[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 63 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 63
To amend the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 to impose sanctions on foreign countries in
response to acts concerning chemical or biological programs that cause
injury to other foreign countries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2025
Mr. Banks (for himself, Mr. Cotton, and Mr. Moreno) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To amend the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 to impose sanctions on foreign countries in
response to acts concerning chemical or biological programs that cause
injury to other foreign countries, 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 ``Countering Beijing's Weaponization
of Fentanyl Act'' or the ``CBW Fentanyl Act''.
SEC. 2. PURPOSES.
Section 302 of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5601) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) by striking ``that use chemical'' and inserting the
following: ``that--
``(A) use chemical'';
(3) by striking ``law or use'' and inserting the following:
``law;
``(B) use''; and
(4) by striking ``nationals, and to impose'' and inserting
the following: ``nationals; or
``(C) commit an act concerning a chemical or
biological program that results in injury or damages to
another country; and
``(2) to impose''.
SEC. 3. PRESIDENTIAL REPORTING REQUIREMENTS.
Section 306 of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5604) is amended--
(1) in the section heading, by inserting before the period
the following: ``or acts concerning a chemical or biological
program'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Whenever'' and inserting
the following:
``(A) Determination regarding chemical or
biological weapons.--Whenever''; and
(ii) by adding at the end the following:
``(B) Determination regarding chemical or
biological program.--Whenever credible information
becomes available to the President indicating a
substantial possibility that, on or after the date of
the enactment of the Countering Beijing's Weaponization
of Fentanyl Act, an individual who is an official,
employee, or agent of a foreign governmental entity has
committed a covered act, the President shall, not later
than 60 days after the receipt of that information by
the President, determine whether the individual
committed a covered act. The President shall impose the
sanctions described in section 310 with respect to the
individual if the President determines that the
individual has committed a covered act.'';
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively, and by moving such clauses, as so
redesignated, 2 ems to the right; and
(ii) by striking ``In making the
determination under paragraph (1)'' and
inserting the following:
``(A) Considerations regarding chemical or
biological weapons.--In making the determination under
paragraph (1)(A)''; and
(iii) by adding at the end the following:
``(B) Considerations regarding chemical or
biological program.--In making a determination under
paragraph (1)(B) with respect to whether an individual
who is an official, employee, or agent of a foreign
governmental entity has committed a covered act, the
President shall consider the following:
``(i) Physical and circumstantial evidence
available relevant to the possibility that the
individual committed a covered act.
``(ii) Whether evidence exists that the
chemical or biological program associated with
the covered act has a civilian or military
purpose or application.
``(iii) Whether the foreign governmental
entity attempted to conceal or withhold
information regarding the covered act from a
relevant international organization or the
government of a foreign country other than the
foreign country most closely associated with
the entity.
``(iv) Whether, and to what extent, the
foreign governmental entity and the government
of the foreign country most closely associated
with the foreign governmental entity have
voluntarily disclosed substantive information
regarding the covered act to relevant
international organizations.
``(v) Whether, and to what extent, the
government of that country is compliant with
the obligations of the country under each
covered treaty.''; and
(C) in paragraph (3)--
(i) by striking ``Upon'' and inserting the
following:
``(A) In general.--Upon'';
(ii) by striking ``If the determination
is'' and inserting the following:
``(B) Report requirements.--
``(i) Requirements for chemical or
biological weapons determination.--If the
determination is a determination under
paragraph (1)(A)''; and
(iii) by adding at the end the following:
``(ii) Requirements for chemical or
biological program determination.--If the
determination is a determination under
paragraph (1)(B) that an individual has
committed a covered act, the report shall
specify the sanctions to be imposed pursuant to
section 310.''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``whether a particular''
and inserting the following: ``whether--
``(A) a particular''; and
(ii) by striking the period and inserting
the following: ``; or
``(B) a particular individual, on or after the date
of the enactment of the Countering Beijing's
Weaponization of Fentanyl Act, has committed a covered
act.''; and
(B) in paragraph (2)--
(i) by striking ``Not later'' and inserting
the following:
``(A) In general.--Not later'';
(ii) by striking ``whether the specified''
and inserting the following: ``whether--
``(i) the specified'';
(iii) by striking ``nationals. This
report'' and inserting the following:
``nationals; or
``(ii) the specified individual, on or
after the date of the enactment of the
Countering Beijing's Weaponization of Fentanyl
Act, has committed a covered act.
