
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\
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    \1\ See References in Text note below.
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(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; 
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

    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. 
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 
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 declared by Proc. No. 6867 
were contained in the following:
    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.


                            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.
