[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9783 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9783
To impose sanctions with respect to the Government of Canada in
response to transboundary wildfire smoke affecting the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2026
Mr. James introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, Financial Services, Ways and Means, Oversight and Government
Reform, and Energy and Commerce, 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 impose sanctions with respect to the Government of Canada in
response to transboundary wildfire smoke affecting the United States,
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.
(a) Short Title.--This Act may be cited as the ``Countering
Atmospheric Nuisances Arising from Drifting Airborne Foreign Incendiary
Residual Emissions Act'' or the ``CANADA FIRE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Definitions.
Sec. 5. Determination regarding transboundary smoke emergency.
Sec. 6. Sanctions with respect to responsible foreign persons.
Sec. 7. Sanctions with respect to the Government of Canada.
Sec. 8. Visa restrictions.
Sec. 9. Sense of Congress regarding certain diplomatic personnel of
Canada.
Sec. 10. Humanitarian, diplomatic, and other exceptions.
Sec. 11. Implementation; penalties.
Sec. 12. Waiver.
Sec. 13. Presidential certification and termination of sanctions.
Sec. 14. Rule of construction.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has a compelling national interest in
protecting the health, safety, economic security, and
environmental well-being of the people of the United States
from significant air pollution originating outside the United
States.
(2) Wildfire smoke may contain fine particulate matter and
other pollutants capable of traveling substantial distances and
degrading air quality beyond the jurisdiction in which a
wildfire originates.
(3) During 2026, wildfire smoke originating in the
sovereign territory of Canada repeatedly crossed the
international border of the United States.
(4) Such smoke--
(A) caused or materially contributed to unhealthy
air-quality conditions in communities in the United
States;
(B) impaired visibility;
(C) disrupted outdoor work, transportation,
recreation, education, tourism, and commercial
activity;
(D) increased public-health risks, particularly for
children, older adults, pregnant individuals, outdoor
workers, and individuals with respiratory or
cardiovascular conditions; and
(E) imposed costs on individuals, businesses, State
and local governments, Tribal governments, and the
Federal Government.
(5) The Government of Canada possesses the authority and
capacity to take reasonable measures to mitigate wildfire
risks, improve forest and land management, suppress dangerous
fires when practicable, provide timely information to
neighboring jurisdictions, and cooperate with the United States
regarding transboundary air pollution.
(6) The Government of Canada has failed to take sufficient
and timely measures to prevent, mitigate, or respond to
repeated transboundary wildfire-smoke events affecting the
United States.
(7) The diplomatic representations of the United States
regarding such smoke have not resulted in adequate remedial
action by the Government of Canada.
(8) The repeated and foreseeable transmission of
significant wildfire smoke from Canada into the United States
constitutes a serious foreign-policy concern and warrants the
imposition of targeted economic and diplomatic consequences.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to protect the people of the United States against
significant transboundary air pollution;
(2) to hold foreign government officials and entities
accountable when their knowing or reckless failure to address
preventable environmental conditions causes substantial harm in
the United States;
(3) to encourage the Government of Canada to--
(A) adopt and enforce effective wildfire-prevention
and forest-management policies;
(B) devote adequate resources to wildfire
detection, containment, suppression, and mitigation;
(C) share timely and accurate air-quality and
wildfire information with the United States;
(D) cooperate with Federal, State, local, and
Tribal authorities in the United States; and
(E) prevent recurring material incursions of
wildfire smoke into United States territory;
(4) to employ targeted sanctions in a manner that minimizes
unintended harm to ordinary residents of Canada; and
(5) to terminate sanctions imposed under this Act when the
Government of Canada has taken verifiable and durable
corrective action.
SEC. 4. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Finance, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Ways and
Means, and the Committee on the Judiciary of the House
of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Government of canada.--The term ``Government of
Canada'' means--
(A) the Government of Canada and any political
subdivision, agency, instrumentality, ministry,
department, regulatory body, or other governmental
authority thereof;
(B) any person owned or controlled by, or acting
for or on behalf of, the Government of Canada; and
(C) any successor to an entity described in
subparagraph (A) or (B).
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct,
circumstance, or result.
