What This Bill Does
This bill establishes a new policy for the United States to impose sanctions on foreign governments that engage in gross negligence (carelessness that the government knew or should have known would cause injury or damage) with respect to chemical or biological programs they own, operate or control. The bill amends existing laws that address chemical and biological weapons by adding requirements for the President to determine whether foreign governments have acted with gross negligence and to impose specific penalties if they have.
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Who It Affects
- The President of the United States and the executive branch
- Foreign governments accused of gross negligence with chemical or biological programs
- U.S. businesses and exporters
- U.S. federal agencies involved in trade, defense and foreign aid
- Congress, specifically the House Committee on Foreign Affairs, Committee on Financial Services, Senate Committee on Foreign Relations and Senate Committee on Banking, Housing and Urban Affairs
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Key Provisions
- The President must determine within 60 days whether a foreign government has engaged in gross negligence regarding chemical or biological programs, considering physical evidence, attempts to conceal information, and compliance with international weapons treaties. (Sec. 3)
- Within 30 days of making a determination of gross negligence, the President must suspend all scientific cooperation programs, prohibit exports of dual-use technology (goods that have both civilian and military uses), and prevent U.S. government purchases from that country's chemical or biological sectors. (Sec. 3)
- Within 120 days of the determination, the President must decide whether to impose additional sanctions including terminating foreign aid, blocking military sales and restricting export licenses if the foreign government has not adequately addressed the negligence. (Sec. 3)
- Within 210 days of the determination, if the foreign government still has not taken corrective actions, the President must impose final sanctions that include freezing financial transactions and blocking money transfers involving that government. (Sec. 3)
- The President may remove sanctions after 12 months if the foreign government has fixed the problem, taken steps to prevent future negligence, shared information with the U.S. and international organizations, complied with weapons treaties, and made restitution (repayment) to those harmed. (Sec. 3)
- The President must determine within 180 days whether reasonable grounds exist that the Chinese government meets the criteria for gross negligence with respect to a chemical or biological program. (Sec. 4)
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What Changes
If this bill becomes law, the President gains new authority to impose escalating penalties on foreign governments for negligent handling of chemical or biological programs. Currently, U.S. law addresses intentional use or development of these weapons, but this bill adds penalties specifically for gross negligence. Foreign governments found to have engaged in such negligence will face restrictions on receiving U.S. scientific cooperation, technology exports, military sales and foreign aid unless they take corrective steps within specified timeframes.
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Important Definitions
**Gross negligence:** When a foreign government knew or should have known that its actions would cause injury or damage to another foreign state. (Sec. 3)
**Foreign state:** Includes foreign governments and agencies of foreign governments, as well as entities that are directly or indirectly owned or controlled by a foreign government or received significant material support from a foreign government, and that engage in commercial services, shipping, manufacturing, producing or exporting. (Sec. 3)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1288
To amend the Chemical and Biological Weapons Control and Warfare Elimi-
nation 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 Com-
mittee on Foreign Affairs, and in addition to the Committees on Finan-
cial Services, and Oversight and Accountability, for a period to be subse-
quently 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 sanc-
tions 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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•HR 1288 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Holding Countries Ac-
2
countable for Negligent Chemical and Biological Programs
3
Act’’.
4
SEC. 2. STATEMENT OF POLICY.
5
It shall be the policy of the United States to impose
6
sanctions against governments of foreign states, and take
7
other measures if the governments of such foreign states
8
that engage in an act or acts of gross negligence with re-
9
spect to State-owned, operated, or directed chemical or bi-
10
ological programs.
11
SEC. 3. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL
12
WEAPONS CONTROL AND WARFARE ELIMI-
13
NATION ACT OF 1991.
