,,ii #aaith ,,congress #ast ,session ,s4 #fc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #i1 #bjbe,mr4 ,banks 7for himself1 ,mr4 ,cotton1 and ,mr4 ,moreno7 introduced the following bill2 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 #aiia to impose sanctions on foreign countries in response to acts concerning chemical or biological programs that cause injury to other foreign countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,countering ,beijing's ,weaponization of ,fentanyl ,act or the ,,cbw ,fentanyl ,act4 #b4 ,purposes ,section #cjb of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efja7 is amended-- 7#a7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#b7 by striking that use chemical and inserting the following3 8that-- 7,a7 use chemical 2 7#c7 by striking law or use and inserting the following3 8law2 7,b7 use 2 and 7#d7 by striking nationals1 and to impose and inserting the following3 8nationals2 or 7,c7 commit an act concerning a chemical or biological program that results in injury or damages to another country2 and 7#b7 to impose 4 #c4 ,presidential reporting requirements ,section #cjf of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efjd7 is amended-- 7#a7 in the section heading1 by inserting before the period the following3 or acts concerning a chemical or biological program2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,whenever and inserting the following3 7,a7 ,determination regarding chemical or biological weapons ,whenever 2 and 7ii7 by adding at the end the following3 7,b7 ,determination regarding chemical or biological program ,whenever credible information becomes available to the ,president indicating a substantial possibility that1 on or after the date of the enactment of the ,countering ,beijing's ,weaponization of ,fentanyl ,act1 an individual who is an official1 employee1 or agent of a foreign governmental entity has committed a covered act1 the ,president shall1 not later than #fj days after the receipt of that information by the ,president1 determine whether the individual committed a covered act4 ,the ,president shall impose the sanctions described in section #caj with respect to the individual if the ,president determines that the individual has committed a covered act4 2 7,b7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 through 7,e7 as clauses 7i7 through 7v71 respectively1 and by moving such clauses1 as so redesignated1 #b ems to the right2 and 7ii7 by striking ,in making the determination under paragraph 7#a7 and inserting the following3 7,a7 ,considerations regarding chemical or biological weapons ,in making the determination under paragraph 7#a77;,a7 2 and 7iii7 by adding at the end the following3 7,b7 ,considerations regarding chemical or biological program ,in making a determination under paragraph 7#a77;,b7 with respect to whether an individual who is an official1 employee1 or agent of a foreign governmental entity has committed a covered act1 the ,president shall consider the following3 7i7 ,physical and circumstantial evidence available relevant to the possibility that the individual committed a covered act4 7ii7 ,whether evidence exists that the chemical or biological program associated with the covered act has a civilian or military purpose or application4 7iii7 ,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 entity4 7iv7 ,whether1 and to what extent1 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 organizations4 7v7 ,whether1 and to what extent1 the government of that country is compliant with the obligations of the country under each covered treaty4 2 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,upon and inserting the following3 7,a7 ,in general ,upon 2 7ii7 by striking ,if the determination is and inserting the following3 7,b7 ,report requirements 7i7 ,requirements for chemical or biological weapons determination ,if the determination is a determination under paragraph 7#a77;,a7 2 and 7iii7 by adding at the end the following3 7ii7 ,requirements for chemical or biological program determination ,if the determination is a determination under paragraph 7#a77;,b7 that an individual has committed a covered act1 the report shall specify the sanctions to be imposed pursuant to section #caj4 2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking whether a particular and inserting the following3 8whether-- 7,a7 a particular 2 and 7ii7 by striking the period and inserting the following3 82 or 7,b7 a particular individual1 on or after the date of the enactment of the ,countering ,beijing's ,weaponization of ,fentanyl ,act1 has committed a covered act4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,not later and inserting the following3 7,a7 ,in general ,not later 2 7ii7 by striking whether the specified and inserting the following3 8whether-- 7i7 the specified 2 7iii7 by