(6) Material transboundary smoke event.--The term
``material transboundary smoke event'' means the transportation
by prevailing winds or other atmospheric conditions of wildfire
smoke originating substantially within the territory of Canada
into the United States in a concentration, duration, or
geographic scope that--
(A) causes or materially contributes to an
exceedance of an applicable national ambient air-
quality standard established under section 109 of the
Clean Air Act (42 U.S.C. 7409);
(B) results in an Air Quality Index category of
``Unhealthy for Sensitive Groups'' or worse, as
determined by the Administrator of the Environmental
Protection Agency, in any area of the United States;
(C) causes the issuance of a public-health advisory
by a Federal, State, local, or Tribal authority; or
(D) otherwise causes significant adverse effects on
public health, safety, transportation, commerce,
agriculture, recreation, or the environment in the
United States.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Responsible foreign person.--The term ``responsible
foreign person'' means a foreign person determined under
section 6(a) to be responsible for, complicit in, or to have
materially assisted conduct relating to material transboundary
smoke events.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
(10) Wildfire smoke.--The term ``wildfire smoke'' means
airborne particulate matter, gases, or other pollutants emitted
by a wildfire, prescribed fire, peat fire, forest fire,
grassland fire, or other uncontrolled or inadequately
controlled vegetation fire.
SEC. 5. DETERMINATION REGARDING TRANSBOUNDARY SMOKE EMERGENCY.
(a) Initial Determination.--Not later than 30 days after the date
of enactment of this Act, the President, acting through the
Administrator of the Environmental Protection Agency and in
consultation with the Secretary of State, the Secretary of Agriculture,
the Secretary of the Interior, the Secretary of Commerce, and the heads
of other relevant Federal agencies, shall determine whether--
(1) one or more material transboundary smoke events
originating substantially in Canada occurred during the 12-
month period preceding such determination; and
(2) the Government of Canada failed to take reasonable and
effective measures to prevent, mitigate, contain, or otherwise
respond to the conditions causing such event or events.
(b) Affirmative Determination.--If the President makes affirmative
determinations under paragraphs (1) and (2) of subsection (a), the
President shall--
(1) publish notice of such determinations in the Federal
Register; and
(2) impose the sanctions required below.
(c) Failure To Make Determination.--If the President does not make
the determination required under subsection (a) by the date specified
in that subsection, the determinations described in paragraphs (1) and
(2) of that subsection shall be deemed to have been made in the
affirmative on the day after such date.
(d) Periodic Review.--Not less frequently than once every 180 days
after an affirmative determination under subsection (a), the President
shall review whether the conditions supporting such determination
continue to exist.
SEC. 6. SANCTIONS WITH RESPECT TO RESPONSIBLE FOREIGN PERSONS.
(a) Identification.--Not later than 60 days after an affirmative
determination under section 5(a), and periodically thereafter, the
President shall submit to the appropriate congressional committees a
list of each foreign person the President determines--
(1) serves as the Prime Minister, as any current or former
member of the Cabinet of the Government of Canada, as any
deputy minister or head of a department or agency, or as any
successor or substantially equivalent official;
(2) is or was a senior official of the Government of Canada
responsible for--
(A) forestry;
(B) land management;
(C) wildfire prevention or suppression;
(D) emergency management;
(E) environmental protection;
(F) air quality monitoring;
(G) natural-resource management; or
(H) cooperation with the United States regarding
any matter described in subparagraphs (A) through (G).
(3) knowingly ordered, directed, authorized, facilitated,
or implemented a policy or practice that materially increased
the likelihood, severity, or duration of a material
transboundary smoke event;
(4) knowingly obstructed or prevented reasonable action to
mitigate or suppress a wildfire that caused or materially
contributed to a material transboundary smoke event;
(5) knowingly concealed, falsified, or materially
misrepresented information regarding--
(A) the origin, location, severity, or expected
duration of a wildfire;
(B) wildfire-smoke emissions;
(C) air-quality conditions; or
(D) the expected movement of wildfire smoke toward
the United States;
(6) knowingly failed to provide information or assistance
requested by the United States when such failure materially
impaired the ability of the United States to prepare for or
respond to a material transboundary smoke event;
(7) materially assisted, sponsored, or provided financial,
material, or technological support for an activity described in
paragraphs (1) through (6);
(8) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, a person
described in paragraphs (1) through (6); or
(9) is an immediate family member of a person described in
paragraphs (1) through (8), if the President determines that
the family member knowingly received or controlled property or
economic benefits derived from conduct described in such
paragraphs.
