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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8197 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8197
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 HOUSE OF REPRESENTATIVES
May 1, 2024
Mr. Banks introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, and Oversight and Accountability, 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 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
``that--
``(A) use chemical'';
(3) by striking ``law or use'' and inserting ``law;
``(B) use''; and
(4) by striking ``nationals, and to impose'' and inserting
``nationals; or
``(C) commit an act concerning a chemical or
biological program that results in injury or damages to
another country;
``(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 heading, by striking the period and inserting
``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 has committed a covered
act, the President shall, not later than 60 days after
the receipt of such information by the President,
determine whether such individual committed a covered
act. The President shall impose the sanctions described
in section 310 with respect to an individual if the
President determines that such individual has committed
a covered act.'';
(B) in paragraph (2)--
(i) by striking ``In making the
determination under paragraph (1)'' and
inserting:
``(A) Considerations regarding chemical or
biological weapons.--In making the determination under
paragraph (1)(A)'';
(ii) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively, and by moving such redesignated
clauses 2 ems to the right; and
(iii) by adding at the end the following:
``(B) Considerations regarding chemical or
biological program.--In making a determination under
paragraph (1)(B), the President shall consider the
following:
``(i) Physical and circumstantial evidence
available relevant to the possibility that the
individual in question committed a covered act.
``(ii) Whether evidence exists that the
chemical or biological program associated with
such covered act has a civilian or military
purpose or application.
``(iii) Whether the foreign governmental
entity of which such individual was an
official, employee, or agent attempted to
conceal or withhold information regarding a
covered act from a relevant international
organization or a foreign country other than
the foreign country most closely associated
with such entity.
``(iv) Whether, and to what extent, the
foreign country most closely associated with
such entity is compliant with the obligations
of such country under a covered treaty.
``(v) Whether, and to what extent, such
entity has voluntarily disclosed substantive
information regarding such covered act to
relevant international organizations.''; and
(C) in paragraph (3)--
(i) by striking ``Upon'' and inserting the
following:
``(A) In general.--Upon'';
(ii) by striking ``If the determination''
and inserting the following:
``(B) Report requirements.--
``(i) Requirements for chemical or
biological weapons determination.--If the
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 under paragraph (1)(B) is that an
individual has committed a covered act, the
report shall specify the sanctions to be
imposed pursuant to section 310 of this
title.''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``whether a'' and inserting
``whether--
``(A) a''; and
(ii) by striking the period after
``nationals'' and inserting ``; or
``(B) a particular individual, on or after January
1, 2023, 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'' and
inserting ; ``whether--
``(i) the'';
(iii) by striking ``nationals. This
report'' and inserting ``nationals; or
``(ii) the specified individual, on or
after January 1, 2023, has committed a covered
act.
``(B) Report contents.--Each report provided under
this paragraph''; and
(iv) by striking ``subsection (a)(2)'' and
inserting ``subparagraphs (A) or (B) of
subsection (a)(2), as applicable''.
SEC. 4. SANCTIONS ON USE OF CHEMICAL OR BIOLOGICAL WEAPONS.
Section 307(a) of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5605) is amended by striking
``306(a)(1)'' and inserting ``306(a)(1)(A)''.
SEC. 5. 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 PROGRAM.
``(a) Initial Sanctions.--If the President makes a determination
pursuant to section 306(a)(1)(B) with respect to an individual, the
President shall, not later than 30 days of making such determination,
impose the following sanctions:
``(1) The United States Government shall suspend scientific
cooperative programs and agreements with the foreign country
most closely associated with the foreign governmental entity of
which such individual was an official, employee, or agent.
``(2) The President shall prohibit the export of goods,
services, and technologies classified under Category 1 or
Category 2 of the Commerce Control List to such foreign
country.
