(Pub. L. 91-121, title IV, § 409 (b), Nov. 19, 1969, 83 Stat. 209; Pub. L. 91-441, title V, § 506(b) (1), Oct. 7, 1970, 84 Stat. 912.)

REFERENCES IN TEXT

"This Act", referred to in the introductory text, means Pub. L. 91-121, the Armed Forces Appropriation Authorization, 1970. Pub. L. 91-121, which is set out in part in the Code, enacted this chapter and section 1436 of this title, amended section 5315 (13) of Title 5 and sections 136 (a), (b) and 264 (c) of Title 10, enacted provisions set out as notes under sections 261 and 2358 of Title 10, and amended provisions set out as notes under sections 133 and 3201 of Title 10.

AMENDMENTS

1970-Pub. L. 91-441 inserted reference to the disposal of lethal chemical or biological warfare agents in the United States.

CHEMICAL MUNITIONS TRANSPORTATION FROM OKINAWA TO THE UNITED STATES

Section 13 of Pub. L. 91-672, Jan. 12, 1971, 84 Stat. 2055, provided that: "No funds authorized or appropriated pursuant to this or any other law may be used to transport chemical munitions from the Island of Okinawa to the United States. Such funds as are necessary for the detoxification or destruction of the above described chemical munitions are hereby authorized and shall be used for the detoxification or destruction of chemical munitions only outside the United States. For purposes of this section, the term 'United States' means the several States and the District of Columbia."

§ 1513. Deployment, storage, and disposal; notification to host country and Congress; international law violations; reports to Congress and international organizations.

(1) None of the funds authorized to be appropriated by this Act or any other Act may be used for the future deployment, storage, or disposal, at any place outside the United States of—

(A) any lethal chemical or any biological warfare agent, or

(B) any delivery system specifically designed to disseminate any such agent,

unless prior notice of such deployment, storage, or disposal has been given to the country exercising jurisdiction over such place. In the case of any place outside the United States which is under the jurisdiction or control of the United States Government, no such action may be taken unless the Secretary gives prior notice of such action to the President of the Senate and the Speaker of the House of Representatives. As used in this paragraph, the term "United States" means the several States and the District of Columbia.

(2) None of the funds authorized by this Act or any other Act shall be used for the future testing, development, transportation, storage, or disposal of any lethal chemical or any biological warfare agent outside the United States, or for the disposal of any munitions in international waters, if the Secretary of State, after appropriate notice by the Secretary whenever any such action is contemplated, determines that such testing, development, transportation, storage, or disposal will violate international law. The Secretary of State shall report all determinations made by him under this paragraph to the President of the Senate and the Speaker of the House of Representatives, and to all appropriate international organizations, or organs thereof, in the

event such report is required by treaty or other international agreement. (Pub. L. 91-121, title IV, § 409 (c), Nov. 19, 1969, 83 Stat. 210; Pub. L. 91-441, title V, § 506(b) (2), (3), Oct. 7, 1970, 84 Stat. 912.)

REFERENCES IN TEXT

For classifications in the Code of "this Act" referred to in pars. (1) and (2), see note set out under section 1512 of this title.

AMENDMENTS

1970-Par. (1) Pub. L. 91-441, § 506(b) (2), inserted reference to the disposal of lethal chemical or biological warfare agents or delivery systems for such agents.

Par. (2). Pub. L. 91-441, § 506(b) (3), inserted reference to the disposal of munitions in international waters. § 1514. "United States" defined.

Unless otherwise indicated, as used in this chapter the term "United States" means the several States the District of Columbia, and the territories and possessions of the United States. (Pub. L. 91-121. title IV, § 409 (d), Nov. 19, 1969, 83 Stat. 210.)

§ 1515. Suspension; Presidential authorization.

After November 19, 1969, the operation of this section, or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President. (Pub L. 91-121, title IV, § 409(e), Nov. 19, 1969, 83 Stat. 210.)

§ 1516. Delivery systems.

None of the funds authorized to be appropriated by this Act may be used for the procurement of any delivery system specifically designed to disseminate any lethal chemical or any biological warfare agent, or for the procurement of any part or component of any such delivery system, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States. (Pub. L. 91-121, title IV, § 409(f), Nov. 19, 1969, 83 Stat. 210.)

REFERENCES IN TEXT

For classifications in the Code of "this Act," referred to in the text, see note set out under section 1512 of this title.

SIMILAR PROVISIONS

Section is from the Armed Forces Appropriation Authorization, 1970, Pub. L. 91-121. Similar provisions were contained in Pub. L. 91-441, title V, § 506(a), Oct. 7, 1970, 84 Stat. 912.

§ 1517. Immediate disposal when health or safety are endangered.

Nothing contained in this chapter shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this chapter would clearly endanger the health or safety of any person. (Pub. L. 91-121, title IV, § 409 (g), as added Pub. L. 91-441, title V, § 506(b) (4), Oct. 7, 1970, 84 Stat. 912.)