(b) Blocking of Property.--The President shall exercise all
authorities granted under the International Emergency Economic Powers
Act (50 U.S.C. 170 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in property of a
responsible foreign person identified under subsection (a) if such
property and interests in property--
(1) are in the United States;
(2) come within the United States; or
(3) are or come within the possession or control of a
United States person.
(c) Prohibition on Transactions.--Except as provided in section 10,
a United States person may not knowingly engage in a transaction with a
responsible foreign person whose property and interests in property are
blocked under subsection (b).
(d) Updates.--The President shall update the list required under
subsection (a) not less frequently than once every 180 days for so long
as an affirmative determination under section 5(a) remains in effect.
(e) Form of List.--The list required under subsection (a) shall be
submitted in unclassified form and made available to the public, except
that the President may include classified information in a classified
annex.
SEC. 7. SANCTIONS WITH RESPECT TO THE GOVERNMENT OF CANADA.
(a) Mandatory Sanctions.--Upon an affirmative determination under
section 5(a), the President shall impose the sanctions described in
paragraphs (1), (2), and (3), and not fewer than 3 of the sanctions
described in paragraphs (4) through (9):
(1) United states government procurement.--The head of an
executive agency may not enter into or renew a contract for the
procurement of goods or services with the Government of Canada
or an entity owned or controlled by the Government of Canada.
(2) Export-import bank assistance.--The Export-Import Bank
of the United States may not give approval to the issuance of
any guarantee, insurance, extension of credit, or participation
in the extension of credit in connection with the export of any
goods or services to the Government of Canada or an entity
owned or controlled by the Government of Canada.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director at each international financial institution, as
defined in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)), to use the voice and
vote of the United States to oppose any loan, grant, strategy,
or policy that would benefit the Government of Canada, except
assistance intended to meet basic human needs or directly
support wildfire prevention, suppression, mitigation,
environmental remediation, or public health.
(4) Prohibition on banking transactions.--The President may
prohibit any United States financial institution from making
loans or providing credits to the Government of Canada, except
loans or credits for the provision of humanitarian goods,
agricultural commodities, food, medicine, medical devices, or
wildfire-management assistance.
(5) Restrictions on sovereign debt.--The President may
prohibit United States persons from purchasing, subscribing to,
or otherwise dealing in new debt issued by the Government of
Canada or an entity owned or controlled by that government.
(6) Restrictions on government equity.--The President may
prohibit United States persons from purchasing or dealing in
new equity issued by an entity owned or controlled by the
Government of Canada.
(7) Import restrictions.--The President may prohibit the
importation into the United States of goods produced,
manufactured, grown, or extracted by an entity owned or
controlled by the Government of Canada.
(8) Restrictions on new investment.--The President may
prohibit new investment by a United States person in an entity
owned or controlled by the Government of Canada.
(9) Restrictions on state-owned enterprises.--The President
may block and prohibit transactions in property and interests
in property of any State-owned enterprise of Canada that
materially finances or supports a ministry, agency, official,
policy, or activity described in section 6(a).
(b) Application.--A sanction imposed under subsection (a) shall
apply notwithstanding any contract, license, or permit entered into or
issued before the date on which the sanction is imposed, except to the
extent the President provides a wind-down period not exceeding 60 days.
(c) Regulatory Authority.--The President may prescribe such
regulations, licenses, orders, directives, and guidance as are
necessary to carry out this section.
(d) Rule Regarding Private Persons.--Nothing in this section shall
be construed to require the imposition of sanctions on a privately
owned person in Canada solely because that person is organized or
located in Canada.
SEC. 8. VISA RESTRICTIONS.
(a) Ineligibility.--A foreign person identified under section 6(a)
is--
(1) inadmissible to the United States;
(2) ineligible to receive a visa or other documentation to
enter the United States; and
(3) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), any visa or other entry documentation issued to a
foreign person described in subsection (a).
(c) Effect of Revocation.--A revocation under subsection (b)
shall--
(1) take effect immediately; and
(2) automatically cancel any other valid visa or entry
documentation that is in the possession of the foreign person.
