[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1288 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1288
To amend the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 to impose sanctions against governments of
foreign states that engage in an act or acts of gross negligence with
respect to state owned, operated, or directed chemical or biological
programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Feenstra introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, and Oversight and Accountability, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 to impose sanctions against governments of
foreign states that engage in an act or acts of gross negligence with
respect to state owned, operated, or directed chemical or biological
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holding Countries Accountable for
Negligent Chemical and Biological Programs Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to impose sanctions
against governments of foreign states, and take other measures if the
governments of such foreign states that engage in an act or acts of
gross negligence with respect to State-owned, operated, or directed
chemical or biological programs.
SEC. 3. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND
WARFARE ELIMINATION ACT OF 1991.
(a) Purposes and Definitions.--Section 502 of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991 (22
U.S.C. 5601) is amended--
(1) in the section heading, by adding at the end before the
period the following: ``and definitions'';
(2) by striking ``The purposes'' and inserting ``(a)
Purposes.--The purposes'';
(3) in paragraph (1)--
(A) by striking ``or use'' and insert ``use''; and
(B) by inserting ``, or engage in an act or acts of
gross negligence with respect to a chemical or
biological program owned, controlled, or directed by,
or subject to the jurisdiction of the government of a
foreign state'' after ``nationals''; and
(4) by adding at the end the following:
``(b) Definitions.--In this Act:
``(1) Gross negligence.--The term `gross negligence', with
respect to an act or acts of a government of a foreign state,
includes the government knew, or should have known, the act or
acts would result in injury or damages to another foreign state
or other such foreign states.
``(2) Foreign state.--The term `foreign state'--
``(A)(i) has the meaning given that term in
subsection (a) of section 1603 of title 28, United
States Code; and
``(ii) includes an `agency or instrumentality of a
foreign state' as that term is defined in subsection
(b) of such section; and
``(B) includes an entity that is--
``(i)(I) directly or indirectly owned,
controlled, or beneficially owned by, or in an
official or unofficial capacity acting as an
agent of or on behalf of, the government of a
foreign state; or
``(II) received significant material
support from the government of a foreign state;
and
``(ii) engaged in providing commercial
services, shipping, manufacturing, producing,
or exporting.''.
(b) Determinations Regarding Use of Chemical or Biological
Weapons.--Section 506 of the Chemical and Biological Weapons Control
and Warfare Elimination Act of 1991 (22 U.S.C. 5604) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) by inserting after paragraph (2) the following:
``(3) Additional determination by the president.--
``(A) When determination required; nature of
determination.--Whenever credible information becomes
available to the executive branch indicating a
substantial possibility that, on or after January 1,
2020, the government of a foreign country has engaged
in an act or acts of gross negligence with respect to a
chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state, the President shall,
within 60 days after the receipt of such information by
the executive branch, determine whether that
government, on or after such date, has engaged in an
act or acts of gross negligence with respect to a
chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state. Section 507 applies if
the President determines that that government has so
engaged in such act or acts of gross negligence.
``(B) Matters to be considered.--In making the
determination under subparagraph (A), the President
shall consider the following:
``(i) All physical and circumstantial
evidence available bearing on the possibility
that the government in question engaged in an
act or acts of gross negligence with respect to
a chemical or biological program owned,
controlled, or directed by, or subject to the
jurisdiction of the government of a foreign
state.
``(ii) Whether evidence exists that such
program or programs have civilian and military
purposes or applications.
``(iii) Whether the government in question
attempted to conceal or otherwise withhold
information from other governments or
international organizations regarding an act or
acts of gross negligence.
``(iv) Whether, and to what extent, the
government in question is compliant with its
obligations under the Biological and Toxin
Weapons Convention or Convention on the
Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on
their Destruction, as applicable.
