CBW Fentanyl Act · Introduced in Senate (2025-01-09) · Congress.wiki

S. 63

119th CONGRESS 1st Session

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 SENATE OF THE UNITED STATES · January 9, 2025 · Sponsor: Mr. Banks · Committee: Committee on Foreign Relations

S. 63

SEC. 1. Short title

This Act may be cited as the or the .

SEC. 2. Purposes

Section 302 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 () is amended— 22 U.S.C. 5601
- by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;
- by striking and inserting the following: “that—
  - use chemical
- by striking and inserting the following: “law;
  - use
- by striking and inserting the following: “nationals; or
  - to impose
  - commit an act concerning a chemical or biological program that results in injury or damages to another country; and

SEC. 3. Presidential reporting requirements

Section 306 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 () is amended— 22 U.S.C. 5604
- in the section heading, by inserting before the period the following: ;
- in subsection (a)—
  - in paragraph (1)—
    - (i) by striking and inserting the following:
      - (A) Determination regarding chemical or biological weapons
        
        Whenever
    - (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 , 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.
  - 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 and inserting the following:
      - (A) Considerations regarding chemical or biological weapons
        
        In making the determination under paragraph (1)(A)
    - (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.
  - in paragraph (3)—
    - (i) by striking and inserting the following:
      - (A) In general
        
        Upon
    - (ii) by striking and inserting the following:
      - (B) Report requirements
        
        (i) If the determination is a determination under paragraph (1)(A)
    - (iii) by adding at the end the following:
      - (ii) 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.
- in subsection (b)—
  - in paragraph (1)—
    - (i) by striking and inserting the following: “whether—
      - a particular
    - (ii) by striking the period and inserting the following: “; or
      - a particular individual, on or after the date of the enactment of the , has committed a covered act.
  - in paragraph (2)—
    - (i) by striking and inserting the following:
      - (A) In general
        
        Not later
    - (ii) by striking and inserting the following: “whether—
      - (i) the specified
    - (iii) by striking and inserting the following: “nationals; or
      - (B) Report contents
        
        Each report provided under this paragraph
        
        (ii) the specified individual, on or after the date of the enactment of the , has committed a covered act.
    - (iv) by striking subsection (a)(2)and inserting subparagraph (A) or (B) of subsection (a)(2), as applicable.

SEC. 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 () is amended by adding at the end the following: 22 U.S.C. 5601 et seq.
- (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:
    - Suspension of all scientific cooperative programs and agreements between the United States and that country.
    - 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.
    - 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—
      - 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
      - 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:
      - Termination of assistance provided to the country pursuant to the Foreign Assistance Act of 1961 (), except for urgent humanitarian assistance, food, or other agricultural commodities or products. 22 U.S.C. 2151 et seq.
      - A prohibition on the export, reexport, or in-country transfer of items controlled under the Export Control Reform Act of 2018 () 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. 4801 et seq.; 50 U.S.C. 413 et seq.

SEC. 5. Conforming amendment

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