Holding Countries Accountable for Negligent Chemical and Biological Programs Act
Bill: H.R.5046 | Sponsor: Rep. Feenstra, Randy (R-IA)
Policy area: International Affairs

Summary:
Holding Countries Accountable for Negligent Chemical and Biological Programs Act
This bill authorizes initial, intermediate, and final sanctions against countries that act grossly negligent (i.e., knew or should have known that an act or acts would harm another foreign state) with respect to a chemical or biological weapons program.
Before imposing initial sanctions, the President must determine that a country acted with gross negligence. Following such a determination, the President must impose the initial sanctions (e.g., suspending scientific cooperative programs and restricting U.S. government contracting with entities operating in chemical or biological sectors of a sanctioned country).
Within 120 days of imposing initial sanctions, the President must determine whether the country has taken adequate steps to redress its sanctionable conduct. If the country has not taken adequate steps, the President must impose intermediate sanctions (e.g., terminating financial assistance and prohibiting arms transactions).
Within 210 days of imposing intermediate sanctions, the President must again determine whether the country has taken adequate steps to redress its sanctionable conduct. If the country has not taken adequate steps, the President must impose final sanctions (e.g., prohibiting certain transactions in foreign exchange or transfers of credit or payment).
The sanctions may be removed after 12 months if the President certifies a country adequately redressed the sanctionable conduct. The bill also authorizes waivers of the sanctions, subject to certain restrictions.
Furthermore, the President must determine and report to Congress about whether China meets the criteria for gross negligence with respect to its chemical or biological weapons program.

To amend the Chemical and Biological Weapons Control and Warfare 
  Elimination 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.

    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 ``Holding Countries Accountable 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 respect to state owned, operated, or directed 
chemical or biological programs.

SEC. 3. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND 
              WARFARE ELIMINATION ACT OF 1991.

    (a) Purposes and Definitions.--Section 502 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (22 
U.S.C. 5601) is amended--
            (1) in the section heading, by adding at the end before the 
        period the following: ``and definitions'';
            (2) by striking ``The purposes'' and inserting ``(a) 
        Purposes.--The purposes'';
            (3) in paragraph (1)--
                    (A) by striking ``or use'' and insert ``use''; and
                    (B) by inserting ``, or engage 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 jurisdiction of the government of a 
                foreign state'' after ``nationals''; 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 government 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 an 
                        official or unofficial capacity acting as an 
                        agent of or on behalf of, the government 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, producing, 
                        or exporting.''.
    (b) Determinations Regarding Use of Chemical 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 credible information becomes 
                available to the executive branch indicating a 
                substantial possibility that, on or after January 1, 
                2020, the government of a foreign country has engaged 
                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 jurisdiction of the 
                government of a foreign state, the President shall, 
                within 60 days after the receipt of such information by 
                the executive branch, determine whether that 
                government, on or after such date, has engaged 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 jurisdiction of the 
                government of a foreign state. Section 507 applies if 
                the President determines that that government has so 
                engaged in such act or acts of gross negligence.
                    ``(B) Matters to be considered.--In making the 
                determination under subparagraph (A), the President 
                shall consider the following:
                            ``(i) All physical and circumstantial 
                        evidence available bearing on the possibility 
                        that the government in question engaged 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 
                        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 governments or 
                        international organizations regarding 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 Convention on the 
                        Prohibition of the Development, Production, 
                        Stockpiling and Use of Chemical Weapons and on 
                        their Destruction, as applicable.
                            ``(v) Whether, and to what extent, the 
                        government in question is providing or 
                        otherwise voluntarily disclosing substantive 
                        information to relevant international 
                        organizations.''; and
                    (C) in paragraph (4) (as redesignated)--
                            (i) in the first sentence, by inserting 
                        ``or (3)'' after ``paragraph (1)'';
                            (ii) in the second sentence, by inserting 
                        ``under paragraph (1)'' after 
                        ``determination''; and
                            (iii) by adding at the end the following: 
                        ``If the determination under paragraph (3) is 
                        that a foreign government had engaged 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 
                        jurisdiction of the government of a foreign 
                        state, the report shall specify the sanctions 
                        to be imposed pursuant to section 507A.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``whether a particular 
                        foreign government'' and inserting the 
                        following: ``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 following:
                    ``(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, controlled, or directed by, or subject 
                to the jurisdiction of the government of a foreign 
                state.''; and
                    (B) in paragraph (2)--
                            (i) in the first sentence--
                                    (I) by striking ``whether the 
                                specified 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 directed by, or subject 
                to the jurisdiction of the government of a foreign 
                state.''; and
                            (ii) in the second sentence--
                                    (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 Respect 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 respect to the government of 
        a foreign state, the President shall, within 30 days of making 
        such determination, impose the sanctions described in paragraph 
        (2) with respect to the foreign state.
            ``(2) Sanctions described.--The sanctions described in this 
        paragraph are the following:
                    ``(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 export 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 section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate congressional committees a determination as to 
        whether--
                    ``(A) such government has adequately addressed an 
                act an act or acts of gross negligence 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;
                    ``(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 otherwise 
                voluntarily disclosing substantive information to the 
                United States and relevant international 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 of 1961 (22 U.S.C. 2151 et 
                seq.), except for urgent humanitarian assistance and 
                food or other agricultural commodities or products.
                    ``(B) No sales of any defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.) may be 
                made to the government 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 technologies 
                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 reporting requirements of title V of the 
                National Security Act of 1947 (50 U.S.C. 413 et seq.; 
                relating to congressional oversight of intelligence 
                activities).
                    ``(E) The President may order the United States 
                Government not to issue any specific license and not to 
                grant any other specific permission 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 services.
    ``(c) Final Application of Sanctions.--
            ``(1) Determination.--Not later than 210 days after making 
        a determination pursuant to section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate 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 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 
        described in paragraph (3) with respect to the government 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, prohibit 
                any transactions in foreign exchange that are subject 
                to the jurisdiction of the United States and in which 
                the government of the foreign state has any interest.
                    ``(B) The President shall, pursuant to such 
                regulations as the President may prescribe, prohibit 
                any transfers of credit or payments between one or more 
                financial institutions or by, through, or to any 
                financial institution, to the extent that such 
                transfers or payments are subject 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 government of a foreign state 
pursuant to this section if the 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 government 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 respect to a chemical or 
        biological program owned, controlled, or directed by, or 
        subject to the jurisdiction of the government of a foreign 
        state;
            ``(2) such government has developed or is developing 
        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 organizations; and
            ``(4) such government is compliant with its obligations 
        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 
        applicable; 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 owned, controlled, or directed 
        by, or subject to the jurisdiction of the government of a 
        foreign state, including United States persons.
    ``(e) Waiver.--
            ``(1) In general.--The President may, for periods not to 
        exceed 180 days, waive the imposition of sanctions under this 
        section if the President certifies to the appropriate 
        congressional committees 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) beginning on the date that is 4 
        years after the date of enactment of this section.
    ``(f) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional 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 Affairs of the Senate.''.

SEC. 4. DETERMINATION REGARDING THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall determine 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 jurisdiction 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 congressional 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 include 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, prescribe regulations as 
necessary for the implementation of this Act and the amendments made by 
this Act.
    (b) Notification to Congress.--Not later than 10 days before the 
prescription of regulations under subsection (a), the President shall 
notify the appropriate congressional committees regarding the proposed 
regulations and the provisions of this Act and the amendments made by 
this Act that the regulations are implementing.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional 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 Affairs of the Senate.
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