H.R. 7552

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7552 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7552

To amend the Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 to impose sanctions on foreign countries in 
response to acts concerning chemical or biological programs that cause 
injury to other foreign countries, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 12, 2026

Mr. Moore of Alabama (for himself, Mr. Smith of New Jersey, and Mr. 
Moolenaar) introduced the following bill; which was 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

_______________________________________________________________________

A BILL

To amend the Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 to impose sanctions on foreign countries in 
response to acts concerning chemical or biological programs that cause 
injury to other foreign countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Countering Beijing's Weaponization 
of Fentanyl Act'' or the ``CBW Fentanyl Act''.

SEC. 2. PURPOSES.

Section 302 of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991 (22 U.S.C. 5601) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as 
paragraphs (3), (4), and (5), respectively;
(2) by striking ``that use chemical'' and inserting the 
following: ``that--
``(A) use chemical'';
(3) by striking ``law or use'' and inserting the following: 
``law;
``(B) use''; and
(4) by striking ``nationals, and to impose'' and inserting 
the following: ``nationals; or
``(C) commit an act concerning a chemical or 
biological program that results in injury or damages to 
another country; and
``(2) to impose''.

SEC. 3. 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''.

SEC. 4. REQUIRED SANCTIONS ON FOREIGN COUNTRIES IN RESPONSE TO CERTAIN 
ACTS CONCERNING CHEMICAL OR BIOLOGICAL PROGRAM.

The Chemical and Biological Weapons Control and Warfare Elimination 
Act of 1991 (22 U.S.C. 5601 et seq.) is amended by adding at the end 
the following:

``SEC. 310. SANCTIONS ON FOREIGN COUNTRIES IN RESPONSE TO ACTS 
CONCERNING CHEMICAL OR BIOLOGICAL PROGRAMS.

