119-s63

[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) ''.
 <all>