CBW Fentanyl Act

Bill Number

H.R. 7552

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

International Affairs

Status

Introduced

Latest Action

2026-02-12: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-05-11T16:33:15Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Countering Beijing's Weaponization of Fentanyl Act" (or "CBW Fentanyl Act"), aims to expand U.S. sanctions authority to address foreign chemical or biological programs that cause harm to other countries. It specifically targets programs involving substances like fentanyl precursors, which can be used to injure or damage nations (e.g., through drug-related crises), beyond just traditional chemical or biological weapons. The goal is to deter such acts by foreign governments and hold them accountable through phased sanctions.

Key Provisions

• Expanded Purposes (Section 2): Amends the 1991 Chemical and Biological Weapons Control and Warfare Elimination Act to include sanctions for foreign countries that violate international law with chemical or biological weapons, use them against nationals, or commit acts related to chemical or biological programs causing injury or damage to another country.

• Presidential Reporting and Determinations (Section 3):
• Requires the President to investigate credible information about "covered acts" (acts by foreign government officials, employees, or agents involving harmful chemical or biological programs) within 60 days and impose sanctions if confirmed.
• Outlines factors for determination, such as physical evidence, the program's civilian vs. military purpose, attempts to conceal information, voluntary disclosures, and compliance with international treaties like the Biological Weapons Convention and Chemical Weapons Convention.
• Mandates reports to Congress on determinations, including details on sanctions to be applied.

• Phased Sanctions on Foreign Countries (Section 4, New Section 310):
• Initial Sanctions (within 30 days of determination): Suspend U.S. scientific cooperation; ban exports of certain controlled items (e.g., under Categories 1 or 2 of the Commerce Control List, which covers sensitive technologies); prohibit U.S. procurement from the country's chemical or biological sectors.
• Intermediate Sanctions (after 120 days, if issues persist): At least two additional measures, such as cutting non-humanitarian foreign aid, broader export bans (under the Export Control Reform Act), or blocking arms export licenses. The President may also restrict other exports under laws like the Arms Export Control Act.
• Final Sanctions (after 210 days, if unresolved): Prohibit U.S.-jurisdictional financial transactions involving the country.
• Termination of Sanctions: Possible after one year if the foreign entity addresses the act, provides restitution (including to U.S. nationals), discloses information, prevents future acts, and complies with treaties.
• Waiver Authority: The President can waive sanctions for up to 180 days if vital to U.S. national security, but this expires after five years.

• Definitions (Section 4, New Section 311):
• "Chemical or biological program" includes developing or distributing chemical/biological weapons or fentanyl-related precursors (e.g., benzylfentanyl, 4-anilinopiperidine, norfentanyl precursors).
• "Covered act" is a knowing act by a foreign government-linked individual causing injury to another country via such a program.
• Other terms clarify entities (e.g., foreign governmental entity includes state agencies or supported companies) and regulations (e.g., Export Administration Regulations).

• Conforming Amendment (Section 5): Updates references in the 1991 Act to align with the new provisions.

Significant Changes to Existing Law

• Broadens the 1991 Act's focus from solely chemical/biological weapons proliferation and use to include non-weapon programs (e.g., fentanyl production) that harm other countries, even if not directly militarized.
• Introduces mandatory, escalating sanctions on entire countries (not just individuals) tied to "covered acts," with structured timelines and reporting to Congress.
• Adds specific considerations for determinations (e.g., evidence of concealment or treaty compliance) and new termination/waiver mechanisms, shifting from discretionary to more required actions.

Potential Impacts

• On Government Agencies: Increases workload for the President, State Department, and Commerce Department in investigations, determinations, and sanction implementation; requires more congressional reporting, potentially enhancing oversight but straining resources.
• On Citizens: U.S. nationals harmed by such acts (e.g., fentanyl-related deaths) could benefit from required restitution; however, broader export/procurement bans might raise costs for U.S. consumers or businesses reliant on international trade.
• On International Relations: Could strain ties with targeted countries (implicitly China, given the title), escalating tensions over issues like the opioid crisis; promotes compliance with global treaties but risks retaliatory measures or trade disruptions.

Main Stakeholders Affected

• U.S. Government: Executive branch (President for determinations and waivers) and Congress (for reports and oversight); agencies like Commerce and State for enforcement.
• Foreign Governments and Entities: Primarily countries like China involved in chemical/biological programs; their officials, agencies, and state-supported companies face sanctions, investigations, and compliance pressures.
• U.S. Businesses and Exporters: Companies in science, technology, arms, and finance sectors may face export bans, procurement restrictions, or transaction prohibitions, affecting operations in sanctioned countries.
• Injured Countries and Citizens: Nations harmed by these programs (e.g., the U.S. from fentanyl imports) gain tools for accountability and potential restitution; affected individuals (including U.S. nationals) could receive compensation.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens the U.S. sanctions framework under international law by linking it to treaty compliance, but definitions like "covered act" (requiring knowledge of harm) could lead to disputes over evidence standards or attribution to governments.
• Constitutional: Reinforces executive authority in foreign affairs (e.g., presidential determinations) while mandating congressional notifications, balancing powers under Article II; waiver limits prevent indefinite executive discretion.
• Political: Signals a targeted U.S. response to geopolitical threats like fentanyl as "weaponization," potentially bipartisan (introduced by members from both parties) but controversial for risking economic fallout or diplomatic isolation; the five-year waiver sunset adds urgency to enforcement.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Moore, Barry [R-AL-1]

Cosponsors (2)

Rep. Smith, Christopher H. [R-NJ-4], Rep. Moolenaar, John R. [R-MI-2]

Recent Actions

• 2026-02-12: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-02-12: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-02-12: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-02-12: Introduced in House
• 2026-02-12: Introduced in House

Bill Versions

• Countering Beijing’s Weaponization of Fentanyl Act — issued 2026-02-12 — PDF (18 pages)

Related Bills

• S. 63 (119th Congress)