14
(a) PURPOSES AND DEFINITIONS.—Section 502 of
15
the Chemical and Biological Weapons Control and War-
16
fare Elimination Act of 1991 (22 U.S.C. 5601) is amend-
17
ed—
18
(1) in the section heading, by adding at the end
19
before the period the following: ‘‘AND
DEFINI-
20
TIONS’’;
21
(2) by striking ‘‘The purposes’’ and inserting
22
‘‘(a) PURPOSES.—The purposes’’;
23
(3) in paragraph (1)—
24
(A) by striking ‘‘or use’’ and insert ‘‘use’’;
25
and
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•HR 1288 IH
(B) by inserting ‘‘, or engage in an act or
1
acts of gross negligence with respect to a chem-
2
ical or biological program owned, controlled, or
3
directed by, or subject to the jurisdiction of the
4
government of a foreign state’’ after ‘‘nation-
5
als’’; and
6
(4) by adding at the end the following:
7
‘‘(b) DEFINITIONS.—In this Act:
8
‘‘(1) GROSS
NEGLIGENCE.—The term ‘gross
9
negligence’, with respect to an act or acts of a gov-
10
ernment of a foreign state, includes the government
11
knew, or should have known, the act or acts would
12
result in injury or damages to another foreign state
13
or other such foreign states.
14
‘‘(2) FOREIGN
STATE.—The term ‘foreign
15
state’—
16
‘‘(A)(i) has the meaning given that term in
17
subsection (a) of section 1603 of title 28,
18
United States Code; and
19
‘‘(ii) includes an ‘agency or instrumentality
20
of a foreign state’ as that term is defined in
21
subsection (b) of such section; and
22
‘‘(B) includes an entity that is—
23
‘‘(i)(I) directly or indirectly owned,
24
controlled, or beneficially owned by, or in
25
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•HR 1288 IH
an official or unofficial capacity acting as
1
an agent of or on behalf of, the govern-
2
ment of a foreign state; or
3
‘‘(II) received significant material
4
support from the government of a foreign
5
state; and
6
‘‘(ii) engaged in providing commercial
7
services, shipping, manufacturing, pro-
8
ducing, or exporting.’’.
9
(b) DETERMINATIONS REGARDING USE OF CHEM-
10
ICAL
OR BIOLOGICAL WEAPONS.—Section 506 of the
11
Chemical and Biological Weapons Control and Warfare
12
Elimination Act of 1991 (22 U.S.C. 5604) is amended—
13
(1) in subsection (a)—
14
(A) by redesignating paragraph (3) as
15
paragraph (4);
16
(B) by inserting after paragraph (2) the
17
following:
18
‘‘(3) ADDITIONAL
DETERMINATION
BY
THE
19
PRESIDENT.—
20
‘‘(A) WHEN
DETERMINATION
REQUIRED;
21
NATURE OF DETERMINATION.—Whenever cred-
22
ible information becomes available to the execu-
23
tive branch indicating a substantial possibility
24
that, on or after January 1, 2020, the govern-
25
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•HR 1288 IH
ment of a foreign country has engaged in an
1
act or acts of gross negligence with respect to
2
a chemical or biological program owned, con-
3
trolled, or directed by, or subject to the jurisdic-
4
tion of the government of a foreign state, the
5
President shall, within 60 days after the receipt
6
of such information by the executive branch, de-
7
termine whether that government, on or after
8
such date, has engaged in an act or acts of
9
gross negligence with respect to a chemical or
10
biological program owned, controlled, or di-
11
rected by, or subject to the jurisdiction of the
12
government of a foreign state. Section 507 ap-
13
plies if the President determines that that gov-
14
ernment has so engaged in such act or acts of
15
gross negligence.
16
‘‘(B) MATTERS TO BE CONSIDERED.—In
17
making the determination under subparagraph
18
(A), the President shall consider the following:
19
‘‘(i) All physical and circumstantial
20
evidence available bearing on the possibility
21
that the government in question engaged
22
in an act or acts of gross negligence with
23
respect to a chemical or biological program
24
owned, controlled, or directed by, or sub-
25
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•HR 1288 IH
ject to the jurisdiction of the government
1
of a foreign state.