``(3) The United States Government may not procure, or
enter into a contract to procure, a good or service from a
person operating in the chemical or biological sectors of the
economy of such foreign 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, 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 of which such
individual was an official, employee, or agent or the
foreign country most closely associated with such
entity has adequately addressed the covered act that
was the basis for such determination;
``(B) such entity or such country has developed or
is developing measures to prevent a covered act;
``(C) such entity or such country has voluntarily
provided substantive information regarding such covered
act to the United States Government and relevant
international organizations; and
``(D) such country is compliant with the
obligations of such country under a covered treaty.
``(2) Sanctions required.--If the report described in
paragraph (1) states that an action described in any of
subparagraphs (A) through (D) of paragraph (1) has not been
taken, the President shall impose sanctions on the foreign
country most closely associated with the foreign governmental
entity of which such individual was an official, employee, or
agent not fewer than 2 of the following:
``(A) Termination of assistance provided to such
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) No sale of defense articles, defense
services, or design and construction services under the
Export Controls Act of 2018 (50 U.S.C. 4811 et seq.)
may be made to such country.
``(C) No license for export of an item listed in
the United States Munitions List (established pursuant
to section 38 of the Arms Export Control Act (22 U.S.C.
2778)) may be granted if such license includes such
country as a party.
``(D) No export of a good or technology controlled
because of the national security interests of the
United States under the Export Administration
Regulations may be made to such country, 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.).
``(3) Additional sanctions permitted.--The President may
order the United States Government not to issue a license nor
grant a specific permission or authority to export a good or
technology to a foreign country sanctioned under paragraph (2)
under--
``(A) the Export Controls Act of 2018 (50 U.S.C.
4811 et seq.);
``(B) the Anti-Boycott Act of 2018 (50 U.S.C. 4841
et seq.);
``(C) the Arms Export Control Act (22 U.S.C. 2751
et seq.);
``(D) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.); or
``(E) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport 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, 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 of which such
individual was an official, employee, or agent or the
foreign country most closely associated with such
entity has adequately addressed the covered act that
was the basis for such determination;
``(B) such entity or such country has developed or
is developing measures to prevent a covered act;
``(C) such entity or such country has voluntarily
provided substantive information regarding such covered
act to the United States Government and relevant
international organizations; and
``(D) such country is compliant with the
obligations of such country under a covered treaty.
``(2) Effect of determination.--If the report described in
paragraph (1) states that an action described in subparagraphs
(A) through (D) of paragraph (1) has not been taken by a
foreign governmental entity or a 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 such
country.
``(d) Removal of Sanctions.--The President shall remove each
sanction imposed on a foreign country pursuant to this section if, on
or after the date that is 12 months after the first date on which a
sanction was imposed on such country pursuant to this section, the
President certifies to Congress that--
``(1) such 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 has adequately addressed such act;
``(2) such country or such entity has developed or is
developing measures to prevent a covered act;
``(3) such country or such entity has voluntarily provided
substantive information regarding such covered act to the
United States Government and relevant international
organizations;
``(4) such country is compliant with the obligations of
such country under a covered treaty; and
``(5) such country or such entity has made or is making
restitution to persons harmed by the covered act that was the
basis of such sanctions, including United States nationals.
``(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 such 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) such individual knew or should have known
that such act would result in injury or damages to
another foreign country; and
``(B) such act concerns a chemical or biological
program that is owned, controlled, or directed by, or
subject to the jurisdiction of such foreign
governmental 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
Paris January 13, 1993, 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.
``(6) Foreign governmental entity.--The term `foreign
governmental entity' means--
``(A) a foreign country;
``(B) 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 foreign country;
``(E) an entity that acts on behalf of or as an
agent of a foreign country; and
``(F) an entity that--
``(i) receives significant material support
from a foreign country; and
``(ii) is engaged in--
``(I) the provision of commercial
services;
``(II) shipping;
``(III) manufacturing;
``(IV) producing; or
``(V) exporting.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Accountability, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Accountability, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Accountability, 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.
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