``(v) Whether, and to what extent, the
government in question is providing or
otherwise voluntarily disclosing substantive
information to relevant international
organizations.''; and
(C) in paragraph (4) (as redesignated)--
(i) in the first sentence, by inserting
``or (3)'' after ``paragraph (1)'';
(ii) in the second sentence, by inserting
``under paragraph (1)'' after
``determination''; and
(iii) by adding at the end the following:
``If the determination under paragraph (3) is
that a foreign government had engaged in an act
or acts of gross negligence with respect to a
chemical or biological program owned,
controlled, or directed by, or subject to the
jurisdiction of the government of a foreign
state, the report shall specify the sanctions
to be imposed pursuant to section 507A.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``whether a particular
foreign government'' and inserting the
following: ``whether--
``(A) a particular foreign government'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(B) a particular foreign government, on or after
January 1, 2020, has engaged in an act of acts of gross
negligence with respect to a chemical or biological
program owned, controlled, or directed by, or subject
to the jurisdiction of the government of a foreign
state.''; and
(B) in paragraph (2)--
(i) in the first sentence--
(I) by striking ``whether the
specified government'' and inserting
the following: ``whether--
``(A) the specified government'';
(II) by striking the period at the
end and inserting ``; or''; and
(III) by adding at the end the
following:
``(B) the specified government, on or after January
1, 2020, has engaged in an act or acts of gross
negligence with respect to a chemical or biological
program owned, controlled, or directed by, or subject
to the jurisdiction of the government of a foreign
state.''; and
(ii) in the second sentence--
(I) by inserting ``or (3)(B), as
applicable'' after ``subsection
(a)(2)''; and
(II) by moving the margin of the
second sentence so it has the same
level of indentation as margin of the
matter preceding subparagraph (A) of
the first sentence.
(c) Sanctions Against Foreign States With Respect to Chemical or
Biological Programs.--The Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is amended by
inserting after section 507 the following:
``SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH RESPECT TO CHEMICAL
OR BIOLOGICAL PROGRAMS.
``(a) Initial Sanctions.--
``(1) In general.--If the President makes a determination
pursuant to section 506(a)(3) with respect to the government of
a foreign state, the President shall, within 30 days of making
such determination, impose the sanctions described in paragraph
(2) with respect to the foreign state.
``(2) Sanctions described.--The sanctions described in this
paragraph are the following:
``(A) The United States Government shall suspend
all scientific cooperative programs and efforts with
the government of the foreign state.
``(B) The President shall prohibit the export to
the foreign state of any goods, services or technology
under Category 1 and Category 2 of the Commerce Control
List.
``(C) The United States Government may not procure,
or enter into any contract for the procurement of, any
goods or services from any person operating in the
chemical or biological sectors of the foreign state.
``(b) Intermediate Application of Sanctions.--
``(1) Determination.--Not later than 120 days after making
a determination pursuant to section 506(a)(3) with respect to a
government of a foreign state, the President shall submit to
the appropriate congressional committees a determination as to
whether--
``(A) such government has adequately addressed an
act or acts of gross negligence with respect to a
chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state;
``(B) such government has developed or is
developing necessary measures to prevent any future act
or acts of gross negligence;
``(C) such government is providing or otherwise
voluntarily disclosing substantive information to the
United States and relevant international organizations;
and
``(D) such government is compliant with its
obligations under the Biological and Toxin Weapons
Convention or the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, as
applicable.
``(2) Effect of determination.--If the President is unable
to certify that a government of a foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
paragraph (1), the President shall impose 2 or more of the
sanctions described in paragraph (3) with respect to the
government of the foreign state.
``(3) Sanctions described.--The sanctions described in this
paragraph are the following:
``(A) The United States Government shall terminate
assistance to the government of the foreign state under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), except for urgent humanitarian assistance and
food or other agricultural commodities or products.
``(B) No sales of any defense articles, defense
services, or design and construction services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) may be
made to the government of the foreign state.
``(C) No licenses for export of any item on the
United States Munitions List that include the
government of the foreign state as a party to the
license may be granted.
