I 
117TH CONGRESS 
1ST SESSION H. R. 5046 
To amend the Chemical and Biological Weapons Control and Warfare Elimi-
nation Act of 1991 to impose sanctions against governments of foreign 
states that engage in an act or acts of gross negligence with respect 
to state owned, operated, or directed chemical or biological programs. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 17, 2021 
Mr. FEENSTRA introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Finan-
cial Services, and Oversight and Reform, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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 sanc-
tions against governments of foreign states that engage 
in an act or acts of gross negligence with respect to 
state owned, operated, or directed chemical or biological 
programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Holding Countries Ac-
countable for Negligent Chemical and Biological Programs 
Act’’. 
SEC. 2. STATEMENT OF POLICY. 
It shall be the policy of the United States to impose 
sanctions against governments of foreign states, and take 
other measures if the governments of such foreign states 
that engage in an act or acts of gross negligence with re-
spect to state owned, operated, or directed chemical or bio-
logical programs. 
SEC. 3. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL 
WEAPONS CONTROL AND WARFARE ELIMI-
NATION ACT OF 1991. 
(a) PURPOSES AND DEFINITIONS.—Section 502 of 
the Chemical and Biological Weapons Control and War-
fare Elimination Act of 1991 (22 U.S.C. 5601) is amend-
ed— 
(1) in the section heading, by adding at the end 
before the period the following: ‘‘AND
DEFINI-
TIONS’’; 
(2) by striking ‘‘The purposes’’ and inserting 
‘‘(a) PURPOSES.—The purposes’’; 
(3) in paragraph (1)— 
(A) by striking ‘‘or use’’ and insert ‘‘use’’; 
and 
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(B) by inserting ‘‘, or engage in an act or 
acts of gross negligence with respect to a chem-
ical or biological program owned, controlled, or 
directed by, or subject to the jurisdiction of the 
government of a foreign state’’ after ‘‘nation-
als’’; and 
(4) by adding at the end the following: 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) GROSS
NEGLIGENCE.—The term ‘gross 
negligence’, with respect to an act or acts of a gov-
ernment of a foreign state, includes the government 
knew, or should have known, the act or acts would 
result in injury or damages to another foreign state 
or other such foreign states. 
‘‘(2) FOREIGN
STATE.—The term ‘foreign 
state’— 
‘‘(A)(i) has the meaning given that term in 
subsection (a) of section 1603 of title 28, 
United States Code; and 
‘‘(ii) includes an ‘agency or instrumentality 
of a foreign state’ as that term is defined in 
subsection (b) of such section; and 
‘‘(B) includes an entity that is— 
‘‘(i)(I) directly or indirectly owned, 
controlled, or beneficially owned by, or in 
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an official or unofficial capacity acting as 
an agent of or on behalf of, the govern-
ment of a foreign state; or 
‘‘(II) received significant material 
support from the government of a foreign 
state; and 
‘‘(ii) engaged in providing commercial 
services, shipping, manufacturing, pro-
ducing, or exporting.’’. 
(b) DETERMINATIONS REGARDING USE OF CHEM-
ICAL
OR BIOLOGICAL WEAPONS.—Section 506 of the 
Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 (22 U.S.C. 5604) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (3) as 
paragraph (4); 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) ADDITIONAL
DETERMINATION
BY
THE 
PRESIDENT.— 
‘‘(A) WHEN
DETERMINATION
REQUIRED; 
NATURE OF DETERMINATION.—Whenever cred-
ible information becomes available to the execu-
tive branch indicating a substantial possibility 
that, on or after January 1, 2020, the govern-
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ject to the jurisdiction of the government 
of a foreign state. 
‘‘(ii) Whether evidence exists that 
such program or programs have civilian 
and military purposes or applications. 
‘‘(iii) Whether the government in 
question attempted to conceal or otherwise 
withhold information from other govern-
ments or international organizations re-
garding an act or acts of gross negligence. 
‘‘(iv) Whether, and to what extent, 
the government in question is compliant 
with its obligations under the Biological 
and Toxin Weapons Convention or Conven-
tion on the Prohibition of the Develop-
ment, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruc-
tion, as applicable. 
