H.R. 8106

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8106 Introduced in House (IH)]

<DOC>

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.
<all>