[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8106 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8106
To impose sanctions with respect to Rosatom, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2026
Mr. Kean 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 Energy Sanctions Compliance
and Unified Enforcement Act'' or the ``RESCUE 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 State Atomic Energy
Corporation Rosatom (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 annually thereafter for 4 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) 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;
(B) effect a permanent decoupling of the United
States from the Russian nuclear energy industry; and
(C) replace Rosatom as the primary entity that can
provide reactor safety, operation, and overhaul
services to the existing Rosatom and Russian Federation
designed and constructed nuclear reactor fleet.
(2) A description of key vulnerabilities in the
infrastructure and nuclear energy supply chains of United
States allies and partners that are related to Rosatom or its
subsidiaries.
(3) A description of consultations carried out with United
States allies and partners in implementing the sanctions
required by sections 4 and 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.
(5) A description of feasible efforts the United States can
take to ensure that foreign persons, including foreign
financial institutions, sanctioned pursuant to this Act are not
able to evade such sanctions by routing nuclear materials from
Russia through third-party vendors or entrepots.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. 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 sanction described in subsection (b) with respect to--
(1) any foreign person that the President determines--
(A) operates in the nuclear energy sector of the
Russian Federation; and
(B) is owned or controlled by the Government of the
Russian Federation;
(2) any foreign person that the President determines
knowingly engages, after the date of enactment of this Act,
in--
(A) the approval or entering into of any contract
for the construction of any new nuclear reactor
intended to be constructed, operated, serviced, or
maintained by a foreign entity described under
paragraph (1);
(B) any significant transaction for or related to
construction in connection with any new nuclear reactor
intended to be constructed, operated, serviced, or
maintained by a foreign entity described in paragraph
(1); or
(C) the provision of construction-related services
in connection with any new nuclear reactor intended to
be constructed, operated, serviced, or maintained by a
foreign entity described in paragraph (1); and
(3) any foreign person that is owned, controlled, or
directed by any foreign person described in paragraph (1) or
(2).
(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.
(c) Prohibitions and Conditions With Respect to Certain Accounts
Held by Foreign Financial Institutions.--
(1) In general.--The President may 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 has, after the date of enactment
of this act, facilitated the activities of a foreign person
described in section 4(a).
(2) Definitions.--In this subsection:
(A) Correspondent account; payable-through
account.--The terms ``correspondent account'', and
``payable-through account'' have the meanings given
those terms in section 5318A of title 31, United States
Code.
(B) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given
that term under section 1010.605 of title 31, Code of
Federal Regulations.
(d) Termination of Primary Sanctions.--The President may terminate
the sanctions required under subsection (a) with respect to foreign
persons described in paragraph (1) of such subsection if, not later
than 30 days before the termination of such sanctions, the President
certifies in writing to the appropriate congressional committees that--
(1) the Russian Federation has ceased hostilities in
Ukraine, has withdrawn all of its forces from Ukraine's
internationally recognized territory, and Ukraine's territorial
integrity is fully restored to its internationally recognized
borders as of January 1, 2014;
(2) Rosatom is not contributing to the misuse of United
States-origin nuclear material within Zaporizhzhia 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 until such time that the treaty remains in
effect or until a new treaty is negotiated and comes into
force; and
(5) Rosatom's transfer of nuclear materials and assistance
to third-party countries does not contribute to any such
country's nuclear weapons activity or illicit nuclear activity.
(e) Exception With Respect to Verifiable Steps To Change Conduct.--
The President shall not be required to impose sanctions under
subsection (a) with regards to a foreign person described under
paragraph (2) or (3) of that subsection if the President certifies in
writing to the appropriate congressional committees that--
(1) the foreign person--
(A) no longer meets the description of a foreign
person described in paragraph (2) or (3) of section
4(a); or
(B) has taken and is continuing to take
significant, verifiable steps toward no longer meeting
the description of a foreign person described in
paragraph (2) or (3) of section 4(a); and
(2) the foreign person has provided reliable assurances
that the foreign person will not reinitiate described by
paragraphs (2) or (3) of section 4(a), or will continue to make
progress toward terminating such activities, as the case may
be.
(f) Waivers.--
(1) In general.--The President may waive the application of
sanctions under subsection (a) on a case-by-case basis for
renewable periods of 180 days if the President certifies to the
appropriate congressional committees, not later than 15 days
before the entry into effect of such waiver, that the waiver is
in the national security interest of the United States.
(2) Transactions relating to activities necessary to the
production of medical isotopes and industrial isotopes.--
(A) In general.--The President may waive the
application of sanctions under subsection (a) for a
transaction or transactions for periods not to exceed
one year, renewable for up to 7 years, if--
(i) the President determines that the
transaction or transactions relate 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) Industrial isotope.--The term
``industrial isotope'' means a radioactive or
stable form of an element that is used
primarily for industrial (non-medical)
purposes.