striking nationals4 ,this report and inserting the following3 8nationals2 or 7ii7 the specified individual1 on or after the date of the enactment of the ,countering ,beijing's ,weaponization of ,fentanyl ,act1 has committed a covered act4 7,b7 ,report contents ,each report provided under this paragraph 2 and 7iv7 by striking subsection 7a77#b7 and inserting subparagraph 7,a7 or 7,b7 of subsection 7a77#b71 as applicable4 #d4 ,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 #aiia 7#bb ,u4,s4,c4 #efja et seq47 is amended by adding at the end the following3 #caj4 ,sanctions on foreign countries in response to acts concerning chemical or biological programs 7a7 ,initial sanctions ,if the ,president makes a determination pursuant to section #cjf7;a77#a77;,b7 with respect to an individual who is an official1 employee1 or agent of a foreign governmental entity1 the ,president shall1 not later than #cj days of making the determination1 impose the following sanctions with respect to the foreign country most closely associated with that entity3 7#a7 ,suspension of all scientific cooperative programs and agreements between the ,united ,states and that country4 7#b7 ,a prohibition on the export1 reexport1 or in-country transfer of items classified under ,category #a or ,category #b of the ,commerce ,control ,list to or in that country4 7#c7 ,a prohibition on the procurement of1 or entry into a contract to procure1 a good or service from a person operating in the chemical or biological sectors of the economy of that country4 7b7 ,intermediate application of sanctions 7#a7 ,report to ,congress ,not later than #abj days after making a determination pursuant to section #cjf7;a77#a77;,b7 with respect to an individual who is an official1 employee1 or agent of a foreign governmental entity1 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-- 7,a7 the foreign governmental entity or the government of the foreign country most closely associated with that entity-- 7i7 has adequately addressed the covered act that was the basis for the determination2 7ii7 has voluntarily provided substantive information regarding the covered act to the ,united ,states ,government and relevant international organizations2 and 7iii7 has developed or is developing measures to prevent the commission of covered acts in the future2 and 7,b7 the government of that country is compliant with the obligations of the country under each covered treaty4 7#b7 ,sanctions required ,if the report required by paragraph 7#a7 states that any action described in paragraph 7#a7 has not been taken by the foreign governmental entity or the government of the foreign country1 as applicable1 the ,president shall impose not fewer than #b of the following sanctions with respect to the foreign country3 7,a7 ,termination of assistance provided to the country pursuant to the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 except for urgent humanitarian assistance1 food1 or other agricultural commodities or products4 7,b7 ,a prohibition on the export1 reexport1 or in-country transfer of items controlled under the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq47 to or in the country1 including items controlled for reasons related to the national security interests of the ,united ,states under the ,export ,administration ,regulations1 except that such prohibition shall not apply to a transaction subject to the reporting requirements of title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dac et seq474 7,c7 ,a prohibition on the issuance of a license for the export1 reexport1 or retransfer of an item on the ,united ,states ,munitions ,list 7established pursuant to section #ch of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh77 if the license includes the country as a party4 7#c7 ,additional sanctions authorized 7,a7 ,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 7,b7 to export a good or service to a foreign country subject to sanctions imposed under paragraph 7#b74 7,b7 ,provisions of law described ,the provisions of law described in this subparagraph are the following3 7i7 ,the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq474 7ii7 ,the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq474 7iii7 ,the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq474 7iv7 ,any other statute that requires the prior review and approval of the ,united ,states ,government as a condition for the export of goods or services4 7c7 ,final application of sanctions 7#a7 ,presidential determination ,not later than #baj days after making a determination pursuant to section #cjf7;a77#a77;,b7 with respect to an individual who is an official1 employee1 or agent of a foreign governmental entity1 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-- 7,a7 the foreign governmental entity or the government of the foreign country most closely