``(B) Report contents.--Each report provided under
this paragraph''; and
(iv) by striking ``subsection (a)(2)'' and
inserting ``subparagraph (A) or (B) of
subsection (a)(2), as applicable''.
SEC. 4. REQUIRED SANCTIONS ON FOREIGN COUNTRIES IN RESPONSE TO CERTAIN
ACTS CONCERNING CHEMICAL OR BIOLOGICAL PROGRAM.
The Chemical and Biological Weapons Control and Warfare Elimination
Act of 1991 (22 U.S.C. 5601 et seq.) is amended by adding at the end
the following:
``SEC. 310. SANCTIONS ON FOREIGN COUNTRIES IN RESPONSE TO ACTS
CONCERNING CHEMICAL OR BIOLOGICAL PROGRAMS.
``(a) Initial Sanctions.--If the President makes a determination
pursuant to section 306(a)(1)(B) with respect to an individual who is
an official, employee, or agent of a foreign governmental entity, the
President shall, not later than 30 days of making the determination,
impose the following sanctions with respect to the foreign country most
closely associated with that entity:
``(1) Suspension of all scientific cooperative programs and
agreements between the United States and that country.
``(2) A prohibition on the export, reexport, or in-country
transfer of items classified under Category 1 or Category 2 of
the Commerce Control List to or in that country.
``(3) A prohibition on the procurement of, or entry into a
contract to procure, a good or service from a person operating
in the chemical or biological sectors of the economy of that
country.
``(b) Intermediate Application of Sanctions.--
``(1) Report to congress.--Not later than 120 days after
making a determination pursuant to section 306(a)(1)(B) with
respect to an individual who is an official, employee, or agent
of a foreign governmental entity, the President shall submit to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that states whether--
``(A) the foreign governmental entity or the
government of the foreign country most closely
associated with that entity--
``(i) has adequately addressed the covered
act that was the basis for the determination;
``(ii) has voluntarily provided substantive
information regarding the covered act to the
United States Government and relevant
international organizations; and
``(iii) has developed or is developing
measures to prevent the commission of covered
acts in the future; and
``(B) the government of that country is compliant
with the obligations of the country under each covered
treaty.
``(2) Sanctions required.--If the report required by
paragraph (1) states that any action described in paragraph (1)
has not been taken by the foreign governmental entity or the
government of the foreign country, as applicable, the President
shall impose not fewer than 2 of the following sanctions with
respect to the foreign country:
``(A) Termination of assistance provided to the
country pursuant to the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), except for urgent
humanitarian assistance, food, or other agricultural
commodities or products.
``(B) A prohibition on the export, reexport, or in-
country transfer of items controlled under the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) to
or in the country, including items controlled for
reasons related to the national security interests of
the United States under the Export Administration
Regulations, except that such prohibition shall not
apply to a transaction subject to the reporting
requirements of title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
``(C) A prohibition on the issuance of a license
for the export, reexport, or retransfer of an item on
the United States Munitions List (established pursuant
to section 38 of the Arms Export Control Act (22 U.S.C.
2778)) if the license includes the country as a party.
``(3) Additional sanctions authorized.--
``(A) In general.--The President may order the
United States Government not to issue a license or
grant a specific permission or authority under a
provision of law described in subparagraph (B) to
export a good or service to a foreign country subject
to sanctions imposed under paragraph (2).
``(B) Provisions of law described.--The provisions
of law described in this subparagraph are the
following:
``(i) The Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.).
``(ii) The Arms Export Control Act (22
U.S.C. 2751 et seq.).
``(iii) The Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
``(iv) Any other statute that requires the
prior review and approval of the United States
Government as a condition for the export of
goods or services.
``(c) Final Application of Sanctions.--
``(1) Presidential determination.--Not later than 210 days
after making a determination pursuant to section 306(a)(1)(B)
with respect to an individual who is an official, employee, or
agent of a foreign governmental entity, the President shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that states whether--
``(A) the foreign governmental entity or the
government of the foreign country most closely
associated with that entity--
``(i) has adequately addressed the covered
act that was the basis for the determination;
``(ii) has voluntarily provided substantive
information regarding the covered act to the
United States Government and relevant
international organizations; and
``(iii) has developed or is developing
measures to prevent the commission of covered
acts in the future; and
``(B) the government of the country is compliant
with the obligations of the country under each covered
treaty.