§ 1518. Disposal; detoxification; report to Congress; emergencies.

On and after October 7, 1970, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly neces

sary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal. (Pub. L. 91-441, title V, § 506(d), Oct. 7, 1970, 84 Stat. 913.)

CODIFICATION

Section was not enacted as part of section 409 of Pub. L. 91-121 which enacted this chapter.

Notes prec. sec..

Act

Proclamations, Executive Orders, Joint Resolutions and Treaties Respecting War, Neutrality and Peace..

Trading With the Enemy Act of 1917... Soldiers' and Sailors' Civil Relief Act of 1918.. Selective Draft Act of 1917...

1

101

201

See, also, notes under the Neutrality Act of 1939, sections 441, 444, 445, 447-451, 453-457 of Title 22, Foreign Relations and Intercourse.

I. PROCLAMATIONS OF STATE OF WAR Proc. No. 2374, Nov. 4, 1939, 12:04 p. m., 4 F. R. 4493, 54 Stat. 2671, proclaimed a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa.

Proc. No. 2398, Apr. 25, 1940, 5 F. R. 1569, 54 Stat. 2698, proclaimed a state of war between Germany and Norway. Proc. No. 2404, May 11, 1940, 5 F. R. 1689, 54 Stat. 2703, proclaimed a state of war between Germany and Belgium, Luxemburg, and the Netherlands.

Proc. No. 2407, June 10, 1940, 10:20 p. m., E. S. T., 5 F. R. 2191, 54 Stat. 2706, proclaimed a state of war between Italy and France and United Kingdom.

Proc. No. 2443, Nov. 15, 1940, 5 F. R. 4523, 54 Stat. 2763, proclaimed a state of war between Italy and Greece. Proc. No. 2473, Apr. 10, 1941, 6 F. R. 1905, 55 Stat. 1627, proclaimed a state of war between Germany-Italy and Yugoslavia.

Proc. No. 2477, Apr. 15, 1941, 6 F. R. 1995, 55 Stat. 1631, proclaimed a state of war between Hungary and Yugoslavia.

Proc. No. 2479, Apr. 24, 1941, 6 F. R. 2133, 55 Stat. 1636, proclaimed a state of war between Bulgaria and Yugoslavia and Greece.

II. PROCLAMATIONS OF UNITED STATES
NEUTRALITY

Proc. No. 2348, Sept. 5, 1939, 4 F. R. 3809, 54 Stat. 2629, proclaimed neutrality of United States in war between Germany and France; Poland; United Kingdom, India, Australia, and New Zealand.

Proc. No. 2353, Sept. 8, 1939, 4 F. R. 3851, 54 Stat. 2643, proclaimed neutrality of United States in war between Germany and Union of South Africa.

Proc. No. 2359, Sept. 10, 1939, 4 F. R. 3857, 54 Stat. 2652, proclaimed neutrality of United States in war between Germany and Canada.

Proc. No. 2399, Apr. 25, 1940, 5 F. R. 1569, 54 Stat. 2699, proclaimed neutrality of United States in war between Germany and Norway.

Proc. No. 2405, May 11, 1940, 5 F. R. 1689, 54 Stat. 2704, proclaimed neutrality of United States in war between Germany and Belgium, Luxemburg, and the Netherlands.

Proc. No. 2408, June 10, 1940, 10:20 p. m. E. S. T., 5 F. R. 2191, 54 Stat. 2707, proclaimed neutrality of United States in war between Italy and France and United Kingdom.

Proc. No. 2444, Nov. 15, 1940, 5 F. R. 4523, 54 Stat. 2764, proclaimed neutrality of United States in war between Italy and Greece.

III. MISCELLANEOUS PROCLAMATIONS AND

EXECUTIVE ORDERS

Ex. Ord. No. 8233, Sept. 5, 1939, 4 F. R. 3822, referred to regulations governing enforcement of neutrality of the United States.

Ex. ORD. No. 8234. REGULATIONS GOVERNING PASSAGE AND CONTROL OF VESSELS THROUGH PANAMA CANAL IN ANY WAR IN WHICH THE UNITED STATES IS NEUTRAL

Ex. Ord. No. 8234, Sept. 5, 1939, 4 F. R. 3823, as amended by Ex. Ord. No. 8382, Mar. 25, 1940, 5 F.R. 1185, provided: Whereas the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations;

And whereas the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance within their power to carry out their obligations as a neutral;

And whereas treaties of the United States require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of

the so-called Hay-Pauncefote treaty concluded between the United States and Great Britain, November 18, 1901;

Now, therefore, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912 (ch. 390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), I hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral;

1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a public vessel, including its crew and cargo, and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage.

2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed.

