[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.''.
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