2
‘‘(ii) Whether evidence exists that
3
such program or programs have civilian
4
and military purposes or applications.
5
‘‘(iii) Whether the government in
6
question attempted to conceal or otherwise
7
withhold information from other govern-
8
ments or international organizations re-
9
garding an act or acts of gross negligence.
10
‘‘(iv) Whether, and to what extent,
11
the government in question is compliant
12
with its obligations under the Biological
13
and Toxin Weapons Convention or Conven-
14
tion on the Prohibition of the Develop-
15
ment, Production, Stockpiling and Use of
16
Chemical Weapons and on their Destruc-
17
tion, as applicable.
18
‘‘(v) Whether, and to what extent, the
19
government in question is providing or oth-
20
erwise voluntarily disclosing substantive in-
21
formation to relevant international organi-
22
zations.’’; and
23
(C) in paragraph (4) (as redesignated)—
24
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•HR 1288 IH
(i) in the first sentence, by inserting
1
‘‘or (3)’’ after ‘‘paragraph (1)’’;
2
(ii) in the second sentence, by insert-
3
ing ‘‘under paragraph (1)’’ after ‘‘deter-
4
mination’’; and
5
(iii) by adding at the end the fol-
6
lowing: ‘‘If the determination under para-
7
graph (3) is that a foreign government had
8
engaged in an act or acts of gross neg-
9
ligence with respect to a chemical or bio-
10
logical program owned, controlled, or di-
11
rected by, or subject to the jurisdiction of
12
the government of a foreign state, the re-
13
port shall specify the sanctions to be im-
14
posed pursuant to section 507A.’’; and
15
(2) in subsection (b)—
16
(A) in paragraph (1)—
17
(i) by striking ‘‘whether a particular
18
foreign government’’ and inserting the fol-
19
lowing: ‘‘whether—
20
‘‘(A) a particular foreign government’’;
21
(ii) by striking the period at the end
22
and inserting ‘‘; or’’; and
23
(iii) by adding at the end the fol-
24
lowing:
25
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•HR 1288 IH
‘‘(B) a particular foreign government, on
1
or after January 1, 2020, has engaged in an
2
act of acts of gross negligence with respect to
3
a chemical or biological program owned, con-
4
trolled, or directed by, or subject to the jurisdic-
5
tion of the government of a foreign state.’’; and
6
(B) in paragraph (2)—
7
(i) in the first sentence—
8
(I) by striking ‘‘whether the spec-
9
ified government’’ and inserting the
10
following: ‘‘whether—
11
‘‘(A) the specified government’’;
12
(II) by striking the period at the
13
end and inserting ‘‘; or’’; and
14
(III) by adding at the end the
15
following:
16
‘‘(B) the specified government, on or after
17
January 1, 2020, has engaged in an act or acts
18
of gross negligence with respect to a chemical
19
or biological program owned, controlled, or di-
20
rected by, or subject to the jurisdiction of the
21
government of a foreign state.’’; and
22
(ii) in the second sentence—
23
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•HR 1288 IH
(I) by inserting ‘‘or (3)(B), as
1
applicable’’ after ‘‘subsection (a)(2)’’;
2
and
3
(II) by moving the margin of the
4
second sentence so it has the same
5
level of indentation as margin of the
6
matter preceding subparagraph (A) of
7
the first sentence.
8
(c) SANCTIONS AGAINST FOREIGN STATES WITH RE-
9
SPECT TO CHEMICAL OR BIOLOGICAL PROGRAMS.—The
10
Chemical and Biological Weapons Control and Warfare
11
Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is
12
amended by inserting after section 507 the following:
13
‘‘SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH
14
RESPECT TO CHEMICAL OR BIOLOGICAL
15
PROGRAMS.
