118 HR 3246 IH: Sanction Russian Nuclear Safety Violators Act of 2023
U.S. House of Representatives
2023-05-11
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I
118th CONGRESS
1st Session
H. R. 3246
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Meeks (for himself, Mr. Keating, Ms. Wild, Mr. Allred, Mr. Pallone, Ms. Kaptur, Mr. Cohen, Mr. Boyle of Pennsylvania, and Mr. Gallego) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 authorize the imposition of sanctions with respect to any foreign person endangering the integrity or safety of the Zaporzhzhia nuclear power plant.
1.

Short title
This Act may be cited as the “Sanction Russian Nuclear Safety Violators Act of 2023”.
2.

Findings
Congress makes the following findings:
(1)
On February 24, 2022, the Government of the Russian Federation, led by Vladimir Putin, launched an unprovoked, full-scale invasion of Ukraine.
(2)
Russian forces have illegally occupied the Zaporzhzhia nuclear power plant, the largest nuclear power plant in Europe, and have placed Russian military equipment within the power plant.
(3)
Officials from the Russian Federations State Atomic Energy Corporation “Rosatom” have been present at the plant since March 2022 and have requested information on confidential issues regarding the plant’s operations.
(4)
The International Atomic Energy Association “IAEA” has stated that the presence of Rosatom officials is a significant safety concern and could lead to technical interference in the plant’s operations, and has found that the power plant has structural damage in places due to shelling caused by Russia’s invasion of Ukraine.
(5)
The Director General has stated that failing to demilitarize the Zaporzhzhia nuclear power plant is “playing with fire”.
(6)
In May 2023, Russia evacuated citizens from the region around Zaporizhzhia, including personnel who operate the plant, further exacerbating concerns about the plant’s stability and safety.
3.

Sanctions
(a)

In general
The President shall impose sanctions described in subsection (b) with respect to any foreign person has endangered the integrity, safety, or undermined Ukrainian operational control of the Zaporzhzhia Nuclear Power Station located in southeastern Ukraine since the Russian Federation launched an unprovoked, full-scale invasion of Ukraine.
(b)

Sanctions described
The sanctions described in this subsection are the following:
(1)

Asset blocking
Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act to the extent necessary 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.
(2)

Visas, admission, or parole
(A)

In general
An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection (a) is—
(i)
inadmissible to the United States;
(ii)
ineligible for a visa or other documentation to enter the United States; and
(iii)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B)

Current visas revoked
(i)

In general
The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.
(ii)

Effect of revocation
A revocation under clause (i)—
(I)
shall take effect immediately; and
(II)
shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(c)

Exceptions
(1)

Exception to comply with international obligations
Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(2)

Exception relating to the provision of humanitarian assistance
Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for—
(A)
the sale of agricultural commodities, food, medicine, or medical devices;
(B)
the provision of humanitarian assistance;
(C)
financial transactions relating to humanitarian assistance; or
(D)
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
(3)

Exception related to ukrainian operational control
Sanctions under this section shall not apply to any foreign person seeking to reestablish Ukrainian operational control of the Zaporizhzhia Nuclear Power Station or the surrounding region.
(d)

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 this subtitle.
(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 section 403(b) to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(e)

Waiver
The President may waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States.
(f)

Definitions
In this section—
(1)
the term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;
(2)
the term “foreign person” means an individual or entity that is not a United States person;
(3)
the term “United States person” means—
(A)
a United States citizen;
(B)
a permanent resident alien of the United States;
(C)
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
(D)
a person in the United States.