‘‘(v) Whether, and to what extent, the 
government in question is providing or oth-
erwise voluntarily disclosing substantive in-
formation to relevant international organi-
zations.’’; and 
(C) in paragraph (4) (as redesignated)— 
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(i) in the first sentence, by inserting 
‘‘or (3)’’ after ‘‘paragraph (1)’’; 
(ii) in the second sentence, by insert-
ing ‘‘under paragraph (1)’’ after ‘‘deter-
mination’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘If the determination under para-
graph (3) is that a foreign government had 
engaged in an act or acts of gross neg-
ligence with respect to a chemical or bio-
logical program owned, controlled, or di-
rected by, or subject to the jurisdiction of 
the government of a foreign state, the re-
port shall specify the sanctions to be im-
posed pursuant to section 507A.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘whether a particular 
foreign government’’ and inserting the fol-
lowing: ‘‘whether— 
‘‘(A) a particular foreign government’’; 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(B) a particular foreign government, on 
or after January 1, 2020, has engaged in an 
act of acts of gross negligence with respect to 
a chemical or biological program owned, con-
trolled, or directed by, or subject to the jurisdic-
tion of the government of a foreign state.’’; and 
(B) in paragraph (2)— 
(i) in the first sentence— 
(I) by striking ‘‘whether the spec-
ified government’’ and inserting the 
following: ‘‘whether— 
‘‘(A) the specified government’’; 
(II) by striking the period at the 
end and inserting ‘‘; or’’; and 
(III) by adding at the end the 
following: 
‘‘(B) the specified government, on or after 
January 1, 2020, has engaged in an act or acts 
of gross negligence with respect to a chemical 
or biological program owned, controlled, or di-
rected by, or subject to the jurisdiction of the 
government of a foreign state.’’; and 
(ii) in the second sentence— 
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(I) by inserting ‘‘or (3)(B), as 
applicable’’ after ‘‘subsection (a)(2)’’; 
and 
(II) by moving the margin of the 
second sentence so it has the same 
level of indentation as margin of the 
matter preceding subparagraph (A) of 
the first sentence. 
(c) SANCTIONS AGAINST FOREIGN STATES WITH RE-
SPECT TO CHEMICAL OR BIOLOGICAL PROGRAMS.—The 
Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is 
amended by inserting after section 507 the following: 
‘‘SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH 
RESPECT TO CHEMICAL OR BIOLOGICAL 
PROGRAMS. 
‘‘(a) INITIAL SANCTIONS.— 
‘‘(1) IN GENERAL.—If the President makes a 
determination pursuant to section 506(a)(3) with re-
spect to the government of a foreign state, the Presi-
dent shall, within 30 days of making such deter-
mination, impose the sanctions described in para-
graph (2) with respect to the foreign state. 
‘‘(2) SANCTIONS
DESCRIBED.—The sanctions 
described in this paragraph are the following: 
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‘‘(A) The United States Government shall 
suspend all scientific cooperative programs and 
efforts with the government of the foreign state. 
‘‘(B) The President shall prohibit the ex-
port to the foreign state of any goods, services 
or technology under Category 1 and Category 2 
of the Commerce Control List. 
‘‘(C) The United States Government may 
not procure, or enter into any contract for the 
procurement of, any goods or services from any 
person operating in the chemical or biological 
sectors of the foreign state. 
‘‘(b) INTERMEDIATE APPLICATION OF SANCTIONS.— 
‘‘(1) DETERMINATION.—Not later than 120 
days after making a determination pursuant to sec-
tion 506(a)(3) with respect to a government of a for-
eign state, the President shall submit to the appro-
priate congressional committees a determination as 
to whether— 
‘‘(A) such government has adequately ad-
dressed an act an act or acts of gross neg-
ligence with respect to a chemical or biological 
program owned, controlled, or directed by, or 
subject to the jurisdiction of the government of 
a foreign state; 
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‘‘(B) such government has developed or is 
developing necessary measures to prevent any 
future act or acts of gross negligence; 
‘‘(C) such government is providing or oth-
erwise voluntarily disclosing substantive infor-
mation to the United States and relevant inter-
national organizations; and 
‘‘(D) such government is compliant with 
its obligations under the Biological and Toxin 
Weapons Convention or the Convention on the 
Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and 
on their Destruction, as applicable. 
‘‘(2) EFFECT
OF
DETERMINATION.—If the 
President is unable to certify that a government of 
a foreign state has taken the actions described in 
subparagraphs (A), (B), (C), and (D) of paragraph 
(1), the President shall impose 2 or more of the 
sanctions described in paragraph (3) with respect to 
the government of the foreign state. 
‘‘(3) SANCTIONS
DESCRIBED.—The sanctions 
described in this paragraph are the following: 
‘‘(A) The United States Government shall 
terminate assistance to the government of the 
foreign state under the Foreign Assistance Act 
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of 1961 (22 U.S.C. 2151 et seq.), except for ur-
gent humanitarian assistance and food or other 
agricultural commodities or products. 
‘‘(B) No sales of any defense articles, de-
fense services, or design and construction serv-
ices under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) may be made to the gov-
ernment of the foreign state. 
‘‘(C) No licenses for export of any item on 
the United States Munitions List that include 
the government of the foreign state as a party 
to the license may be granted. 