(d) Exception To Comply With International Obligations.--The
Secretary of State may waive the application of this section with
respect to a foreign person if the Secretary determines that such a
waiver is necessary to permit the United States to comply with--
(1) the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947; or
(2) another applicable international obligation of the
United States.
(e) Law-Enforcement Exception.--The Secretary of State or the
Secretary of Homeland Security may waive the application of this
section with respect to a foreign person if the relevant Secretary
determines that admission or parole of the person is important to--
(1) a criminal investigation or prosecution in the United
States;
(2) the fulfillment of a law-enforcement objective; or
(3) the protection of national security.
SEC. 9. SENSE OF CONGRESS REGARDING CERTAIN DIPLOMATIC PERSONNEL OF
CANADA.
(a) Findings.--Congress finds that--
(1) Article 9 of the Vienna Convention on Diplomatic
Relations, done at Vienna April 18, 1961, permits a receiving
state, at any time and without having to explain its decision,
to notify a sending state that the head of mission or another
member of the diplomatic staff is persona non grata;
(2) upon such notification, the sending state is expected,
as appropriate, to recall the person concerned or terminate the
person's functions with the mission; and
(3) continued material transboundary smoke events, combined
with the failure of the Government of Canada to take adequate
corrective action, warrant a substantial diplomatic response.
(b) Sense of Congress.--It is the sense of Congress that, until the
President submits the certification required under section 13, the
Secretary of State should consider declaring persona non grata,
pursuant to applicable international law and diplomatic practice, the
following accredited diplomatic personnel of the Government of Canada,
or the equivalent person as determined by the Secretary of State;
(1) The Ambassador Extraordinary and Plenipotentiary;
(2) The Deputy Chief of Mission;
(3) The Minister Counselor for Political Affairs;
(4) The Minister Counselor for Economic Affairs;
(5) The Minister Counselor for Environment, Climate, and
Natural Resources;
(6) The Minister Counselor for Agriculture and Forestry;
(7) The Minister Counselor for Science, Technology, and
Innovation;
(8) The Minister Counselor for Public Diplomacy and
Strategic Communications;
(9) The Defense Attache;
(10) The Commercial Counselor;
(11) The Consul Generals assigned to Chicago, Detroit,
Minneapolis, and New York;
(12) The First Secretary for Environmental Cooperation;
(13) The First Secretary for Energy and Natural Resources;
(14) The First Secretary for Economic Affairs;
(15) The Press Counselor or Embassy Spokesperson; or
(16) Any substantially equivalent diplomatic officer,
counselor, attache, secretary, consul, or accredited
representative of the Government of Canada, as determined by
the Secretary of State, whose official responsibilities include
environmental policy, forestry, wildfire management, emergency
response, natural resources, economic affairs, public
diplomacy, scientific cooperation, or other matters related to
the prevention, mitigation, monitoring, or public communication
of transboundary wildfire smoke.
(c) Presidential Certification.--No replacement ambassador or other
diplomatic personnel referenced in subsection (b) may present
credentials until the President certifies that the AQI in affected
United States communities has remained below 100 for 90 consecutive
days due to the cessation of smoke originating in Canada.
(d) Rule of Construction.--Nothing in this section shall be
construed--
(1) to require the President to receive, reject, recognize,
or maintain diplomatic relations with any particular diplomatic
representative;
(2) to alter the authority of the President or the
Secretary of State with respect to the conduct of diplomatic
relations; or
(3) to modify the privileges and immunities afforded under
the Vienna Convention on Diplomatic Relations, the Diplomatic
Relations Act (22 U.S.C. 254a et seq.), or any other applicable
law or international agreement.
SEC. 10. HUMANITARIAN, DIPLOMATIC, AND OTHER EXCEPTIONS.
(a) In General.--The authorities and requirements to impose
sanctions under this Act shall not include the authority or requirement
to impose sanctions on--
(1) the importation of goods into the United States;
(2) the exportation of goods from the United States; or
(3) any transaction involving the provision of goods or
services, if the President determines that the goods, services,
or transaction are necessary for--
(A) food, medicine, medical devices, or other
articles intended to relieve human suffering;
(B) wildfire prevention, detection, containment,
suppression, or mitigation;
(C) forest restoration or environmental
remediation;
(D) air-quality monitoring, public-health
protection, or emergency preparedness;
(E) disaster response;
(F) agricultural or food security;
(G) telecommunications services necessary for
humanitarian or emergency purposes; or
(H) the protection of human life.