3. Possession of cameras on board vessels; photographing from vessels. While on board any vessel in transit through the Panama Canal, no person shall (a) have or remain in possession of any camera, or (b) make any photograph, sketch, picture, drawing, map, or graphical representation of any of the locks of the Panama Canal, or of any portion of any such lock, or of any area within or adjacent to any such lock, or of any object or structure within or upon any such area, without first obtaining the permission of the Governor of The Panama Canal, and promptly submitting the product obtained to the Governor for such action as he may deem necessary. The master of every vessel that transits the Panama Canal (a) shall prior to the beginning of each transit cause all cameras on board such vessel, or which are brought on board by embarking passengers, or otherwise, to be collected and delivered to him, and shall retain the said cameras in his possession, in a secure and inaccessible place, until the disembarkation of the original possessors thereof or until the transit through the Canal is completed, and (b) shall during such transit take such further action, in cooperation with the Canal authorities, as may be necessary to prevent the making, by any person on board such vessel in the waters of the Canal Zone, of any photograph, sketch, picture, drawing, map, or graphical representation which is forbidden by this paragraph; but these provisions shall not apply with respect to any person who has obtained permission as provided in this paragraph. Any person who shall violate any provision of this paragraph shall be punishable as provided in section 9 of title 2 of the Canal Zone Code.

The foregoing regulations are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of September 25, 1925, as amended, and the provisions of proclamations and executive orders pertaining to the Canal Zone issued in conformity with the laws and treaties of the United States.

Proc. No. 2350, Sept. 5, 1939, 4 F. R. 3821, 54 Stat. 2368, referred to regulations concerning neutrality in the Canal Zone.

FRANKLIN D. ROOSEVELT

PROC. NO. 2914. NATIONAL EMERGENCY, 1950 Proc. No. 2914, Dec. 16, 1950, 15 F.R. 9029, 64 Stat. A454 provided:

Whereas recent events in Korea and elsewhere constitute a grave threat to the peace of the world and imperil the efforts of this country and those of the United Nations to prevent aggression and armed conflict; and

Whereas world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world; and

Whereas, if the goal of communist imperialism were to be achieved, the people of this country would no longer enjoy the full and rich life they have with God's help built for themselves and their children; they would no longer enjoy the blessings of the freedom of worshipping as they severally choose, the freedom of reading and listening to what they choose, the right of free speech including the right to criticize their Government, the right to choose those who conduct their Government, the right to engage freely in collective bargaining, the right to engage freely in their own business enterprises, and the many other freedoms and rights which are a part of our way of life; and

Whereas the increasing menace of the forces of communist aggression requires that the national defense of the United States be strengthened as speedily as possible: Now, therefore, I, Harry S. Truman, President of the United States of America, do proclaim the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace.

I summon all citizens to make a united effort for the security and well-being of our beloved country and to place its needs foremost in thought and action that the full moral and material strength of the Nation may be readied for the dangers which threaten us.

I summon our farmers, our workers in industry, and our businessmen to make a mighty production effort to meet the defense requirements of the Nation and to this end to eliminate all waste and inefficiency and to subordinate all lesser interests to the common good.

I summon every person and every community to make, with a spirit of neighborliness, whatever sacrifices are necessary for the welfare of the Nation.

I summon all State and local leaders and officials to cooperate fully with the military and civilian defense agencies of the United States in the national defense program.

I summon all citizens to be loyal to the principles upon which our Nation is founded, to keep faith with our friends and allies, and to be firm in our devotion to the peaceful purposes for which the United Nations was founded.

I am confident that we will meet the dangers that confront us with courage and determination, strong in the faith that we can thereby "secure the Blessings of Liberty to ourselves and our Posterity."

HARRY S. TRUMAN

NATIONAL EMERGENCY OF 1939

Proc. No. 2352, Sept. 8, 1939, 4 F. R. 3851, 54 Stat. 2643, proclaimed national emergency in connection with enforcement of neutrality which was terminated by Proc. No. 2974, set out as a note preceding section 1 of this Appendix.

NATIONAL EMERGENCY OF 1941

Proc. No. 2487, May 27. 1941. C F. R. 2617, 55 Stat. 1647. proclaimed an unlimited national emergency which was terminated by Proc. No. 2974, set out as a note preceding section 1 of this Appendix.

Ex. ORD. NO. 9723. TERMINATION OF PRESIDENT'S WAR RELIEF CONTROL BOARD

Ex. Ord. No. 9723, May 15, 1946, 11 F. R. 5345, provided: Executive Order No. 9205 of July 25, 1942, is revoked, and the President's War Relief Control Board established by that order is hereby terminated. The Secretary of State is authorized and directed to liquidate all of the activities and obligations and wind up all of the affairs of the Board as rapidly as practicable, and to utilize therefore such of the personnel property, records, and unexpended appropriations of the Board as may be necessary. HARRY S. TRUMAN