Sanction Russian Nuclear Safety Violators Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3246 To authorize the imposition of sanctions with respect to any foreign person endangering the integrity or safety of the Zaporzhzhia nuclear power plant. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. MEEKS (for himself, Mr. KEATING, Ms. WILD, Mr. ALLRED, Mr. PAL- LONE, Ms. KAPTUR, Mr. COHEN, Mr. BOYLE of Pennsylvania, and Mr. GALLEGO) introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committee on the Judi- ciary, 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sanction Russian Nu- 4 clear Safety Violators Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3246 IH (1) On February 24, 2022, the Government of 1 the Russian Federation, led by Vladimir Putin, 2 launched an unprovoked, full-scale invasion of 3 Ukraine. 4 (2) Russian forces have illegally occupied the 5 Zaporzhzhia nuclear power plant, the largest nuclear 6 power plant in Europe, and have placed Russian 7 military equipment within the power plant. 8 (3) Officials from the Russian Federations 9 State Atomic Energy Corporation ‘‘Rosatom’’ have 10 been present at the plant since March 2022 and 11 have requested information on confidential issues re- 12 garding the plant’s operations. 13 (4) The International Atomic Energy Associa- 14 tion ‘‘IAEA’’ has stated that the presence of 15 Rosatom officials is a significant safety concern and 16 could lead to technical interference in the plant’s op- 17 erations, and has found that the power plant has 18 structural damage in places due to shelling caused 19 by Russia’s invasion of Ukraine. 20 (5) The Director General has stated that failing 21 to demilitarize the Zaporzhzhia nuclear power plant 22 is ‘‘playing with fire’’. 23 (6) In May 2023, Russia evacuated citizens 24 from the region around Zaporizhzhia, including per- 25 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3246 IH sonnel who operate the plant, further exacerbating 1 concerns about the plant’s stability and safety. 2 SEC. 3. SANCTIONS. 3 (a) IN GENERAL.—The President shall impose sanc- 4 tions described in subsection (b) with respect to any for- 5 eign person has endangered the integrity, safety, or under- 6 mined Ukrainian operational control of the Zaporzhzhia 7 Nuclear Power Station located in southeastern Ukraine 8 since the Russian Federation launched an unprovoked, 9 full-scale invasion of Ukraine. 10 (b) SANCTIONS DESCRIBED.—The sanctions de- 11 scribed in this subsection are the following: 12 (1) ASSET BLOCKING.—Notwithstanding the re- 13 quirements of section 202 of the International 14 Emergency Economic Powers Act (50 U.S.C. 1701), 15 the President may exercise of all powers granted to 16 the President by that Act to the extent necessary to 17 block and prohibit all transactions in all property 18 and interests in property of the foreign person if 19 such property and interests in property are in the 20 United States, come within the United States, or are 21 or come within the possession or control of a United 22 States person. 23 (2) VISAS, ADMISSION, OR PAROLE.— 24 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3246 IH (A) IN GENERAL.—An alien who the Sec- 1 retary of State or the Secretary of Homeland 2 Security (or a designee of one of such Secre- 3 taries) knows, or has reason to believe, is de- 4 scribed in subsection (a) is— 5 (i) inadmissible to the United States; 6 (ii) ineligible for a visa or other docu- 7 mentation to enter the United States; and 8 (iii) otherwise ineligible to be admitted 9 or paroled into the United States or to re- 10 ceive any other benefit under the Immigra- 11 tion and Nationality Act (8 U.S.C. 1101 et 12 seq.). 13 (B) CURRENT VISAS REVOKED.— 14 (i) IN GENERAL.—The issuing con- 15 sular officer, the Secretary of State, or the 16 Secretary of Homeland Security (or a des- 17 ignee of one of such Secretaries) shall, in 18 accordance with section 221(i) of the Im- 19 migration and Nationality Act (8 U.S.C. 20 1201(i)), revoke any visa or other entry 21 documentation issued to an alien described 22 in subparagraph (A) regardless of when 23 the visa or other entry documentation is 24 issued. 25 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3246 IH (ii) EFFECT OF REVOCATION.—A rev- 1 ocation under clause (i)— 2 (I) shall take effect immediately; 3 and 4 (II) shall automatically cancel 5 any other valid visa or entry docu- 6 mentation that is in the alien’s pos- 7 session. 8 (c) EXCEPTIONS.— 9 (1) EXCEPTION TO COMPLY WITH INTER- 10 NATIONAL OBLIGATIONS.—Sanctions under sub- 11 section (b)(2) shall not apply with respect to the ad- 12 mission of an alien if admitting or paroling the alien 13 into the United States is necessary to permit the 14 United States to comply with the Agreement regard- 15 ing the Headquarters of the United Nations, signed 16 at Lake Success June 26, 1947, and entered into 17 force November 21, 1947, between the United Na- 18 tions and the United States, or other applicable 19 international obligations. 20 (2) EXCEPTION RELATING TO THE PROVISION 21 OF HUMANITARIAN ASSISTANCE.—Sanctions under 22 this section may not be imposed with respect to 23 transactions or the facilitation of transactions for— 24 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3246 IH (A) the sale of agricultural commodities, 1 food, medicine, or medical devices; 2 (B) the provision of humanitarian assist- 3 ance; 4 (C) financial transactions relating to hu- 5 manitarian assistance; or 6 (D) transporting goods or services that are 7 necessary to carry out operations relating to 8 humanitarian assistance. 9 (3) EXCEPTION RELATED TO UKRAINIAN OPER- 10 ATIONAL CONTROL.—Sanctions under this section 11 shall not apply to any foreign person seeking to rees- 12 tablish Ukrainian operational control of the 13 Zaporizhzhia Nuclear Power Station or the sur- 14 rounding region. 15 (d) IMPLEMENTATION; PENALTIES.— 16 (1) IMPLEMENTATION.—The President may ex- 17 ercise all authorities provided to the President under 18 sections 203 and 205 of the International Emer- 19 gency Economic Powers Act (50 U.S.C. 1702 and 20 1704) to carry out this subtitle. 21 (2) PENALTIES.—The penalties provided for in 22 subsections (b) and (c) of section 206 of the Inter- 23 national Emergency Economic Powers Act (50 24 U.S.C. 1705) shall apply to a person that violates, 25 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3246 IH attempts to violate, conspires to violate, or causes a 1 violation of regulations promulgated under section 2 403(b) to carry out paragraph (1)(A) to the same 3 extent that such penalties apply to a person that 4 commits an unlawful act described in section 206(a) 5 of that Act. 6 (e) WAIVER.—The President may waive the applica- 7 tion of sanctions imposed with respect to a foreign person 8 under this section if the President certifies to the appro- 9 priate congressional committees not later than 15 days be- 10 fore such waiver is to take effect that the waiver is vital 11 to the national security interests of the United States. 12 (f) DEFINITIONS.—In this section— 13 (1) the term ‘‘appropriate congressional com- 14 mittees’’ means the Committee on Foreign Affairs of 15 the House of Representatives and the Committee on 16 Foreign Relations of the Senate; 17 (2) the term ‘‘foreign person’’ means an indi- 18 vidual or entity that is not a United States person; 19 (3) the term ‘‘United States person’’ means— 20 (A) a United States citizen; 21 (B) a permanent resident alien of the 22 United States; 23 (C) an entity organized under the laws of 24 the United States or of any jurisdiction within 25 VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3246 IH the United States, including a foreign branch of 1 such an entity; or 2 (D) a person in the United States. 3 Æ VerDate Sep 11 2014 07:27 May 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3246.IH H3246 kjohnson on DSK79L0C42PROD with BILLS