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[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>
```