[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8046 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8046
To impose sanctions with respect to Rosatom, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Kean of New Jersey introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions with respect to Rosatom, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rosatom Sanctions Enforcement Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to end United States reliance on the nuclear energy
sector of the Russian Federation, including Rosatom, in light
of Russia's unprovoked war of aggression against Ukraine, a
grave breach of international law;
(2) to work with United States allies and partners to find
alternative nuclear energy suppliers to Russia and help these
allies and partners end their reliance on Rosatom;
(3) to limit access of the Government of Russia to revenue
through the implementation of sanctions and export controls
against Rosatom; and
(4) to inhibit the Government of Russia from using Rosatom
as a tool of malign influence internationally.
SEC. 3. STRATEGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and biannually thereafter for 5 years, the
President shall submit to the appropriate congressional committees a
strategy that contains the contents described in subsection (b).
(b) Contents Described.--The contents of the strategy required by
subsection (a) shall include the following:
(1) A strategy to--
(A) replace Rosatom and other nuclear suppliers of
the Russian Federation with those from the United
States and United States allies and partners;
(B) effect a permanent decoupling from the Russian
nuclear industry; and
(C) replace Rosatom as the primary entity that can
provide reactor safety and operation services to the
existing Rosatom and Russian Federation designed and
constructed nuclear reactor fleet.
(2) A description of key vulnerabilities in the
infrastructure and supply chains of United States allies and
partners.
(3) A description of consultations carried out with United
States allies and partners in implementing the sanctions
required by section 5.
(4) A description of proposed assistance by the United
States and United States allies and partners to the
International Atomic Energy Agency's international low-enriched
uranium fuel bank in Kazakhstan.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. ISSUANCE OF DIRECTIVE PURSUANT TO EXECUTIVE ORDER 14024.
Not later than 60 days after the submission of the strategy
described in section 2, the President shall issue a directive pursuant
to Executive Order 14024 (86 Fed. Reg. 20249; relating to blocking
property with respect to specified harmful foreign activities of the
Government of the Russian Federation) prohibiting United States persons
from engaging in any significant transaction or dealing with--
(1) Rosatom;
(2) any person that is a corporate officer or principal of,
or shareholder with a controlling interest in, Rosatom; or
(3) any foreign person that is directly or indirectly owned
or controlled by or acting for or on behalf of Rosatom.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO ROSATOM.
(a) Sanctions Required.--On and after the date that is 180 days
after the date of the enactment of this Act, the President shall impose
the sanctions described in subsection (b) with respect to--
(1) Rosatom;
(2) any foreign person that is a member of the supervisory
board or management board of Rosatom;
(3) a foreign person that knowingly directly or indirectly
engages in any significant transaction for nuclear reactor
construction and related services with Rosatom;
(4) any foreign person that is responsible for or complicit
in, or responsible for ordering, controlling, or otherwise
directing, the activities at Ukraine's Zaporizhzhia Nuclear
Power Plant since February 24, 2022, and while illegally under
occupation of the Russian Federation; or
(5) any foreign person that is owned, controlled, or
directed by, or has knowingly provided support for or acted or
purported to act for or on behalf of, directly or indirectly,
any foreign person described in paragraph (1), (2), (3), or
(4).
(b) Sanctions Described.--The President shall exercise all of the
powers granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) to block and prohibit all transactions in all
property and interests in property of the foreign person if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
SEC. 6. PROHIBITIONS AND CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS
HELD BY FOREIGN FINANCIAL INSTITUTIONS.
(a) In General.--The President shall prescribe regulations to
prohibit, or impose strict conditions on, the opening or maintaining in
the United States of a correspondent account or a payable-through
account by a foreign financial institution that the President
determines facilitates the activities of a foreign person described in
paragraph (2), (3), (4), or (5) of section 5(a).
(b) Definitions.--In this section--
(1) the terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code; and
(2) the term ``financial institution'' means a financial
institution specified in subparagraph (A), (B), (C), (D), (E),
(F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of
title 31, United States Code.
SEC. 7. GENERAL PROVISIONS APPLICABLE TO SECTIONS 4, 5, AND 6.
(a) Waivers.--
(1) In general.--The President may waive the application of
sanctions under section 4, 5, or 6 for a transaction or
transactions with a United States person, a foreign person, or
a foreign financial institution (as the case may be) described
under such section if the President certifies to the
appropriate congressional committees that such waiver is vital
to the national security interests of the United States--
(A) for renewable periods of 180 days until January
1, 2028; and
(B) on a case-by-case basis from January 2, 2028 to
January 1, 2032.
(2) Transactions relating to activities necessary to the
production of medical and industrial radioactive and stable
isotopes.--
(A) In general.--The President may waive the
application of sanctions under section 4, 5, or 6 for a
transaction or transactions with a United States
person, a foreign person, or a foreign financial
institution (as the case may be) described under such
section for one year, renewable for up to 10 years,
if--
(i) the President determines that the
transaction relates to activities necessary to
the production of medical isotopes or
industrial isotopes; and
(ii) the President certifies to the
appropriate congressional committees that--
(I) domestic medical isotope or
industrial isotope production is
insufficient to meet United States
patient and industry requirements; and
(II) the United States is taking
measurable steps to establish medical
isotope or industrial isotope supply
chains that are not reliant on Rosatom
or other Russian source material.
(B) Definitions.--In this paragraph--
(i) the term ``industrial isotope'' means a
radioactive or stable form of an element that
is used primarily for industrial (non-medical)
purposes; and
(ii) the term ``medical isotope'' means a
radioactive or stable form of an element that
is either administered directly into a patient
or is combined with a carrier molecule for
diagnosis and treatment of disease.