``(2) Effect of determination.--If the report required by
paragraph (1) states that any action described in paragraph (1)
has not been taken by the foreign governmental entity or the
government of the foreign country, as applicable, the President
shall prohibit any transaction that--
``(A) is--
``(i) in foreign commerce; or
``(ii) a transfer of credit or payment by,
through, or to a financial institution;
``(B) is subject to the jurisdiction of the United
States; and
``(C) involves a financial interest of the country.
``(d) Termination of Sanctions.--The President shall terminate each
sanction imposed with respect to a foreign country pursuant to this
section if, on or after the date that is 1 year after the first date on
which the sanction was imposed, the President certifies to Congress
that--
``(1) the government of the country, or the foreign
governmental entity of which the individual who committed the
covered act that was the basis for the imposition of such
sanctions was an official, employee, or agent--
``(A) has adequately addressed the act;
``(B) has made or is making restitution to persons
harmed by the covered act, including United States
nationals;
``(C) has voluntarily provided substantive
information regarding the covered act to the United
States Government and relevant international
organizations; and
``(D) has developed or is developing measures to
prevent the commission of covered acts in the future;
and
``(2) the government of the country is compliant with the
obligations of the country under each covered treaty.
``(e) Waiver.--
``(1) In general.--The President may, for periods of not
more than 180 days, waive the imposition of sanctions required
under this section if the President certifies to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate that the waiver is
vital to the national security interests of the United States.
``(2) Sunset.--The President may not exercise the authority
described in paragraph (1) on or after the date that is 5 years
after the date of the enactment of the Countering Beijing's
Weaponization of Fentanyl Act.
``SEC. 311. DEFINITIONS.
``In this title:
``(1) Chemical or biological program.--The term `chemical
or biological program' means a program to produce, develop, or
distribute--
``(A) a chemical or biological weapon;
``(B) benzylfentanyl;
``(C) 4-anilinopiperidine; or
``(D) norfentanyl precursors.
``(2) Commerce control list.--The term `Commerce Control
List' means the list maintained by the Bureau of Industry and
Security of the Department of Commerce and set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations.
``(3) Covered act.--The term `covered act' means an act by
an individual who is an official, employee, or agent of a
foreign governmental entity, if--
``(A) the individual knew or should have known that
the act would result in injury or damages to a foreign
country other than the foreign country most closely
associated with that entity; and
``(B) the act concerns a chemical or biological
program that is owned, controlled, or directed by, or
subject to the jurisdiction of, that entity.
``(4) Covered treaty.--The term `covered treaty' means--
``(A) the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological and Toxin Weapons and on their
Destruction, done at Washington, London, and Moscow,
April 10, 1972 (commonly referred to as the `Biological
Weapons Convention'); and
``(B) the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, done at
Geneva September 3, 1992, and entered into force April
29, 1997 (commonly referred to as the `Chemical Weapons
Convention').
``(5) Export administration regulations.--The term `Export
Administration Regulations' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations (or successor regulations).
``(6) Foreign governmental entity.--The term `foreign
governmental entity' means--
``(A) the government of a foreign country;
``(B) the government of a political subdivision of
a foreign country;
``(C) an agency or instrumentality of a foreign
state, as such term is defined in section 1603(b) of
title 28, United States Code;
``(D) an entity that is directly or indirectly
controlled or beneficially owned by a government
described in subparagraph (A) or (B);
``(E) an entity that acts on behalf of or as an
agent of such a government; or
``(F) an entity that--
``(i) receives significant material support
from a such a government; and
``(ii) is engaged in--
``(I) the provision of commercial
services;
``(II) shipping;
``(III) manufacturing;
``(IV) producing; or
``(V) exporting.''.
SEC. 5. CONFORMING AMENDMENT.
Section 307(a) of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5605(a)) is amended, in the
matter preceding paragraph (1), by striking ``section 306(a)(1)'' and
inserting ``section 306(a)(1)(A)''.
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