Title 50 - War and National Defense

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 50USC191]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 12--VESSELS IN TERRITORIAL WATERS OF UNITED STATES
Sec. 191. Regulation of anchorage and movement of vessels during
national emergency
Whenever the President by proclamation or Executive order declares a
national emergency to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or threatened disturbance of
the international relations of the United States, or whenever the
Attorney General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United States
presents urgent circumstances requiring an immediate Federal response,
the Secretary of Transportation may make, subject to the approval of the
President, rules and regulations governing the anchorage and movement of
any vessel, foreign or domestic, in the territorial waters of the United
States, may inspect such vessel at any time, place guards thereon, and,
if necessary in his opinion in order to secure such vessels from damage
or injury, or to prevent damage or injury to any harbor or waters of the
United States, or to secure the observance of the rights and obligations
of the United States, may take, by and with the consent of the
President, for such purposes, full possession and control of such vessel
and remove therefrom the officers and crew thereof and all other persons
not specially authorized by him to go or remain on board thereof.
Whenever the President finds that the security of the United States
is endangered by reason of actual or threatened war, or invasion, or
insurrection, or subversive activity, or of disturbances or threatened
disturbances of the international relations of the United States, the
President is authorized to institute such measures and issue such rules
and regulations-(a) to govern the anchorage and movement of any foreign-flag
vessels in the territorial waters of the United States, to inspect
such vessels at any time, to place guards thereon, and, if necessary
in his opinion in order to secure such vessels from damage or
injury, or to prevent damage or injury to any harbor or waters of
the United States, or to secure the observance of rights and
obligations of the United States, may take for such purposes full
possession and control of such vessels and remove therefrom the
officers and crew thereof, and all other persons not especially
authorized by him to go or remain on board thereof;
(b) to safeguard against destruction, loss, or injury from
sabotage or other subversive acts, accidents, or other causes of
similar nature, vessels, harbors, ports, and waterfront facilities
in the United States and all territory and water, continental or
insular, subject to the jurisdiction of the United States.
Any appropriation available to any of the Executive Departments shall be
available to carry out the provisions of this title.\1\
--------------------------------------------------------------------------\1\ See References in Text note below.
--------------------------------------------------------------------------(June 15, 1917, ch. 30, title II, Sec. 1, 40 Stat. 220; Aug. 9, 1950,
ch. 656, Sec. 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, Sec. 2(b), 64
Stat. 1038; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938;
Pub. L. 96-70, title III, Sec. 3302(a), Sept. 27, 1979, 93 Stat. 498;

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Pub. L. 104-208, div. C, title VI, Sec. 649, Sept. 30, 1996, 110 Stat.
3009-711.)
References in Text
This title, referred to in text, means title II of act June 15,
1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and
192 to 194 of this title. For complete classification of this Act to the
Code, see Tables.
Amendments
1996--Pub. L. 104-208, in first par., inserted ``or whenever the
Attorney General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United States
presents urgent circumstances requiring an immediate Federal response,''
after ``international relations of the United States,''.
1979--Pub. L. 96-70 struck out second par., providing that within
the territory and waters of the Canal Zone the Governor of the Canal
Zone, with the approval of the President, shall exercise all the powers
conferred by this section on the Secretary of the Treasury, and in cl.
(b) of third par., struck out ``the Canal Zone,'' after ``facilities in
the United States,''.
1950--Act Sept. 26, 1950, substituted ``Governor of the Canal Zone''
for ``Governor of the Panama Canal'' in second par.
Act Aug. 9, 1950, authorized the President to institute such rules
and regulations to control anchorage and movement of foreign-flag
vessels in United States waters when the national security is
endangered.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Termination Date of 1950 Amendment
Section 4 of act Aug. 9, 1950, provided that: ``The provisions of
this Act [amending this section and sections 192 and 194 of this title]
shall expire on such date as may be specified by concurrent resolution
of the two Houses of Congress.''
Termination of War and Emergencies
Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in
the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
Regulations--Post-War Generally
For regulations relating to safeguarding of vessels, harbors, ports,
and waterfront facilities, under a finding that the security of the
United States is endangered by reason of subversive activity, see Ex.
Ord. No. 10173, Oct. 18, 1950, 15 F.R. 7005.
Regulations--World War II

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Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069, revoked
Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54 Stat. 2711, which granted
consent of President to the exercise of certain powers under this
section by the Secretary of the Treasury and the Governor of the Canal
Zone.
Regulations--World War I
A proclamation was issued under this section on December 3, 1917.
Separability
Section 4 of title XIII of act June 15, 1917, provided: ``If any
clause, sentence, paragraph, or part of this Act [see Tables for
classification] shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof but shall be confined in its
operation to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.''
Transfer of Functions
``Secretary of Transportation'' substituted for ``Secretary of the
Treasury'' in first paragraph of text pursuant to section 6(b)(1) of
Pub. L. 89-670, which transferred Coast Guard to Department of
Transportation and transferred to and vested in Secretary of
Transportation functions, powers, and duties, relating to Coast Guard,
of Secretary of the Treasury and of other officers and offices of
Department of the Treasury. See section 108 of Title 49, Transportation.
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in
President by this section, see section 2(e) of Ex. Ord. No. 10289, Sept.
17, 1951, 16 F.R. 9499, as amended, and section 1(r) of Ex. Ord. No.
10637, Sept. 16, 1955, 20 F.R. 7025, set out as notes under section 301
of Title 3, The President.
Proc. No. 6867. Declaration of National Emergency and Invocation of
Emergency Authority Relating to Regulation of Anchorage and Movement of
Vessels
Proc. No. 6867, Mar. 1, 1996, 61 F.R. 8843, provided:
WHEREAS, on February 24, 1996, Cuban military aircraft intercepted
and destroyed two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba;
WHEREAS the Government of Cuba has demonstrated a ready and reckless
willingness to use excessive force, including deadly force, in the
ostensible enforcement of its sovereignty;
WHEREAS, on July 13, 1995, persons in U.S.-registered vessels who
entered into Cuban territorial waters suffered injury as a result of the
reckless use of force against them by the Cuban military; and
WHEREAS the entry of U.S.-registered vessels into Cuban territorial
waters could again result in injury to, or loss of life of, persons
engaged in that conduct, due to the potential use of excessive force,
including deadly force, against them by the Cuban military, and could
threaten a disturbance in international relations;
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United
States of America, by the authority vested in me by the Constitution and
the laws of the United States of America, including section 1 of title
II of Public Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C.