(3) Special rule.--
(A) In general.--The President shall not be
required to impose the application of sanctions under
section 4, 5, or 6 for a transaction or transactions
with a United States person, a foreign person, or a
foreign financial institution (as the case may be)
described under such if the President certifies in
writing to the appropriate congressional committees
that--
(i) the person--
(I) is no longer engaging in
activities of a foreign person
described in paragraph (3), (4), or (5)
of section 5(a), or section 6; and
(II) has taken and is continuing to
take significant verifiable steps
toward terminating such activities; and
(ii) the President has received reliable
assurances that the person will not engage in
such activities in the future.
(B) Clarification of applicability.--The authority
described in subparagraph (A) may apply to contracts
that--
(i) have entered into force prior to
February 24, 2022, and have not been extended
or renegotiated since their entry into force;
and
(ii) do not extend beyond January 1, 2028,
for fuel and services.
(4) Notification.--Not later than 15 days prior to the
issuance of the exercise of a waiver under paragraph (1) or (2)
or the special rule under paragraph (3) with respect to United
States person, a foreign person, or a foreign financial
institution (as the case may be), and every 180 days there
after while the waiver or special rule (as the case may be)
remains in effect, the President shall notify the appropriate
congressional committees on the status of the involvement of
the person in activities that meet the criteria described in
sections 4, 5, and 6.
(b) Exceptions.--Sanctions described under section 4, 5, or section
6 shall not apply to--
(1) authorized intelligence, law enforcement, or national
security activities of the United States;
(2) activities that are for the conduct of the official
business of the United Nations, its specialized agencies,
programmes, funds, and related organizations by employees,
contractors, or grantees of such agencies, programmes and
funds; or
(3) any activities that are required for the safe operation
of nuclear reactors including critical reactor safety,
safeguards, and security, in which there are no alternative
suppliers.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out sections 4, 5, and 6 if the
President notifies Congress not later than 5 days prior to the
issuance of a license relating to such exercise of authorities.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under subsection
(d) to carry out section 4, 5, or 6 to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(d) Regulatory Authority.--Not later than 180 days after the date
of the enactment of this Act, the President shall promulgate
regulations as necessary for the implementation of sections 4, 5, and
6.
SEC. 8. CONGRESSIONAL OVERSIGHT OF CERTAIN SANCTIONS IMPOSED WITH
RESPECT TO THE RUSSIAN FEDERATION.
(a) In General.--Not later than 60 days after receiving a request
from the chairman and ranking member of one of the appropriate
congressional committees with respect to whether a person meets the
criteria of a foreign person described in paragraph (2), (3), (4) or
(5) of section 5(a) or a foreign financial institution described in
section 6(a), as the case may be, or is violating or has violated a
covered regulation, the President shall--
(1) determine if the person or foreign financial
institution, as the case may be, meets such criteria; and
(2) submit a classified or unclassified report to such
chairman and ranking member with respect to such determination
that includes a statement of whether or not the President
imposed or intends to impose sanctions with respect to such
person or foreign financial institution.
(b) Covered Regulation Defined.--The term ``covered regulation''
means--
(1) part 587 of title 31, Code of Federal Regulations
(Russia Harmful Foreign Activities Sanctions Regulations); or
(2) part 589 of title 31 Code of Federal Regulations
(Ukraine/Russia-Related Sanctions Regulations).
SEC. 9. PAUSE FROM THE RUSSIA ``123 AGREEMENT''.
The President shall take such actions as may be necessary to pause
the issuance of export licenses granted under the United States from
the Agreement between the Government of the United States of America
and the Government of the Russian Federation for Cooperation in the
Field of Peaceful Uses of Nuclear Energy, entered into on January 11,
2011, pursuant to section 123 of the Atomic Energy Act of 1954 (42
U.S.C. 2153), until such time as the President certifies to the
appropriate congressional committees the following:
(1) The Russian Federation has ceased hostilities in
Ukraine, has withdrawn all of its forces from sovereign
Ukrainian territory, and Ukraine's territorial integrity is
fully restored.
(2) Rosatom is not or has not contributed to the misuse of
United States-origin nuclear material within Zaporizhia Nuclear
Power Plant.
(3) Russia, through Rosatom, is not using or gaining any
benefit of the proceeds from sales related to Rosatom to fund
Russia's illegal occupation of Ukraine or other territory.
(4) Russia is in full compliance with the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of Strategic
Offensive Arms.
(5) Russia has not conducted any yield producing nuclear
test in the 10-year period ending on the date of the
certification.
(6) Rosatom's transfer of nuclear materials and assistance
to third countries does not contribute to any such third party
country's nuclear weapons activity or illicit nuclear activity.
(7) Russia is not transferring nuclear material or
cooperating militarily with a country or countries in which the
International Atomic Energy Agency has an open investigation or
has withdrawn from the Treaty on the Non-Proliferation of
Nuclear Weapons.
(8) Russia has met its obligations under the Plutonium
Management and Disposition Agreement.
SEC. 10. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
the requirements of this Act. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
citizen or an alien lawfully admitted for permanent
residence to the United States; or
(B) an entity that is not a United States person.
(3) Rosatom.--The term ``Rosatom'' means--
(A) the Rosatom State Nuclear Energy Corporation of
the Russian Federation or any subsidiary thereof;
(B) any entity owned or controlled by the entities
described in subparagraph (A); or
(C) any successor entity or subsidiary of any
entity described in subparagraph (A) or (B).
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction of the United
States, including a foreign branch of such an entity;
or
(C) a person in the United States.
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