Short title

This Act may be cited as the

Countering Beijing’s Weaponization of Fentanyl Act

or the

CBW Fentanyl Act

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

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.

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).

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:

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.

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.