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Amends section 307(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605(a)) by striking the reference to "section 306(a)(1)" in the matter preceding paragraph (1) and inserting "section 306(a)(1)(A)".
Amends the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.) by adding new provisions (designated here as sections 310 and 311) establishing mandatory sanctions on foreign countries in response to certain acts concerning chemical or biological programs and adding definitions.
Amends 22 U.S.C. 5604 to add a new category of determination covering individuals who are officials, employees, or agents of foreign governmental entities alleged to have committed covered acts on or after enactment; requires a 60-day presidential determination and imposition of sanctions under section 310 if affirmative; adds considerations specific to determinations about chemical or biological programs and individuals; adjusts reporting and congressional request/reporting provisions to cover individual determinations and updates cross-references.
Amends existing U.S. chemical and biological weapons law to tighten how the President identifies and responds to foreign officials or governments involved in chemical or biological programs that cause harm. It requires a fast presidential determination when credible information suggests an official committed such an act, expands the factors the President must consider, mandates reporting of sanctions applied, and creates a new multi-step sanctions regime with deadlines, tougher measures for noncompliance, and limited waiver authority. Also includes technical cleanup to a statutory cross-reference. The overall effect is to speed decision timelines, codify required findings and reporting, and compel a sequence of escalating sanctions against foreign actors tied to chemical or biological attacks or programs.
Redesignate paragraphs (2), (3), and (4) of Section 302 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 as paragraphs (3), (4), and (5), respectively.
Strike and insert replacement text in Section 302 to add or modify subparagraphs labeled (A), (B), and (C). The replacement text shown in the file includes: (A) text fragment 'use chemical;'; (B) text fragment 'use; and'; and (C) text fragment 'commit an act concerning a chemical or biological program that results in injury or damages to another country; and.' The section file shows these inserted fragments and the surrounding wording.
Amends the heading of Section 306 (22 U.S.C. 5604) by inserting additional text before the period in the section heading. (Text to be inserted is not shown in the excerpt.)
Adds a new paragraph (1)(B): Whenever credible information becomes available indicating a substantial possibility that, on or after the date of enactment, 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 receipt of that information, determine whether the individual committed a covered act. If the President determines the individual committed a covered act, the President shall impose the sanctions described in section 310 with respect to that individual.
Redesignates existing subparagraphs (A) through (E) of subsection (a)(2) as clauses (i) through (v) and shifts their formatting (moved 2 ems to the right).
Who is affected and how:
Foreign governments and officials: Primary targets of the new provisions. Officials credibly implicated in covered chemical or biological acts may be formally determined by the President and face a sequence of escalating sanctions; related foreign governments may face progressively tougher national-level penalties if they do not take corrective actions.
Foreign persons and entities: Companies, financial interests, or other entities tied to designated officials or to state-run programs could face secondary sanctions, asset restrictions, or other penalties consistent with the mandated sanctions regime.
U.S. Executive agencies (State, Treasury/OFAC, intelligence community): Responsible for gathering evidence, producing findings within the 60-day window, implementing sanctions, and reporting to Congress; this increases workload and requires interagency coordination and timely intelligence sharing.
Financial institutions and compliance officers (domestic and international): May face increased screening and reporting obligations as targeted sanctions are imposed and must block or report transactions involving designated parties.
U.S. foreign policy and diplomatic relations: The law codifies firmer, timetabled responses to chemical/biological attacks, which could deter wrongful conduct but also raise diplomatic tensions with affected countries and complicate bilateral engagements.
Victims and international partners: The regime aims to strengthen accountability for chemical/biological harms and could provide a clearer path toward punishment of responsible officials, which may be welcomed by victims and U.S. partners seeking deterrence.
Trade and economic consequences:
Operational and legal implications:
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Read twice and referred to the Committee on Foreign Relations.
Introduced January 9, 2025 by James E. Banks · Last progress January 9, 2025
Read twice and referred to the Committee on Foreign Relations.
Introduced in Senate