Sec. 3. Presidential reporting requirements
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Section 306 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 ( 22 U.S.C. 5604 ) is amended— in the heading, by striking the period and inserting ; or acts concerning a chemical or biological program. in subsection (a)— in paragraph (1)— by striking Whenever and inserting the following: Whenever ; and by adding at the end the following: Whenever credible information becomes available to the President indicating a substantial possibility that, on or after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act , an individual has committed a covered act, the President shall, not later than 60 days after the receipt of such information by the President, determine whether such individual committed a covered act.
The President shall impose the sanctions described in section 310 with respect to an individual if the President determines that such individual has committed a covered act. ; in paragraph (2)— by striking In making the determination under paragraph
(1)and inserting: In making the determination under paragraph (1)(A) ; by redesignating subparagraphs
(A)through
(E)as clauses
(i)through (v), respectively, and by moving such redesignated clauses 2 ems to the right; and by adding at the end the following: In making a determination under paragraph (1)(B), the President shall consider the following: Physical and circumstantial evidence available relevant to the possibility that the individual in question committed a covered act. Whether evidence exists that the chemical or biological program associated with such covered act has a civilian or military purpose or application. Whether the foreign governmental entity of which such individual was an official, employee, or agent attempted to conceal or withhold information regarding a covered act from a relevant international organization or a foreign country other than the foreign country most closely associated with such entity. Whether, and to what extent, the foreign country most closely associated with such entity is compliant with the obligations of such country under a covered treaty. Whether, and to what extent, such entity has voluntarily disclosed substantive information regarding such covered act to relevant international organizations. ; and in paragraph (3)— by striking Upon and inserting the following: Upon ; by striking If the determination and inserting the following: If the determination under paragraph (1)(A) ; and by adding at the end the following: If the determination under paragraph (1)(B) is that an individual has committed a covered act, the report shall specify the sanctions to be imposed pursuant to section 310 of this title. ; and in subsection (b)— in paragraph (1)— by striking whether a and inserting whether— a ; and by striking the period after nationals and inserting ; or a particular individual, on or after January 1, 2023, has committed a covered act. ; and in paragraph (2)— by striking Not later and inserting the following: Not later ; by striking whether the and inserting ; whether— the ; by striking nationals. This report and inserting nationals; or the specified individual, on or after January 1, 2023, has committed a covered act. Each report provided under this paragraph ; and by striking subsection (a)(2) and inserting subparagraphs
(A)or
(B)of subsection (a)(2), as applicable .
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Sec. 3
Presidential reporting requirements
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