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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8046 Introduced in House (IH)]

<DOC>

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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