50 U.S.C. § 1 — Creation, purpose, and composition of coun-

Page 18 TITLE 50—WAR AND NATIONAL DEFENSE § 1 which they may deem necessary to ensure that the Government of Cuba cannot continue to receive from the Sino-Soviet powers military material and related supplies which may threaten the peace and security of the Continent and to prevent the missiles in Cuba with offensive capability from ever becoming an active threat to the peace and security of the Continent: NOW, THEREFORE, I, JOHN F. KENNEDY, Presi- dent of the United States of America, acting under and by virtue of the authority conferred upon me by the Constitution and statutes of the United States, in ac- cordance with the aforementioned resolutions of the United States Congress and of the Organ of Consulta- tion of the American Republics, and to defend the secu- rity of the United States, do hereby proclaim that the forces under my command are ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to interdict, subject to the instructions herein contained, the deliv- ery of offensive weapons and associated material to Cuba. For the purposes of this Proclamation, the following are declared to be prohibited materiel: Surface-to-surface missiles; bomber aircraft; bombs, air-to-surface rockets and guided missiles; warheads for any of the above weapons; mechanical or electronic equipment to support or operate the above items; and any other classes of materiel hereafter designated by the Secretary of Defense for the purpose of effectuating this Proclamation. To enforce this order, the Secretary of Defense shall take appropriate measures to prevent the delivery of prohibited materiel to Cuba, employing the land, sea and air forces of the United States in cooperation with any forces that may be made available by other Amer- ican States. The Secretary of Defense may make such regulations and issue such directives as he deems necessary to en- sure the effectiveness of this order, including the des- ignation, within a reasonable distance of Cuba, of pro- hibited or restricted zones and of prescribed routes. Any vessel or craft which may be proceeding toward Cuba may be intercepted and may be directed to iden- tify itself, its cargo, equipment and stores and its ports of call, to stop, to lie to, to submit to visit and search, or to proceed as directed. Any vessel or craft which fails or refuses to respond to or comply with directions shall be subject to being taken into custody. Any vessel or craft which it is believed is en route to Cuba and may be carrying prohibited materiel or may itself con- stitute such materiel shall, wherever possible, be di- rected to proceed to another destination of its own choice and shall be taken into custody if it fails or re- fuses to obey such directions. All vessels or craft taken into custody shall be sent into a port of the United States for appropriate disposition. In carrying out this order, force shall not be used ex- cept in case of failure or refusal to comply with direc- tions, or with regulations or directives of the Secretary of Defense issued hereunder, after reasonable efforts have been made to communicate them to the vessel or craft, or in case of self-defense. In any case, force shall be used only to the extent necessary. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of Amer- ica to be affixed. Done in the City of Washington this twenty-third day of October in the year of our Lord nineteen hun- dred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh. [SEAL] JOHN FITZGERALD KENNEDY. PROC. NO. 3507. TERMINATING AUTHORITY GRANTED AND ORDERS ISSUED IN PROC. NO. 3504 Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, 77 Stat. 961, provided: I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and statutes of the United States, do hereby proclaim that at 11 p.m., Greenwich Time, November 20, 1962, I terminated the authority conferred upon the Secretary of Defense by Proclamation No. 3504, dated October 23, 1962 [set out above], and revoked the orders contained therein to forces under my command. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this 21st day of No- vember, in the year of our Lord nineteen hun- dred and sixty-two and of the Independence of the United States of America the one hundred and eighty-seventh. [SEAL] JOHN F. KENNEDY. MIDDLE EAST STABILIZATION Pub. L. 85–7, §§ 1–6, Mar. 9, 1957, 71 Stat. 5, set out as chapter 24A (§ 1961 et seq.) of Title 22, Foreign Relations and Intercourse, authorizes the President to provide economic and military assistance, and, if he determines it necessary, to use armed forces under certain cir- cumstances to maintenance of national independence in the Middle East. CHAPTER 1—COUNCIL OF NATIONAL DEFENSE Sec. 1. Creation, purpose, and composition of coun- cil. 2. Advisory commission. 3. Duties of council. 4. Rule and regulations; subordinate bodies and committees. 5. Reports of subordinate bodies and commit- tees; unvouchered expenditures. 6. Repealed. § 1. Creation, purpose, and composition of coun- cil A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Sec- retary of Agriculture, the Secretary of Com- merce, and the Secretary of Labor. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 649; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Sections 1 to 5 of this title are from section 2 of act Aug. 29, 1916, popularly known as the Army Appropria- tion Act for the fiscal year 1916. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain membership functions, insofar as they pertain to Air Force, which functions were not Page 19 TITLE 50—WAR AND NATIONAL DEFENSE § 5 previously transferred from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of De- fense Transfer Order No. 40 [App. C(11)], July 22, 1949. § 2. Advisory commission The Council of National Defense shall nomi- nate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural re- source, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual ex- penses of travel and subsistence when attending meetings of the commission or engaged in inves- tigations pertaining to its activities. The advi- sory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 649.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is re- newed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission es- tablished by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expi- ration of the 2-year period beginning on the date of their establishment, unless, in the case of a commis- sion established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 3. Duties of council It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render pos- sible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the uti- lization of waterways; the mobilization of mili- tary and naval resources for defense; the in- crease of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing trans- portation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other serv- ices of the Government, the requirements relat- ing thereto, and the creation of relations which will render possible in time of need the imme- diate concentration and utilization of the re- sources of the Nation. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 649; Nov. 9, 1921, ch. 119, § 3, 42 Stat. 212.) Editorial Notes CODIFICATION The words ‘‘extensive highways and’’ which preceded ‘‘branch lines of railroad’’ omitted on authority of act Nov. 9, 1921, which transferred powers and duties of Council relating to highways to Secretary of Com- merce. § 4. Rules and regulations; subordinate bodies and committees The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be sub- ject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable inves- tigation, research, and inquiry and made avail- able in conference and report for the use of the council; and the council may organize subordi- nate bodies for its assistance in special inves- tigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensa- tion, but to direct the investigations of experts so employed. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 650.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is re- newed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission es- tablished by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expi- ration of the 2-year period beginning on the date of their establishment, unless, in the case of a commis- sion established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 5. Reports of subordinate bodies and commit- tees; unvouchered expenditures Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of execu- tive departments upon special inquiries or sub- jects appropriate thereto. When deemed proper the President may authorize, in amounts stipu- lated by him, unvouchered expenditures. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 650; Aug. 7, 1946, ch. 770, § 1(53), 60 Stat. 870.)