16
‘‘(a) INITIAL SANCTIONS.—
17
‘‘(1) IN GENERAL.—If the President makes a
18
determination pursuant to section 506(a)(3) with re-
19
spect to the government of a foreign state, the Presi-
20
dent shall, within 30 days of making such deter-
21
mination, impose the sanctions described in para-
22
graph (2) with respect to the foreign state.
23
‘‘(2) SANCTIONS
DESCRIBED.—The sanctions
24
described in this paragraph are the following:
25
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•HR 1288 IH
‘‘(A) The United States Government shall
1
suspend all scientific cooperative programs and
2
efforts with the government of the foreign state.
3
‘‘(B) The President shall prohibit the ex-
4
port to the foreign state of any goods, services
5
or technology under Category 1 and Category 2
6
of the Commerce Control List.
7
‘‘(C) The United States Government may
8
not procure, or enter into any contract for the
9
procurement of, any goods or services from any
10
person operating in the chemical or biological
11
sectors of the foreign state.
12
‘‘(b) INTERMEDIATE APPLICATION OF SANCTIONS.—
13
‘‘(1) DETERMINATION.—Not later than 120
14
days after making a determination pursuant to sec-
15
tion 506(a)(3) with respect to a government of a for-
16
eign state, the President shall submit to the appro-
17
priate congressional committees a determination as
18
to whether—
19
‘‘(A) such government has adequately ad-
20
dressed an act or acts of gross negligence with
21
respect to a chemical or biological program
22
owned, controlled, or directed by, or subject to
23
the jurisdiction of the government of a foreign
24
state;
25
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•HR 1288 IH
‘‘(B) such government has developed or is
1
developing necessary measures to prevent any
2
future act or acts of gross negligence;
3
‘‘(C) such government is providing or oth-
4
erwise voluntarily disclosing substantive infor-
5
mation to the United States and relevant inter-
6
national organizations; and
7
‘‘(D) such government is compliant with
8
its obligations under the Biological and Toxin
9
Weapons Convention or the Convention on the
10
Prohibition of the Development, Production,
11
Stockpiling and Use of Chemical Weapons and
12
on their Destruction, as applicable.
13
‘‘(2) EFFECT
OF
DETERMINATION.—If the
14
President is unable to certify that a government of
15
a foreign state has taken the actions described in
16
subparagraphs (A), (B), (C), and (D) of paragraph
17
(1), the President shall impose 2 or more of the
18
sanctions described in paragraph (3) with respect to
19
the government of the foreign state.
20
‘‘(3) SANCTIONS
DESCRIBED.—The sanctions
21
described in this paragraph are the following:
22
‘‘(A) The United States Government shall
23
terminate assistance to the government of the
24
foreign state under the Foreign Assistance Act
25
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•HR 1288 IH
of 1961 (22 U.S.C. 2151 et seq.), except for ur-
1
gent humanitarian assistance and food or other
2
agricultural commodities or products.
3
‘‘(B) No sales of any defense articles, de-
4
fense services, or design and construction serv-
5
ices under the Arms Export Control Act (22
6
U.S.C. 2751 et seq.) may be made to the gov-
7
ernment of the foreign state.
8
‘‘(C) No licenses for export of any item on
9
the United States Munitions List that include
10
the government of the foreign state as a party
11
to the license may be granted.
12
‘‘(D) No exports of any goods or tech-
13
nologies controlled for national security reasons
14
under the Export Administration Regulations
15
may be made to the government of the foreign
16
state, except that such prohibition shall not
17
apply to any transaction subject to the report-
18
ing requirements of title V of the National Se-
19
curity Act of 1947 (50 U.S.C. 413 et seq.; re-
20
lating to congressional oversight of intelligence
21
activities).
22
‘‘(E) The President may order the United
23
States Government not to issue any specific li-
24
cense and not to grant any other specific per-
25
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•HR 1288 IH
mission or a
[Text truncated for display. Full text available on Congress.gov.]