Presidential reporting requirements

Section 306 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604) is amended— (1) in the section heading, by inserting before the period the following: or acts concerning a chemical or biological program; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking Whenever and inserting the following: (A) Determination regarding chemical or biological weapons Whenever; and (ii) by adding at the end the following: (B) Determination regarding chemical or biological program 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.; (B) in paragraph (2)— (i) 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; (ii) by striking In making the determination under paragraph (1) and inserting the following: (A) Considerations regarding chemical or biological weapons In making the determination under paragraph (1)(A); and (iii) by adding at the end the following: (B) Considerations regarding chemical or biological program 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: (i) Physical and circumstantial evidence available relevant to the possibility that the individual committed a covered act. (ii) Whether evidence exists that the chemical or biological program associated with the covered act has a civilian or military purpose or application. (iii) 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. (iv) 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. (v) Whether, and to what extent, the government of that country is compliant with the obligations of the country under each covered treaty.; and (C) in paragraph (3)— (i) by striking Upon and inserting the following: (A) In general Upon; (ii) by striking If the determination is and inserting the following: (B) Report requirements (i) Requirements for chemical or biological weapons determination If the determination is a determination under paragraph (1)(A); and (iii) by adding at the end the following: (ii) Requirements for chemical or biological program determination 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 (3) in subsection (b)— (A) in paragraph (1)— (i) by striking whether a particular and inserting the following: “whether— (A) a particular; and (ii) by striking the period and inserting the following: “; or (B) 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 (B) in paragraph (2)— (i) by striking Not later and inserting the following: (A) In general Not later; (ii) by striking whether the specified and inserting the following: “whether— (i) the specified; (iii) by striking nationals. This report and inserting the following: “nationals; or (ii) 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. (B) Report contents Each report provided under this paragraph; and (iv) by striking subsection (a)(2) and inserting subparagraph (A) or (B) of subsection (a)(2), as applicable.