``(D) No exports of any goods or technologies
controlled for national security reasons under the
Export Administration Regulations may be made to the
government of the foreign state, except that such
prohibition shall not apply to any transaction subject
to the reporting requirements of title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.;
relating to congressional oversight of intelligence
activities).
``(E) The President may order the United States
Government not to issue any specific license and not to
grant any other specific permission or authority to
export any goods or technology to the government of the
foreign state under--
``(i) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.);
``(ii) the Arms Export Control Act (22
U.S.C. 2751 et seq.);
``(iii) the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.); or
``(iv) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or
reexport of goods or services.
``(c) Final Application of Sanctions.--
``(1) Determination.--Not later than 210 days after making
a determination pursuant to section 506(a)(3) with respect to a
government of a foreign state, the President shall submit to
the appropriate congressional committees a determination as to
whether the government of the foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
subsection (b)(1).
``(2) Effect of determination.--If the President is unable
to certify that a government of a foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
subsection (b)(1), the President shall impose the sanctions
described in paragraph (3) with respect to the government of
the foreign state.
``(3) Sanctions.--The sanctions described in this paragraph
are the following:
``(A) The President shall, pursuant to such
regulations as the President may prescribe, prohibit
any transactions in foreign exchange that are subject
to the jurisdiction of the United States and in which
the government of the foreign state has any interest.
``(B) The President shall, pursuant to such
regulations as the President may prescribe, prohibit
any transfers of credit or payments between one or more
financial institutions or by, through, or to any
financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
government of the foreign state.
``(d) Removal of Sanctions.--The President shall remove the
sanctions imposed with respect to the government of a foreign state
pursuant to this section if the President determines and so certifies
to the Congress, after the end of the 12-month period beginning on the
date on which sanctions were initially imposed on that government of a
foreign state pursuant to subsection (a), that--
``(1) such government has adequately addressed an act or
acts of gross negligence with respect to a chemical or
biological program owned, controlled, or directed by, or
subject to the jurisdiction of the government of a foreign
state;
``(2) such government has developed or is developing
necessary measures to prevent any future act or acts of gross
negligence;
``(3) such government is providing or otherwise voluntarily
disclosing substantive information to the United States and
relevant international organizations;
``(4) such government is compliant with its obligations
under the Biological and Toxin Weapons Convention or Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on their Destruction, as
applicable; and
``(5) such government is making restitution to those
affected by an act or acts of gross negligence with respect to
a chemical or biological program owned, controlled, or directed
by, or subject to the jurisdiction of the government of a
foreign state, including United States persons.
``(e) Waiver.--
``(1) In general.--The President may, for periods not to
exceed 180 days, waive the imposition of sanctions under this
section if the President certifies to the appropriate
congressional committees that such waiver is vital to the
national security interests of the United States.
``(2) Sunset.--The President may not exercise the authority
described in paragraph (1) beginning on the date that is 4
years after the date of enactment of this section.
``(f) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate.''.
SEC. 4. DETERMINATION REGARDING THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall determine whether reasonable
grounds exist for concluding that the Government of the People's
Republic of China meets the criteria for engaging in an act or acts of
gross negligence with respect to a chemical or biological program
owned, controlled, or directed by, or subject to the jurisdiction of
that government under section 506(a)(3) of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991, as amended by
section 3 of this Act.
(b) Report Required.--
(1) In general.--Not later than 30 days after making a
determination under subsection (a), the President shall submit
to the appropriate congressional committees a report that
includes the reasons for the determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 5. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 180 days after
the date of the enactment of this Act, prescribe regulations as
necessary for the implementation of this Act and the amendments made by
this Act.
(b) Notification to Congress.--Not later than 10 days before the
prescription of regulations under subsection (a), the President shall
notify the appropriate congressional committees regarding the proposed
regulations and the provisions of this Act and the amendments made by
this Act that the regulations are implementing.
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
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