H.R. 8106 — RESCUE Act

This section declares it to be the policy of the United States (1) to end reliance on the nuclear energy sector of the Russian Federation, including State Atomic Energy Corporation Rosatom (Rosatom), due to Russia's war of aggression against Ukraine; (2) to work with allies and partners to identify alternative nuclear energy suppliers and end their reliance on Rosatom; (3) to limit the Russian government's revenue from Rosatom through sanctions and export controls; and (4) to inhibit Russia from using Rosatom as a tool of malign influence internationally.

This section directs the President to submit to the appropriate congressional committees, not later than 180 days after enactment of this Act and annually thereafter for four years, a strategy to (1) work with U.S. allies and partners to identify alternative nuclear energy suppliers to Russia, end their reliance on Rosatom, permanently decouple the United States from the Russian nuclear energy industry, and replace Rosatom as the primary provider of reactor safety, operation, and overhaul services for existing Rosatom- and Russian Federation-designed nuclear reactors; (2) identify key vulnerabilities in allies' and partners' infrastructure and nuclear energy supply chains related to Rosatom or its subsidiaries; (3) describe consultations with allies and partners on implementing sanctions under sections 4 and 5; (4) describe proposed U.S. and allied assistance to the International Atomic Energy Agency's international low-enriched uranium fuel bank in Kazakhstan; and (5) describe feasible U.S. efforts to prevent sanctioned foreign persons, including financial institutions, from evading sanctions by routing Russian nuclear materials through third-party vendors or entrepots. The strategy must be submitted in unclassified form but may include a classified annex.

This section requires the President, beginning 180 days after enactment, to impose blocking sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)—prohibiting all transactions in property and interests in property of designated persons that are in the United States or within U.S. person control—on (1) foreign persons determined to operate in Russia's nuclear energy sector and owned or controlled by the Russian government (i.e., Rosatom); (2) foreign persons that knowingly engage after enactment in approving or entering contracts, significant transactions related to construction, or providing construction-related services for new nuclear reactors intended to be constructed, operated, serviced, or maintained by entities described in (1); and (3) foreign persons owned, controlled, or directed by those described in (1) or (2). The section further authorizes the President to prohibit or impose strict conditions on U.S. correspondent or payable-through accounts of foreign financial institutions that knowingly facilitate such sanctioned activities after enactment. The section allows the President to terminate sanctions on persons described in paragraph (1) upon certifying to congressional committees that Russia has ceased hostilities in Ukraine and met specified conditions related to nuclear materials, arms control, and nonproliferation; to exempt persons described in paragraphs (2) or (3) who take verifiable steps to cease such activities or provide reliable assurances against reengagement; and to waive sanctions on a case-by-case basis for up to 180 days (renewable) if vital to U.S. national security or, for up to one year (renewable up to seven years), for transactions necessary to produce medical or industrial isotopes when U.S. production is insufficient.

This section directs the President, not later than 30 days after receiving a request from the chairman and ranking member of an appropriate congressional committee, to determine whether a specified foreign person meets the criteria under section 4(a) or has violated a covered regulation—part 587 (Russia Harmful Foreign Activities Sanctions Regulations) or part 589 (Ukraine/Russia-Related Sanctions Regulations), title 31, Code of Federal Regulations—and to submit a classified or unclassified report on that determination, including whether sanctions have been or will be imposed on the person.

This section declares it U.S. policy that any agreement for cooperation under section 123 of the Atomic Energy Act (42 U.S.C. 2153)—commonly known as a "123 agreement" for peaceful nuclear cooperation between the United States and another country—must serve the national security interests of the United States and advance nonproliferation principles and safe nuclear reactor operations. The section also requires the Secretary of State to submit to the appropriate congressional committees, not later than 90 days after enactment, a report assessing the U.S.-Russia 123 Agreement signed on January 11, 2011—including the extent to which remaining in the agreement benefits U.S. national security and nonproliferation objectives—and providing detailed assessments of (1) Rosatom's contributions to misuse of U.S.-origin nuclear material at the Zaporizhzhia Nuclear Power Plant; (2) Russia's use of Rosatom proceeds to fund its occupation of Ukraine; (3) any Russian yield-producing nuclear tests in the prior 10 years; (4) Rosatom transfers contributing to third countries' nuclear weapons or illicit activities; (5) Russian nuclear transfers to countries facing IAEA investigations or that have withdrawn from the Nuclear Non-Proliferation Treaty; (6) Russia's compliance with the Plutonium Management and Disposition Agreement; (7) Rosatom contributions to China's nuclear weapons expansion; (8) Rosatom's use of commercial funds for Russia's nuclear weapons program; and (9) the agreement's role in U.S. objectives and impacts of potential U.S. withdrawal.

This section establishes definitions for purposes of the Act, including (1) appropriate congressional committees as the House Committees on Foreign Affairs and Financial Services and the Senate Committees on Foreign Relations and Banking, Housing, and Urban Affairs; (2) foreign person as an individual who is not a U.S. citizen or lawful permanent resident or an entity that is not a U.S. person; (3) United States person as a U.S. citizen or lawful permanent resident, an entity organized under U.S. laws (including a foreign branch), or a person in the United States; and (4) Rosatom as the State Atomic Energy Corporation Rosatom or any successor entity.