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191), sections 201 and 301 of the National Emergencies Act (50 U.S.C.
1601 et seq.) [50 U.S.C. 1621, 1631], and section 301 of title 3, United
States Code, find and do hereby proclaim that a national emergency does
exist by reason of a disturbance or threatened disturbance of
international relations. In order to address this national emergency and
to secure the observance of the rights and obligations of the United
States, I hereby authorize and direct the Secretary of Transportation
(the ``Secretary'') to make and issue such rules and regulations as the
Secretary may find appropriate to regulate the anchorage and movement of
vessels, and delegate to the Secretary my authority to approve such
rules and regulations, as authorized by the Act of June 15, 1917 [see
Tables for classification].
Section 1. The Secretary may make rules and regulations governing
the anchorage and movement of any vessel, foreign or domestic, in the
territorial waters of the United States, which may be used, or is
susceptible of being used, for voyage into Cuban territorial waters and
that may create unsafe conditions and threaten a disturbance of
international relations. Any rule or regulation issued pursuant to this
proclamation may be effective immediately upon issuance as such rule or
regulation shall involve a foreign affairs function of the United
States.
Sec. 2. The Secretary is authorized to inspect any vessel, foreign
or domestic, in the territorial waters of the United States, at any
time; to place guards on any such vessel; and, with my consent expressly
hereby granted, take full possession and control of any such vessel and
remove the officers and crew, and all other persons not specifically
authorized by the Secretary to go or remain on board the vessel when
necessary to secure the rights and obligations of the United States.
Sec. 3. The Secretary may request assistance from such departments,
agencies, officers, or instrumentalities of the United States as the
Secretary deems necessary to carry out the purposes of this
proclamation. Such departments, agencies, officers, or instrumentalities
shall, consistent with other provisions of law and to the extent
practicable, provide requested assistance.
Sec. 4. The Secretary may seek assistance from State and local
authorities in carrying out the purposes of this proclamation. Because
State and local assistance may be essential for an effective response to
this emergency, I urge all State and local officials to cooperate with
Federal authorities and to take all actions within their lawful
authority necessary to prevent the unauthorized departure of vessels
intending to enter Cuban territorial waters.
Sec. 5. All powers and authorities delegated by this proclamation to
the Secretary may be delegated by the Secretary to other officers and
agents of the United States Government unless otherwise prohibited by
law.
Sec. 6. This proclamation shall be immediately transmitted to the
Congress and published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
March, in the year of our Lord nineteen hundred and ninety-six, and of
the Independence of the United States of America the two hundred and
twentieth.
William J. Clinton.
Continuation of National Emergency Declared by Proc. No. 6867
Notice of President of the United States, dated Feb. 25, 2000, 65
F.R. 10929, provided:
On March 1, 1996, by Proclamation 6867 [set out above], I declared a
national emergency to address the disturbance or threatened disturbance
of international relations caused by the February 24, 1996, destruction
by the Government of Cuba of two unarmed U.S.-registered civilian
aircraft in international airspace north of Cuba. In July 1996 and on
subsequent occasions, the Government of Cuba stated its intent to
forcefully defend its sovereignty against any U.S.-registered vessels or
aircraft that might enter Cuban territorial waters or airspace while

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involved in a memorial flotilla and peaceful protest. Since these
events, the Government of Cuba has not demonstrated that it will refrain
from the future use of reckless and excessive force against U.S. vessels
or aircraft that may engage in memorial activities or peaceful protest
north of Cuba. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the
national emergency with respect to Cuba and the emergency authority
relating to the regulation of the anchorage and movement of vessels set
out in Proclamation 6867.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuations of national emergency
were contained in the following:
Notice of President of the United States,
F.R. 9903.
Notice of President of the United States,
F.R. 9923.
Notice of President of the United States,
F.R. 9347.

declared by Proc. No. 6867
dated Feb. 24, 1999, 64
dated Feb. 25, 1998, 63
dated Feb. 27, 1997, 62

Cross References
Carrying or possessing explosives or dangerous weapons on vessels
seized, forfeited, or upon which guard has been placed under this
chapter, see section 2277 of Title 18, Crimes and Criminal Procedure.
Section Referred to in Other Sections
This section is referred to in section 191a of this title; title 18
section 2277; title 42 section 267.

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