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119-s-63119th Congress

CBW Fentanyl Act

Sponsored By: Senator Banks, Jim [R-IN]

Introduced

Summary

Broadens U.S. sanctions to target chemical and biological programs — explicitly including fentanyl precursors — and creates an escalating sanctions and reporting system. This bill would amend the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to widen who can be sanctioned and to tie sanctions to foreign acts causing injury or damage using chemical or biological programs.

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  • Foreign governments and entities: Expands the definition of covered actors to include national and subnational governments, agencies, state-controlled entities, and entities that receive significant material support. These actors could be designated for sanctions when linked to covered chemical or biological acts.
  • Layered sanctions and trade effects: Establishes a three-stage sanctions path. Initial steps suspend scientific cooperation and bar certain exports and procurements, intermediate steps can cut foreign assistance and tighten export controls, and final steps can block transactions and U.S. financial actions.
  • Reporting, relief, and presidential authority: Requires timely presidential determinations and congressional reports, allows sanctions to terminate after one year if conditions are met, and permits a presidential waiver for up to 180 days when needed for national security.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Broader definitions for foreign chemical acts

If enacted, the bill would widen what counts as a covered act and which actors can trigger U.S. action. A covered act would be one by an official, employee, or agent who knew or should have known it would harm another country. "Chemical or biological program" would explicitly include benzylfentanyl, 4-anilinopiperidine, and norfentanyl precursors. The term "foreign governmental entity" would also cover government-controlled companies, agents acting for a government, and entities getting significant government support.

Timelines for layered sanctions

If enacted, the bill would make the President follow a fixed timeline after credible evidence of a covered act. The President would decide within 60 days whether a covered act likely occurred. If yes, initial sanctions must start within 30 days, such as suspending scientific cooperation and blocking certain Category 1 or 2 export items and procurement from chemical or biological firms. The President must report to Congress in 120 days and, if the country has not cooperated, add at least two intermediate sanctions. By 210 days, the President must restrict certain foreign commerce and financial transfers. Sanctions could end after one year only if the President certifies fixes, restitution to harmed persons (including U.S. nationals), substantive cooperation, preventive measures, and treaty compliance.

Limited presidential waiver for sanctions

If enacted, the bill would let the President waive required sanctions for up to 180 days if needed for national security. The President must certify the waiver to the House Foreign Affairs and Senate Foreign Relations committees. The President may extend or renew the waiver in additional 180-day periods. This waiver authority would expire five years after enactment.

Sponsors & CoSponsors

Sponsor

Banks, Jim [R-IN]

IN • R

Cosponsors

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 1/9/2025

  • Sen. Moreno, Bernie [R-OH]

    OH • R

    Sponsored 1/9/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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