associated with that entity-- 7i7 has adequately addressed the covered act that was the basis for the determination2 7ii7 has voluntarily provided substantive information regarding the covered act to the ,united ,states ,government and relevant international organizations2 and 7iii7 has developed or is developing measures to prevent the commission of covered acts in the future2 and 7,b7 the government of the country is compliant with the obligations of the country under each covered treaty4 7#b7 ,effect of determination ,if the report required by paragraph 7#a7 states that any action described in paragraph 7#a7 has not been taken by the foreign governmental entity or the government of the foreign country1 as applicable1 the ,president shall prohibit any transaction that-- 7,a7 is-- 7i7 in foreign commerce2 or 7ii7 a transfer of credit or payment by1 through1 or to a financial institution2 7,b7 is subject to the jurisdiction of the ,united ,states2 and 7,c7 involves a financial interest of the country4 7d7 ,termination of sanctions ,the ,president shall terminate each sanction imposed with respect to a foreign country pursuant to this section if1 on or after the date that is #a year after the first date on which the sanction was imposed1 the ,president certifies to ,congress that-- 7#a7 the government of the country1 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 official1 employee1 or agent-- 7,a7 has adequately addressed the act2 7,b7 has made or is making restitution to persons harmed by the covered act1 including ,united ,states nationals2 7,c7 has voluntarily provided substantive information regarding the covered act to the ,united ,states ,government and relevant international organizations2 and 7,d7 has developed or is developing measures to prevent the commission of covered acts in the future2 and 7#b7 the government of the country is compliant with the obligations of the country under each covered treaty4 7e7 ,waiver 7#a7 ,in general ,the ,president may1 for periods of not more than #ahj days1 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 ,states4 7#b7 ,sunset ,the ,president may not exercise the authority described in paragraph 7#a7 on or after the date that is #e years after the date of the enactment of the ,countering ,beijing's ,weaponization of ,fentanyl ,act4 #caa4 ,definitions ,in this title3 7#a7 ,chemical or biological program ,the term chemical or biological program means a program to produce1 develop1 or distribute-- 7,a7 a chemical or biological weapon2 7,b7 benzylfentanyl2 7,c7 #d-;anilinopiperidine2 or 7,d7 norfentanyl precursors4 7#b7 ,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 ,no4 #a to part #ggd of the ,export ,administration ,regulations4 7#c7 ,covered act ,the term covered act means an act by an individual who is an official1 employee1 or agent of a foreign governmental entity1 if-- 7,a7 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 entity2 and 7,b7 the act concerns a chemical or biological program that is owned1 controlled1 or directed by1 or subject to the jurisdiction of1 that entity4 7#d7 ,covered treaty ,the term covered treaty means-- 7,a7 the ,convention on the ,prohibition of the ,development1 ,production and ,stockpiling of ,bacteriological and ,toxin ,weapons and on their ,destruction1 done at ,washington1 ,london1 and ,moscow1 ,april #aj1 #aigb 7commonly referred to as the ,biological ,weapons ,convention72 and 7,b7 the ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on their ,destruction1 done at ,geneva ,september #c1 #aiib1 and entered into force ,april #bi1 #aiig 7commonly referred to as the ,chemical ,weapons ,convention74 7#e7 ,export ,administration ,regulations ,the term ,export ,administration ,regulations means the regulations set forth in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations 7or successor regulations74 7#f7 ,foreign governmental entity ,the term foreign governmental entity means-- 7,a7 the government of a foreign country2 7,b7 the government of a political subdivision of a foreign country2 7,c7 an agency or instrumentality of a foreign state1 as such term is defined in section #afjc7;b7 of title #bh1 ,united ,states ,code2 7,d7 an entity that is directly or indirectly controlled or beneficially owned by a government described in subparagraph 7,a7 or 7,b72 7,e7 an entity that acts on behalf of or as an agent of such a government2 or 7,f7 an entity that-- 7i7 receives significant material support from a such a government2 and 7ii7 is engaged in-- 7,i7 the provision of commercial services2 7,,ii7 shipping2 7,,iii7 manufacturing2 7,,iv7 producing2 or 7,v7 exporting4 4 #e4 ,conforming amendment ,section #cjg7;a7 of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efje7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking section #cjf7;a77#a7 and inserting section #cjf7;a77#a77;,a74