H.R. 7552 — CBW Fentanyl Act

This section revises the purposes of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 by restructuring paragraph (1) to specify three subparagraphs for countries subject to U.S. and encouraged international sanctions—(A) using chemical or biological weapons in violation of international law, (B) using lethal chemical or biological weapons against their own nationals, and (C) committing an act concerning a chemical or biological program that results in injury or damages to another country (new)—designating the imposition of sanctions against companies aiding chemical or biological weapons proliferation as a new paragraph (2), and redesignating former paragraphs (2) through (4) as paragraphs (3) through (5), respectively. (Thus, the Act's sanctions regime now explicitly covers harm to third countries from chemical or biological programs.)

This section revises presidential determination, reporting, and congressional request requirements under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604)—which previously required determinations within 60 days regarding foreign government use of chemical or biological weapons post-October 28, 1991, based on specified considerations—to also cover "covered acts" concerning a chemical or biological program by an individual who is an official, employee, or agent of a foreign governmental entity, on or after the date of enactment of the Countering Beijing’s Weaponization of Fentanyl Act. Specifically, the section (1) requires the President, upon credible information, to determine within 60 days whether such an individual committed a covered act and, if so, to impose sanctions under section 310 of this Act; (2) specifies considerations for that determination, including relevant evidence, the program's civilian or military purpose, concealment efforts, voluntary disclosures to international organizations, and compliance with covered treaties; (3) requires prompt reporting of the determination to Congress, specifying applicable sanctions under section 310 if affirmative; and (4) authorizes the Chairman of the Senate Committee on Foreign Relations or House Committee on Foreign Affairs (after consulting the ranking minority member) to request such a determination, with a report due within 60 days. (Thus, the amendments create a parallel process to the existing chemical/biological weapons requirements, which trigger sanctions under section 5605.)

This section adds a new section 310 to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to require tiered sanctions against a foreign country most closely associated with a foreign governmental entity whose official, employee, or agent is determined under section 306(a)(1)(B) to have engaged in a covered act concerning chemical or biological programs. **(a) Initial sanctions.** Not later than 30 days after the determination, the President must (1) suspend all U.S. scientific cooperative programs and agreements with the country; (2) prohibit the export, reexport, or in-country transfer of items in Categories 1 or 2 of the Commerce Control List to or in the country; and (3) prohibit procurement of, or contracts to procure, goods or services from persons in the country's chemical or biological sectors. **(b) Intermediate sanctions.** Not later than 120 days after the determination, the President must submit a report to specified congressional committees assessing whether the entity or country government has addressed the act, provided information, developed preventive measures, and complies with covered treaties. If the report finds any deficiency, the President must impose at least two of the following: (A) termination of Foreign Assistance Act assistance except urgent humanitarian aid, food, or agricultural commodities; (B) prohibition on export, reexport, or in-country transfer of items controlled under the Export Control Reform Act of 2018 (including national security-controlled items under the Export Administration Regulations), except for transactions reported under title V of the National Security Act of 1947; or (C) prohibition on licenses for export, reexport, or retransfer of United States Munitions List items involving the country. The President may also prohibit issuance of export licenses or permissions under the Export Control Reform Act of 2018, Arms Export Control Act, Atomic Energy Act of 1954, or other statutes requiring U.S. government review. **(c) Final sanctions.** Not later than 210 days after the determination, the President must submit a similar report to congressional committees. If deficiencies persist, the President must prohibit any U.S.-jurisdictional transaction in foreign commerce or financial transfer involving a financial interest of the country. **(d) Termination.** The President must terminate sanctions on or after one year from imposition upon certification of remediation (text incomplete in provided provision).

This section revises the cross-reference in the initial sanctions provision of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to section 306(a)(1)(A) (from section 306(a)(1)).