S. 63 — CBW Fentanyl Act

This section revises the purposes of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 by expanding the criteria for countries subject to U.S. sanctions and international sanctions encouragement to include, in addition to those that use chemical or biological weapons in violation of international law or use lethal chemical or biological weapons against their own nationals, countries that commit an act concerning a chemical or biological program that results in injury or damages to another country. (Thus, the act—which mandates sanctions against such countries and companies aiding chemical or biological weapons proliferation—broadens potential sanction targets.) The section also redesignates paragraphs (2) through (4) as paragraphs (3) through (5), respectively.

This section revises the presidential determination and reporting requirements under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604)—which previously required determinations solely on foreign government use of chemical or biological weapons—to also cover whether individuals who are officials, employees, or agents of foreign governmental entities have committed a covered act concerning a chemical or biological program on or after the date of enactment of the Countering Beijing’s Weaponization of Fentanyl Act. Specifically, it (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 the act; (2) directs the President to consider five factors in such determinations, including physical evidence, program purpose (civilian or military), concealment efforts, voluntary disclosures, and treaty compliance; and (3) mandates reporting the determination and specified sanctions to Congress. The section further updates the section heading to reference "acts concerning a chemical or biological program" and expands congressional committee requests and related presidential reports under subsection (b) to encompass these individual determinations.

This section establishes a tiered sanctions regime under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 against the 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 certain chemical or biological weapons activities. **(a) Initial sanctions.** Not later than 30 days after the determination, the President shall (1) suspend all U.S. scientific cooperative programs and agreements with the country; (2) prohibit exports, reexports, or in-country transfers 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 shall report to specified congressional committees on whether the entity or country has adequately addressed the activity, provided information to the United States and international organizations, developed preventive measures, and complied with covered treaties. If the report indicates deficiencies, the President shall 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 exports, reexports, or in-country transfers of items controlled under the Export Control Reform Act of 2018 (except transactions reported under title V of the National Security Act of 1947); or (C) prohibition on licenses for items on the United States Munitions List if the country is a party. The President may also prohibit issuance of export licenses under the Export Control Reform Act of 2018, Arms Export Control Act, Atomic Energy Act of 1954, or other relevant statutes. **(c) Final sanctions.** Not later than 210 days after the determination, the President shall submit a similar report. If deficiencies persist, the President shall prohibit any U.S.-jurisdiction transaction in foreign commerce or involving financial transfers that includes a financial interest of the country. **(d) Termination.** The President shall terminate the sanctions on or after one year from the initial imposition upon certification (text incomplete in provided provision).

This section revises the cross-reference in the introductory clause of 22 U.S.C. 5605(a)—which requires the President to impose initial sanctions upon a specified determination—to section 306(a)(1)(A) (from section 306(a)(1)).