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 section heading, by inserting before the period the following: ; 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 who is an official, employee, or agent of a foreign governmental entity has committed a covered act, the President shall, not later than 60 days after the receipt of that information by the President, determine whether the individual committed a covered act.
The President shall impose the sanctions described in section 310 with respect to the individual if the President determines that the individual has committed a covered act. ; in paragraph (2)— by redesignating subparagraphs
(A)through
(E)as clauses
(i)through (v), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; and by striking In making the determination under paragraph
(1)and inserting the following: In making the determination under paragraph (1)(A) ; and by adding at the end the following: In making a determination under paragraph (1)(B) with respect to whether an individual who is an official, employee, or agent of a foreign governmental entity has committed a covered act, the President shall consider the following: Physical and circumstantial evidence available relevant to the possibility that the individual committed a covered act. Whether evidence exists that the chemical or biological program associated with the covered act has a civilian or military purpose or application. 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 entity. Whether, and to what extent, 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 organizations. Whether, and to what extent, the government of that country is compliant with the obligations of the country under each covered treaty. ; and in paragraph (3)— by striking Upon and inserting the following: Upon ; by striking If the determination is and inserting the following: If the determination is a determination under paragraph (1)(A) ; and by adding at the end the following: If the determination is a determination under paragraph (1)(B) that an individual has committed a covered act, the report shall specify the sanctions to be imposed pursuant to section 310. ; and in subsection (b)— in paragraph (1)— by striking whether a particular and inserting the following: “whether— a particular ; and by striking the period and inserting the following: “; or a particular individual, on or after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act , has committed a covered act. ; and in paragraph (2)— by striking Not later and inserting the following: Not later ; by striking whether the specified and inserting the following: “whether— the specified ; by striking nationals. This report and inserting the following: “nationals; or the specified individual, on or after the date of the enactment of the Countering Beijing’s Weaponization of Fentanyl Act , has committed a covered act. Each report provided under this paragraph ; and by striking subsection (a)(2) and inserting subparagraph
(A)or
(B)of subsection (a)(2), as applicable .
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Sec. 3
Presidential reporting requirements
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