[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]