119 S63 IS: Countering Beijing’s Weaponization of Fentanyl Act
U.S. Senate
2025-01-09
text/xml
EN
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II
119th CONGRESS
1st Session
S. 63
IN THE SENATE OF THE UNITED STATES
January 9, 2025
Mr. Banks (for himself, Mr. Cotton, and Mr. Moreno) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
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.
1.

Short title
This Act may be cited as the “Countering Beijing’s Weaponization of Fentanyl Act” or the “CBW Fentanyl Act”.
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 the following: “that—
“(A)
use chemical”;
(3)
by striking “law or use” and inserting the following: “law;
“(B)
use”; and
(4)
by striking “nationals, and to impose” and inserting the following: “nationals; or
“(C)
commit an act concerning a chemical or biological program that results in injury or damages to another country; and
(2)
to impose”.
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 section heading, by inserting before the period the following: “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 who is an official, employee, or agent of a foreign governmental entity has committed a covered act, the President shall, not later than 60 days after the receipt of that information by the President, determine whether the individual committed a covered act. The President shall impose the sanctions described in section 310 with respect to the individual if the President determines that the individual has committed a covered act.”;
(B)
in paragraph (2)—
(i)
by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; and
(ii)
by striking “In making the determination under paragraph (1)” and inserting the following:
“(A)

Considerations regarding chemical or biological weapons
In making the determination under paragraph (1)(A)”; and
(iii)
by adding at the end the following:
“(B)

Considerations regarding chemical or biological program
In making a determination under paragraph (1)(B) with respect to whether an individual who is an official, employee, or agent of a foreign governmental entity has committed a covered act, the President shall consider the following:
(i)
Physical and circumstantial evidence available relevant to the possibility that the individual committed a covered act.
(ii)
Whether evidence exists that the chemical or biological program associated with the covered act has a civilian or military purpose or application.
(iii)
Whether the foreign governmental entity attempted to conceal or withhold information regarding the covered act from a relevant international organization or the government of a foreign country other than the foreign country most closely associated with the entity.
(iv)
Whether, and to what extent, the foreign governmental entity and the government of the foreign country most closely associated with the foreign governmental entity have voluntarily disclosed substantive information regarding the covered act to relevant international organizations.
(v)
Whether, and to what extent, the government of that country is compliant with the obligations of the country under each covered treaty.”; and
(C)
in paragraph (3)—
(i)
by striking “Upon” and inserting the following:
“(A)

In general
Upon”;
(ii)
by striking “If the determination is” and inserting the following:
“(B)

Report requirements
(i)

Requirements for chemical or biological weapons determination
If the determination is a 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 is a determination under paragraph (1)(B) that an individual has committed a covered act, the report shall specify the sanctions to be imposed pursuant to section 310.”; and
(3)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “whether a particular” and inserting the following: “whether—
“(A)
a particular”; and
(ii)
by striking the period and inserting the following: “; or
“(B)
a particular individual, on or after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act, 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 specified” and inserting the following: “whether—
“(i)
the specified”;
(iii)
by striking “nationals. This report” and inserting the following: “nationals; or
“(ii)
the specified individual, on or after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act, has committed a covered act.
(B)

Report contents
Each report provided under this paragraph”; and
(iv)
by striking “subsection (a)(2)” and inserting “subparagraph (A) or (B) of subsection (a)(2), as applicable”.
4.

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 programs
(a)

Initial sanctions
If the President makes a determination pursuant to section 306(a)(1)(B) with respect to an individual who is an official, employee, or agent of a foreign governmental entity, the President shall, not later than 30 days of making the determination, impose the following sanctions with respect to the foreign country most closely associated with that entity:
(1)
Suspension of all scientific cooperative programs and agreements between the United States and that country.
(2)
A prohibition on the export, reexport, or in-country transfer of items classified under Category 1 or Category 2 of the Commerce Control List to or in that country.
(3)
A prohibition on the procurement of, or entry into a contract to procure, a good or service from a person operating in the chemical or biological sectors of the economy of that 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 who is an official, employee, or agent of a foreign governmental entity, 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 or the government of the foreign country most closely associated with that entity—
(i)
has adequately addressed the covered act that was the basis for the determination;
(ii)
has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and
(iii)
has developed or is developing measures to prevent the commission of covered acts in the future; and
(B)
the government of that country is compliant with the obligations of the country under each covered treaty.
(2)

Sanctions required
If the report required by paragraph (1) states that any action described in paragraph (1) has not been taken by the foreign governmental entity or the government of the foreign country, as applicable, the President shall impose not fewer than 2 of the following sanctions with respect to the foreign country:
(A)
Termination of assistance provided to the 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)
A prohibition on the export, reexport, or in-country transfer of items controlled under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) to or in the country, including items controlled for reasons related to the national security interests of the United States under the Export Administration Regulations, 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.).
(C)
A prohibition on the issuance of a license for the export, reexport, or retransfer of an item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778)) if the license includes the country as a party.
(3)

Additional sanctions authorized
(A)

In general
The President may order the United States Government not to issue a license or grant a specific permission or authority under a provision of law described in subparagraph (B) to export a good or service to a foreign country subject to sanctions imposed under paragraph (2).
(B)

Provisions of law described
The provisions of law described in this subparagraph are the following:
(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.).
(iv)
Any other statute that requires the prior review and approval of the United States Government as a condition for the export 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 who is an official, employee, or agent of a foreign governmental entity, 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 or the government of the foreign country most closely associated with that entity—
(i)
has adequately addressed the covered act that was the basis for the determination;
(ii)
has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and
(iii)
has developed or is developing measures to prevent the commission of covered acts in the future; and
(B)
the government of the country is compliant with the obligations of the country under each covered treaty.
(2)

Effect of determination
If the report required by paragraph (1) states that any action described in paragraph (1) has not been taken by the foreign governmental entity or the government of the 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 the country.
(d)

Termination of sanctions
The President shall terminate each sanction imposed with respect to a foreign country pursuant to this section if, on or after the date that is 1 year after the first date on which the sanction was imposed, the President certifies to Congress that—
(1)
the government of the 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—
(A)
has adequately addressed the act;
(B)
has made or is making restitution to persons harmed by the covered act, including United States nationals;
(C)
has voluntarily provided substantive information regarding the covered act to the United States Government and relevant international organizations; and
(D)
has developed or is developing measures to prevent the commission of covered acts in the future; and
(2)
the government of the country is compliant with the obligations of the country under each covered treaty.
(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 the 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)
the individual knew or should have known that the act would result in injury or damages to a foreign country other than the foreign country most closely associated with that entity; and
(B)
the act concerns a chemical or biological program that is owned, controlled, or directed by, or subject to the jurisdiction of, that 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 Geneva September 3, 1992, 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 (or successor regulations).
(6)

Foreign governmental entity
The term foreign governmental entity means—
(A)
the government of a foreign country;
(B)
the government of 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 government described in subparagraph (A) or (B);
(E)
an entity that acts on behalf of or as an agent of such a government; or
(F)
an entity that—
(i)
receives significant material support from a such a government; and
(ii)
is engaged in—
(I)
the provision of commercial services;
(II)
shipping;
(III)
manufacturing;
(IV)
producing; or
(V)
exporting.”.
5.

Conforming amendment
Section 307(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605(a)) is amended, in the matter preceding paragraph (1), by striking “section 306(a)(1)” and inserting “section 306(a)(1)(A)”.