Statutory Regulation

(c) Copyright 2011, vLex. © Copyright 2007, vLex. All Rights Reserved.
Copy for personal use only. Distribution or reproduction is not allowed.

50 USC 191 - Sec. 191. Regulation of anchorage and
movement of vessels duringnational emergency
50 USC 191 - Sec. 191. Regulation of anchorage and movement of vessels
duringnational emergency
Id. vLex: VLEX-19267020
http://vlex.com/vid/19267020

Text

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

User-generated version Anonymous
January 20, 2011

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

Page 1 of 5

50 USC 191 - Sec. 191. Regulation of anchorage and movement of vesse ...
http://vlex.com/vid/19267020

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)
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 title II 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

User-generated version Anonymous
January 20, 2011

"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 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

Page 2 of 5

50 USC 191 - Sec. 191. Regulation of anchorage and movement of vesse ...
http://vlex.com/vid/19267020

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
For transfer of authorities, functions,
personnel, and assets of the Coast Guard,
including the authorities and functions of the
Secretary of Transportation relating thereto, to
the Department of Homeland Security, and for
treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of
Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a
note under section 542 of Title 6. "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, set out as a note under
section 301 of Title 3, The President.

User-generated version Anonymous
January 20, 2011

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. 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

Page 3 of 5

50 USC 191 - Sec. 191. Regulation of anchorage and movement of vesse ...
http://vlex.com/vid/19267020

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

User-generated version Anonymous
January 20, 2011

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. 27, 2003, 68 F.R. 9849, provided:
On March 1, 1996, by Proclamation 6867 [set
out above], President Clinton 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

Page 4 of 5

50 USC 191 - Sec. 191. Regulation of anchorage and movement of vesse ...
http://vlex.com/vid/19267020

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
involved in a 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.
George W. Bush. Prior continuations of
national emergency declared by Proc. No.
6867 were contained in the following: Notice of
President of the United States, dated Feb. 26,
2002, 67 F.R. 9387. Notice of President of the
United States, dated Feb. 27, 2001, 66 F.R.
12841. Notice of President of the United
States, dated Feb. 25, 2000, 65 F.R. 10929.
Notice of President of the United States, dated
Feb. 24, 1999, 64 F.R. 9903. Notice of
President of the United States, dated Feb. 25,
1998, 63 F.R. 9923. Notice of President of the
United States, dated Feb. 27, 1997, 62 F.R.
9347.
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. -FOOTNOTE- (!1) See References in
Text note below.

User-generated version Anonymous
January 20, 2011

Page 5 of 5