# What This Bill Does: Holding Countries Accountable for Chemical and Biological Safety

This bill creates a new system for punishing foreign governments that are careless or reckless with dangerous chemical and biological weapons programs. Essentially, it says that if a country's government runs a chemical or biological weapons program and is grossly negligent about it—meaning they knew or should have known their carelessness could harm other countries—the United States can impose serious penalties.

The bill defines "gross negligence" as situations where a government knew or should have known that their actions with these dangerous programs would cause injury or damage to another country. Once the President determines that a foreign government has been grossly negligent with such a program, a series of escalating sanctions automatically kick in. First, the U.S. stops all scientific cooperation with that country and bans exports of sensitive technology and goods. If the country doesn't fix the problem within 120 days, harsher penalties follow: the U.S. cuts off foreign aid (except humanitarian help), stops selling weapons and military equipment, and blocks exports of defense items. If the country still hasn't addressed the problem after 210 days, the most severe sanctions take effect, including freezing any assets the foreign government has in the U.S. and blocking financial transactions involving that country.

The bill specifically requires the President to investigate whether China's government meets these criteria within 180 days of the law passing. Countries can get sanctions lifted if they prove they've fixed the problem, developed safeguards to prevent future incidents, are sharing information with the U.S. and international organizations, are following international chemical and biological weapons treaties, and are compensating anyone harmed by their negligence. The President can temporarily waive sanctions if national security requires it, but only for up to four years after the law takes effect.

Holding Countries Accountable for Negligent Chemical and Biological Programs Act

Feenstra, Randy

Holding Countries Accountable for Negligent Chemical and Biological Programs Act This bill authorizes initial, intermediate, and final sanctions against countries that act grossly negligent (i.e., knew or should have known that an act or acts would harm another foreign state) with respect to a chemical or biological weapons program. If the President determines that a country acted with gross negligence, the President must impose the initial sanctions (e.g., suspending scientific cooperative programs and restricting U.S. government contracting with entities operating in chemical or biological sectors of a sanctioned country) within 30 days. Within 120 days of making the determination of gross negligence, the President must determine whether the country has taken adequate steps to redress its sanctionable conduct. If the country has not taken adequate steps, the President must impose intermediate sanctions (e.g., terminating most foreign aid and prohibiting arms transactions). Within 210 days of making the determination of gross negligence, the President must again determine whether the country has taken adequate steps to redress its sanctionable conduct. If the country has not taken adequate steps, the President must impose final sanctions (e.g., prohibiting certain transactions in foreign exchange or transfers of credit or payment). The sanctions may be removed 12 months after the initial sanctions were imposed if the President certifies a country adequately redressed the sanctionable conduct. The bill also authorizes waivers of the sanctions, subject to certain restrictions. Furthermore, the President must determine and report to Congress about whether China meets the criteria for gross negligence with respect to its chemical or biological weapons program.