[House Document 117-113]
[From the U.S. Government Publishing Office]
117th Congress, 2d Session - - - - - - - - - - - - House Document 117-113
DECLARATION OF NATIONAL EMERGENCY AND INVOCATION OF EMERGENCY AUTHORITY
RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF RUSSIAN-
AFFILIATED VESSELS TO UNITED STATES PORTS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
DECLARATION OF NATIONAL EMERGENCY AND INVOCATION OF EMERGENCY AUTHORITY
RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF RUSSIAN-
AFFILIATED VESSELS TO UNITED STATES PORTS, PURSUANT TO 50 U.S.C.
1621(a); PUBLIC LAW 94-412, SEC. 201(a); (90 STAT. 1255)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 25, 2022.--Referred to the Committee on Foreign Affairs and
ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
29-011 WASHINGTON : 2022
The White House,
Washington, April 21, 2022.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the National Emergencies
Act (50 U.S.C. 1601 et seq.) and section 1 of title II of
Public Law 65-24, ch. 30, June 15, 1917, as amended (Magnuson
Act) (46 U.S.C. 70051), I hereby report that I have issued a
proclamation with respect to the policies and actions of the
Government of the Russian Federation to continue the
premeditated, unjustified, unprovoked, and brutal war against
Ukraine, which constitute a national emergency by reason of a
disturbance or threatened disturbance of international
relations of the United States.
The proclamation prohibits Russian-affiliated vessels from
entering into United States ports with limited exceptions for
Russian-affiliated vessels used in the transport of source
material, special nuclear material, and nuclear byproduct
material for which, and for such time as, the Secretary of
Energy, in consultation with the Secretary of State and the
Secretary of Commerce, determines that no viable source of
supply is available that would not require transport by
Russian-affiliated vessels; and for Russian-affiliated vessels
requesting only to enter United States ports due to force
majeure, solely to allow seafarers of any nationality to
disembark or embark for purposes of conducting crew changes,
emergency medical care, or for other humanitarian need. The
proclamation also authorizes the Secretary of Homeland Security
to make and issue such rules and regulations as the Secretary
may find appropriate to regulate the anchorage and movement of
Russian-affiliated vessels, and delegates to the Secretary my
authority to approve such rules and regulations, as authorized
by the Magnuson Act.
I am enclosing a copy of the proclamation I have issued.
Sincerely,
Joseph R. Biden, Jr.
Declaration of National Emergency and Invocation of Emergency Authority
Relating to the Regulation of the Anchorage and Movement of Russian-
Affiliated Vessels to United States Ports
----------
By the President of the United States of America
A Proclamation
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the National Emergencies Act (50 U.S.C. 1601 et seq.)
and section 1 of title II of Public Law 65-24, ch. 30, June 15,
1917, as amended (Magnuson Act) (46 U.S.C. 70051), I, JOSEPH R.
BIDEN JR., President of the United States of America, hereby
find and proclaim that:
The policies and actions of the Government of the Russian
Federation to continue the premeditated, unjustified,
unprovoked, and brutal war against Ukraine constitute a
national emergency by reason of a disturbance or threatened
disturbance of international relations of the United States. In
order to address this national emergency and secure the
observance of the rights and obligations of the United States,
I hereby authorize the Secretary of Homeland Security
(Secretary) to make and issue such rules and regulations as the
Secretary may find appropriate to regulate the anchorage and
movement of Russian-affiliated vessels, and delegate to the
Secretary my authority to approve such rules and regulations,
as authorized by the Magnuson Act.
Section 1. I hereby prohibit Russian-affiliated vessels
from entering into United States ports.
Sec. 2. The prohibition of section 1 of this proclamation
applies except:
(a) to Russian-affiliated vessels used in the transport of
source material, special nuclear material, and nuclear
byproduct material for which, and for such time as, the
Secretary of Energy, in consultation with the Secretary of
State and the Secretary of Commerce, determines that no viable
source of supply is available that would not require transport
by Russian-affiliated vessels; and
(b) to Russian-affiliated vessels requesting only to enter
United States ports due to force majeure, solely to allow
seafarers of any nationality to disembark or embark for
purposes of conducting crew changes, emergency medical care, or
for other humanitarian need.
Sec. 3. For the purposes of this proclamation:
(a) the term ``Russian-affiliated vessels'' means:
(i) vessels of Russian registry (i.e., the vessel is
Russian flagged);
(ii) vessels that are Russian owned (i.e., the legal
title of ownership of the vessel that appears on the
ship's registration documents is the Government of the
Russian Federation or a Russian company, citizen, or
permanent resident); or
(iii) vessels that are Russian operated (i.e., a
Russian company, citizen, or permanent resident is
responsible for the commercial decisions concerning the
employment of a ship and decides how and where that
asset is employed).
(b) the term ``byproduct material'' has the same meaning
given to that term in section 11(e) of the Atomic Energy Act of
1954, as amended (AEA) (42 U.S.C. 2014(e)).
(c) the term ``source material'' has the same meaning given
to that term in section 11(z) of the AEA (42 U.S.C. 2014(z)).
(d) the term ``special nuclear material'' has the same
meaning given to that term in section 11(aa) of the AEA (42
U.S.C. 2014(aa)).
Sec. 4. The prohibition set forth in this proclamation
shall be effective as of 12:01 a.m. eastern daylight time on
April 28, 2022, and shall be immediately transmitted to the
Congress and published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-first day of April, in the year of our Lord two thousand
twenty-two, and of the Independence of the United States of
America the two hundred and forty-sixth.
Joseph R. Biden, Jr.
[all]