OPERATION ALERT DOCUMENTS NO. 1, 2, AND 3.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200130003-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: January 23, 2001
• Sequence Number: 3
• Publication Date: October 8, 1956
• Content Type: MF

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Counsel
1. Docnt 2Q. 1. This Doeumeat is a Presidential PrcLtioi
entitled ',reclaim ion of an Ibliatted National Nnergeney and State 0)
War". 'Ite Document recites that the Korean Prveamaktion was issued tu
declare a national emergency but was not begird 011 a threat of vier in-
volving the United States and did not call into being certain etatutorY
powers which are based on conditions which may constitute a threat of
war* It further recites that the United States is DOW under attack te.
a foreign power. The President then proelaime: "that an uralmited
national emergency and state of war confront this
country, which requires that its nalitary, naval, air
and civilian defenses undertake to Mal ani wad all
acts or threats of aggression directed towerd the Limited
States, ite mill-tory forcen and bases overseas, or toward
the national interest eisewhere*4
2* In the absence of au indication to the contrary, it will be
asiumed that the Proclamation is not to be aimomaaalcd W. tclsrstim
of war by Congress* The effect of the Proclamation therefore is that
it invokes whatever powers exist by virtue of statutes the operative
effect of *which hinges on the feat that "en uellmited national eleriptioy
and state of war confront this country". We mar not* in tbla ocamoot--on
that CIA is not as dependent on emerge:ley powers as are other agenelss,
since the President's constitutional powers as eammanier-ineChief and
his inherent powers are available for CIA purposes, sad in view of th-,
broad powers provided by the BE Mt and the CIA Act.
3* Several impertant, fardireaching statutes are referred tO in
other ALERT documents* There follows a brief comment on autstas
which would be activated by the language of Document No* 1, -and which
eight effect the operations of CIA:
(e) Section Web of Title 40 provides an
provision of Section 278e, which limits the sat&ritr to obligate or
expend appropriated funds to rent building mace* See
the limitation during war or a natiunal emergency declared by Congress
or by the President with respect to such yr-martian as the Secretor,/ 3f
the Arm or Navy or ouch person as he may designate, may certify as
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necessary for the prosecution of the var or vital in the national
nay. Doubtless this authority &ALIA be uttlited for the
b. Section I185 of Title 8 provides it
unless otherwise ordered by Congress or the President,
to depart from or enter the United Mates except as the Pres
prescribe. It also provides that it shal3 be unlawful for citizens
to enter or leave the United States except with a vela passport. Thie
authority might be useful in keeping track or persona it vhom we are
interested. dowever? it would have to be used carefull4e so as to
hide CIA association or interest.
4. Zcn No. 2. Document NO. 2, a Presidential Proclamation
entitled rae1eimtng tle Existence of a State of Civil Defense
Emergency ?Thj? lsims the existence of a etate of civil defense
emergeney, would have no direct effect on 0/A activities. IMO it
would do, however, would be to put into operstion certain standby emergency
powers, provided by the Federal Civil Defense Act of 1950, under which
the President and the Civil Defense Administrator may direct other ageivtiet$,
including this one, to undertake certain activities. The Act provides
that during the period at the emergency, umder certain terms aod conditi.ons
to be prescribed by the President and palely for civil defense purposes,
the "President may direct, after tekleg into consideration the military
requirements of the Department of Defense, may federal department or aguney
to provide, end such departments and agencies are authorised to provide"
personnel, materials and facilities to the Administrator of Civil Defence
"for the aid of the States". Although this language vould permit the
Administrator to order CIA to make avalleble its pereonnol, material ane
facilities, the requirement that the Presidont first take into coniideritiot
the military requirements of the Department of Defense would seem to reeuire
that the President exclude CIA froe his directives, in view of the *sloe+
relationship between the CIA and military requirements or the Departosertt-
of Derange. The Agency vmuld be well advised, however, to consult with
Defense with a view to having that Department include CIA is any
representation it makes to the President ooncerning the exercise of thie
per. Further, although the Prenident is required to consider only Def,ms0
needs, he nay consider aey others. the Agency might find it useful to
make direct requests to the President concerning our needs.
5. Docint No. 3. Document No. 3 is a Presidential Prod
entitled *froviding Ifemporary National-Security and Civil-Defense
The preamble recites the fact that the country-bee been atteaked, comarlik3
widespread destruction of life and property, end that loesl governments
are unable to perform their functions. The Proclamation then confers a
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nudber of powers on the Civil Mefense Models the only
of which haying any CIA impact is the eatboritY anttd the Medals tor
to take whatever action be necessary to dieeherge necessary welfare
and government functions. In order to accoepliah this be may, 000oe
other things, require "voluntary and involuntary services of all persons
(except maskers of the armed forces)" and move ouch persons to Valmor
where their services are needed. Altbeneth the Asency doCbtless coult
negotiate vith the Aftdmistrator in order tot* excepted it would seem
that the Agency would be veil advised to have the proclamation amendtd
prior to issuance, so that our personnel would en3py the same except ons
as do members of the armed forces.
25X1A9a
Assietant Genera
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