(b) IEEPA Exceptions.--The exceptions provided in section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b))
shall apply to the exercise of authorities under this Act to the same
extent as such exceptions apply to the exercise of authorities under
that Act.
(c) Diplomatic Activities.--Nothing in this Act shall be construed
to prohibit--
(1) any transaction necessary for the conduct of the
official business of the United States Government;
(2) any transaction necessary for the conduct of the
official business of a diplomatic or consular mission of Canada
in the United States that is consistent with the international
obligations of the United States;
(3) the payment of reasonable and necessary expenses
associated with the departure of a diplomatic agent or family
member from the United States; or
(4) the performance by the United States of any obligation
under the Vienna Convention on Diplomatic Relations, the Vienna
Convention on Consular Relations, the Diplomatic Relations Act,
or the United Nations Headquarters Agreement.
(d) Intelligence Activities.--Nothing in this Act shall be
construed to apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) or to any authorized intelligence activity of the
United States.
SEC. 11. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, order, directive, or prohibition issued to carry
out this Act shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(c) Administrative Authorities.--The President may--
(1) issue such regulations, licenses, orders, and guidance
as may be necessary to carry out this Act; and
(2) delegate to the head of an appropriate Federal agency
any authority necessary to carry out this Act.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the President shall prescribe regulations to
carry out this Act.
SEC. 12. WAIVER.
The President may waive the application of a sanction under section
6, 7, or 8 with respect to a person or transaction if the President--
(1) determines that the waiver--
(A) is vital to the national security interests of
the United States;
(B) is necessary to address a humanitarian
emergency;
(C) will materially advance cooperation by Canada
in preventing or mitigating transboundary wildfire
smoke; and
(D) is necessary to protect public health or safety
in the United States; and
(2) submits to the appropriate congressional committees the
notice described in subsection (b).
SEC. 13. PRESIDENTIAL CERTIFICATION AND TERMINATION OF SANCTIONS.
(a) Certification.--The President may terminate the sanctions
imposed under this Act if the President submits to the appropriate
congressional committees a certification that--
(1) no material transboundary smoke event originating
substantially in Canada has occurred during the preceding 90-
day period;
(2) the Government of Canada has--
(A) adopted and begun implementing a credible and
adequately funded plan to prevent, mitigate, detect,
contain, and suppress wildfires that may affect the
United States;
(B) established effective procedures for timely
notification to the United States regarding wildfires
and smoke conditions that may affect the United States;
(C) provided the United States with access to
sufficient data to verify the origin, severity,
emissions, and expected movement of relevant wildfire
smoke;
(D) cooperated in good faith with appropriate
Federal, State, local, and Tribal authorities; and
(E) taken reasonable measures to remedy the acts or
omissions that formed the basis of the affirmative
determination under section 5(a);
(3) the measures described in paragraph (2) are reasonably
likely to prevent or substantially reduce future material
transboundary smoke events; and
(4) termination of the sanctions is in the national
interest of the United States.
(b) Reimposition.--If, after sanctions are terminated under
subsection (a), the President determines that--
(1) another material transboundary smoke event originating
substantially in Canada has occurred; and
(2) the Government of Canada has failed to take reasonable
and effective measures to prevent, mitigate, contain, or
respond to that event, the President shall reimpose the
sanctions required herein.
SEC. 14. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to limit the authority of the President under--
(A) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.);
(B) the National Emergencies Act (50 U.S.C. 1601 et
seq.);
(C) the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); or
(D) any other provision of law;
(2) to authorize military force against Canada or any other
foreign country;
(3) to create a private right of action against the United
States, the Government of Canada, or any other person;
(4) to require the blocking of property used exclusively
for diplomatic or consular purposes if such blocking would be
inconsistent with the international obligations of the United
States; or
(5) to prohibit diplomatic negotiations, environmental
cooperation, wildfire assistance, humanitarian assistance, or
other engagement intended to secure compliance with the
objectives of this Act.
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