‘‘(D) No exports of any goods or tech-
nologies controlled for national security reasons 
under the Export Administration Regulations 
may be made to the government of the foreign 
state, except that such prohibition shall not 
apply to any transaction subject to the report-
ing requirements of title V of the National Se-
curity Act of 1947 (50 U.S.C. 413 et seq.; re-
lating to congressional oversight of intelligence 
activities). 
‘‘(E) The President may order the United 
States Government not to issue any specific li-
cense and not to grant any other specific per-
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mission or authority to export any goods or 
technology to the government of the foreign 
state under— 
‘‘(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.); or 
‘‘(iv) 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 serv-
ices. 
‘‘(c) FINAL APPLICATION OF SANCTIONS.— 
‘‘(1) DETERMINATION.—Not later than 210 
days after making a determination pursuant to sec-
tion 506(a)(3) with respect to a government of a for-
eign state, the President shall submit to the appro-
priate congressional committees a determination as 
to whether the government of the foreign state has 
taken the actions described in subparagraphs (A), 
(B), (C), and (D) of subsection (b)(1). 
‘‘(2) EFFECT
OF
DETERMINATION.—If the 
President is unable to certify that a government of 
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a foreign state has taken the actions described in 
subparagraphs (A), (B), (C), and (D) of subsection 
(b)(1), the President shall impose the sanctions de-
scribed in paragraph (3) with respect to the govern-
ment of the foreign state. 
‘‘(3) SANCTIONS.—The sanctions described in 
this paragraph are the following: 
‘‘(A) The President shall, pursuant to such 
regulations as the President may prescribe, pro-
hibit any transactions in foreign exchange that 
are subject to the jurisdiction of the United 
States and in which the government of the for-
eign state has any interest. 
‘‘(B) The President shall, pursuant to such 
regulations as the President may prescribe, pro-
hibit any transfers of credit or payments be-
tween one or more financial institutions or by, 
through, or to any financial institution, to the 
extent that such transfers or payments are sub-
ject to the jurisdiction of the United States and 
involve any interest of the government of the 
foreign state. 
‘‘(d) REMOVAL OF SANCTIONS.—The President shall 
remove the sanctions imposed with respect to the govern-
ment of a foreign state pursuant to this section if the 
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President determines and so certifies to the Congress, 
after the end of the 12-month period beginning on the date 
on which sanctions were initially imposed on that govern-
ment of a foreign state pursuant to subsection (a), that— 
‘‘(1) such government has adequately addressed 
an act an act or acts of gross negligence with re-
spect to a chemical or biological program owned, 
controlled, or directed by, or subject to the jurisdic-
tion of the government of a foreign state; 
‘‘(2) such government has developed or is devel-
oping necessary measures to prevent any future act 
or acts of gross negligence; 
‘‘(3) such government is providing or otherwise 
voluntarily disclosing substantive information to the 
United States and relevant international organiza-
tions; and 
‘‘(4) such government is compliant with its obli-
gations under the Biological and Toxin Weapons 
Convention or Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruction, as ap-
plicable; and 
‘‘(5) such government is making restitution to 
those affected by an act or acts of gross negligence 
with respect to a chemical or biological program 
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owned, controlled, or directed by, or subject to the 
jurisdiction of the government of a foreign state, in-
cluding United States persons. 
‘‘(e) WAIVER.— 
‘‘(1) IN GENERAL.—The President may, for pe-
riods not to exceed 180 days, waive the imposition 
of sanctions under this section if the President cer-
tifies to the appropriate congressional committees 
that such waiver is vital to the national security in-
terests of the United States. 
‘‘(2) SUNSET.—The President may not exercise 
the authority described in paragraph (1) beginning 
on the date that is 4 years after the date of enact-
ment of this section. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Foreign Affairs and the 
Committee on Financial Services of the House of 
Representatives; and 
‘‘(2) the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate.’’. 
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SEC. 4. DETERMINATION REGARDING THE PEOPLE’S RE-
PUBLIC OF CHINA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall de-
termine whether reasonable grounds exist for concluding 
that the Government of the People’s Republic of China 
meets the criteria for engaging in an act or acts of gross 
negligence with respect to a chemical or biological program 
owned, controlled, or directed by, or subject to the juris-
diction of that government under section 506(a)(3) of the 
Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991, as amended by section 3 of this 
Act. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
making a determination under subsection (a), the 
President shall submit to the appropriate congres-
sional committees a report that includes the reasons 
for the determination. 
(2) FORM.—A report required by paragraph (1) 
shall be submitted in unclassified form but may in-
clude a classified annex. 
SEC. 5. REGULATORY AUTHORITY. 
(a) IN GENERAL.—The President shall, not later 
than 180 days after the date of the enactment of this Act, 
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