(ii) Medical isotope.--The term ``medical
isotope'' means a radioactive or stable form of
an element that is either administered directly
into a patient, is combined with a carrier
molecule for diagnosis and treatment of
disease, is contained within a medical device
for diagnosis and treatment of disease, is used
in the production of these isotopes, or is used
primarily to sterilize medical devices or
pharmaceutical products.
(g) Exceptions.--
(1) Sanctions under this section shall not apply to--
(A) any activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.);
(B) any authorized intelligence activities of the
United States;
(C) 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
(D) 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.
(2) Exception relating to importation of goods.--A
requirement to block and prohibit all transactions in all
property and interests in property pursuant to sanctions under
this section shall not include the authority or a requirement
to impose sanctions on the importation of goods.
(3) Exception to comply with the united nations
headquarters agreement and law enforcement activities.--
Sanctions under this section shall not apply with respect to
the admission of an alien to the United States if admitting or
paroling the alien into the United States is necessary--
(A) 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 of the United
States; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(4) Humanitarian assistance.--Sanctions under this section
shall not apply with respect to--
(A) the conduct or facilitation of a transaction
for the provision of agricultural commodities, food,
medicine, medical devices, or humanitarian assistance,
or for humanitarian purposes; or
(B) transactions that are necessary for, or related
to, the activities described in subparagraph (A).
(5) Definitions.--In this subsection:
(A) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given such
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(B) Good.--The term ``good'' means any article,
natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
(C) Medical device.--The term ``medical device''
has the meaning given the term ``device'' in section
201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(D) Medicine.--The term ``medicine'' has the
meaning given the term ``drug'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(h) 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 section.
(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 this section to the same extent that such
penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(i) 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 this section.
(j) Sunset.--The authority to impose sanctions under this section
shall terminate on the date that is 7 years after the date of enactment
of this Act.
SEC. 5. CONGRESSIONAL OVERSIGHT OF CERTAIN SANCTIONS IMPOSED WITH
RESPECT TO THE RUSSIAN FEDERATION.
(a) In General.--Not later than 30 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 section 4(a) or is violating
or has violated a covered regulation, the President shall--
(1) determine if the person 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 the President imposed or
intends to impose sanctions with respect to such person.
(b) Covered Regulation Defined.--The term ``covered regulation''
means the following regulations as they are in effect on the date of
enactment of this Act--
(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. 6. STATEMENT OF POLICY REGARDING THE RUSSIA ``123 AGREEMENT'' AND
REQUIRED REPORT.
(a) Statement of Policy.--It is the policy of the United States
that any agreement entered into pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) should be in the national security
interest of the United States and advance non-proliferation principles
and the safe operation of nuclear reactors.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on 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), as well as the
manner and extent to which remaining in the agreement is beneficial to
the United States national security interest and non-proliferation
objectives.
(c) Contents of Report.--The report required by subsection (b)
shall include assessments and detailed descriptions of--
(1) the extent to which Rosatom, its subsidiaries or any
agent of the Russian Federation is contributing or has
contributed to the misuse of United States-origin or deemed
nuclear material within Zaporizhzhia Nuclear Power Plant;
(2) the extent to which Russia, through Rosatom and its
subsidiaries, is using or gaining any benefit of the proceeds
from sales or in-kind transfers related to Rosatom to fund
Russia's illegal occupation of Ukraine or other territory;
(3) the extent to which Russia has conducted any yield-
producing nuclear test in the 10-year period ending on the date
of the certification;
(4) the extent to which Rosatom's transfer of nuclear
materials and assistance to third countries contributes to any
such third-party country's nuclear weapons activity or illicit
nuclear activity;
(5) the extent to which Russia is transferring nuclear
material or nuclear weapons development 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;
(6) the extent to which Russia has met its obligations
under the Plutonium Management and Disposition Agreement;
(7) the extent to which Rosatom, its subsidiaries, or any
agent of the Russian federation is contributing to the People's
Republic of China's destabilizing and dangerous nuclear weapons
expansion;
(8) the extent to which Rosatom or its subsidiaries is
using funds received from commercial transactions to support,
both financially or materially, their contribution to the
nuclear weapons program of the Russian Federation; and
(9) the role 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)
plays in advancing United States national security and non-
proliferation objectives and any expected positive and negative
impacts were the United States to withdraw from such agreement.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs 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) 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.
(4) Rosatom.--The term ``Rosatom'' means the State Atomic
Energy Corporation Rosatom or any successor entity.
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