``(a) Initial Sanctions.--If the President makes a determination 
pursuant to section 306(a)(1)(B) with respect to an individual who is 
an official, employee, or agent of a foreign governmental entity, the 
President shall, not later than 30 days of making the determination, 
impose the following sanctions with respect to the foreign country most 
closely associated with that entity:
``(1) Suspension of all scientific cooperative programs and 
agreements between the United States and that country.
``(2) A prohibition on the export, reexport, or in-country 
transfer of items classified under Category 1 or Category 2 of 
the Commerce Control List to or in that country.
``(3) A prohibition on the procurement of, or entry into a 
contract to procure, a good or service from a person operating 
in the chemical or biological sectors of the economy of that 
country.
``(b) Intermediate Application of Sanctions.--
``(1) Report to congress.--Not later than 120 days after 
making a determination pursuant to section 306(a)(1)(B) with 
respect to an individual who is an official, employee, or agent 
of a foreign governmental entity, the President shall submit to 
the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate a report that states whether--
``(A) the foreign governmental entity or the 
government of the foreign country most closely 
associated with that entity--
``(i) has adequately addressed the covered 
act that was the basis for the determination;
``(ii) has voluntarily provided substantive 
information regarding the covered act to the 
United States Government and relevant 
international organizations; and
``(iii) has developed or is developing 
measures to prevent the commission of covered 
acts in the future; and
``(B) the government of that country is compliant 
with the obligations of the country under each covered 
treaty.
``(2) Sanctions required.--If the report required by 
paragraph (1) states that any action described in paragraph (1) 
has not been taken by the foreign governmental entity or the 
government of the foreign country, as applicable, the President 
shall impose not fewer than 2 of the following sanctions with 
respect to the foreign country:
``(A) Termination of assistance provided to the 
country pursuant to the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.), except for urgent 
humanitarian assistance, food, or other agricultural 
commodities or products.
``(B) A prohibition on the export, reexport, or in-
country transfer of items controlled under the Export 
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) to 
or in the country, including items controlled for 
reasons related to the national security interests of 
the United States under the Export Administration 
Regulations, except that such prohibition shall not 
apply to a transaction subject to the reporting 
requirements of title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.).
``(C) A prohibition on the issuance of a license 
for the export, reexport, or retransfer of an item on 
the United States Munitions List (established pursuant 
to section 38 of the Arms Export Control Act (22 U.S.C. 
2778)) if the license includes the country as a party.
``(3) Additional sanctions authorized.--
``(A) In general.--The President may order the 
United States Government not to issue a license or 
grant a specific permission or authority under a 
provision of law described in subparagraph (B) to 
export a good or service to a foreign country subject 
to sanctions imposed under paragraph (2).
``(B) Provisions of law described.--The provisions 
of law described in this subparagraph are the 
following:
``(i) The Export Control Reform Act of 2018 
(50 U.S.C. 4801 et seq.).
``(ii) The Arms Export Control Act (22 
U.S.C. 2751 et seq.).
``(iii) The Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.).
``(iv) Any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export of 
goods or services.
``(c) Final Application of Sanctions.--
``(1) Presidential determination.--Not later than 210 days 
after making a determination pursuant to section 306(a)(1)(B) 
with respect to an individual who is an official, employee, or 
agent of a foreign governmental entity, the President shall 
submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate a report that states whether--
``(A) the foreign governmental entity or the 
government of the foreign country most closely 
associated with that entity--
``(i) has adequately addressed the covered 
act that was the basis for the determination;
``(ii) has voluntarily provided substantive 
information regarding the covered act to the 
United States Government and relevant 
international organizations; and
``(iii) has developed or is developing 
measures to prevent the commission of covered 
acts in the future; and
``(B) the government of the country is compliant 
with the obligations of the country under each covered 
treaty.
``(2) Effect of determination.--If the report required by 
paragraph (1) states that any action described in paragraph (1) 
has not been taken by the foreign governmental entity or the 
government of the foreign country, as applicable, the President 
shall prohibit any transaction that--
``(A) is--
``(i) in foreign commerce; or
``(ii) a transfer of credit or payment by, 
through, or to a financial institution;
``(B) is subject to the jurisdiction of the United 
States; and
``(C) involves a financial interest of the country.
``(d) Termination of Sanctions.--The President shall terminate each 
sanction imposed with respect to a foreign country pursuant to this 
section if, on or after the date that is 1 year after the first date on 
which the sanction was imposed, the President certifies to Congress 
that--
``(1) the government of the country, or the foreign 
governmental entity of which the individual who committed the 
covered act that was the basis for the imposition of such 
sanctions was an official, employee, or agent--
``(A) has adequately addressed the act;
``(B) has made or is making restitution to persons 
harmed by the covered act, including United States 
nationals;
``(C) has voluntarily provided substantive 
information regarding the covered act to the United 
States Government and relevant international 
organizations; and
``(D) has developed or is developing measures to 
prevent the commission of covered acts in the future; 
and
``(2) the government of the country is compliant with the 
obligations of the country under each covered treaty.
``(e) Waiver.--
``(1) In general.--The President may, for periods of not 
more than 180 days, waive the imposition of sanctions required 
under this section if the President certifies to the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate that the waiver is 
vital to the national security interests of the United States.
``(2) Sunset.--The President may not exercise the authority 
described in paragraph (1) on or after the date that is 5 years 
after the date of the enactment of the Countering Beijing's 
Weaponization of Fentanyl Act.

``SEC. 311. DEFINITIONS.

``In this title:
``(1) Chemical or biological program.--The term `chemical 
or biological program' means a program to produce, develop, or 
distribute--
``(A) a chemical or biological weapon;
``(B) benzylfentanyl;
``(C) 4-anilinopiperidine; or
``(D) norfentanyl precursors.
``(2) Commerce control list.--The term `Commerce Control 
List' means the list maintained by the Bureau of Industry and 
Security of the Department of Commerce and set forth in 
Supplement No. 1 to part 774 of the Export Administration 
Regulations.
``(3) Covered act.--The term `covered act' means an act by 
an individual who is an official, employee, or agent of a 
foreign governmental entity, if--
``(A) the individual knew or should have known that 
the act would result in injury or damages to a foreign 
country other than the foreign country most closely 
associated with that entity; and
``(B) the act concerns a chemical or biological 
program that is owned, controlled, or directed by, or 
subject to the jurisdiction of, that entity.
``(4) Covered treaty.--The term `covered treaty' means--
``(A) the Convention on the Prohibition of the 
Development, Production and Stockpiling of 
Bacteriological and Toxin Weapons and on Their 
Destruction, done at Washington, London, and Moscow, 
April 10, 1972 (commonly referred to as the `Biological 
Weapons Convention'); and
``(B) the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of 
Chemical Weapons and on Their Destruction, done at 
Geneva September 3, 1992, and entered into force April 
29, 1997 (commonly referred to as the `Chemical Weapons 
Convention').
``(5) Export administration regulations.--The term `Export 
Administration Regulations' means the regulations set forth in 
subchapter C of chapter VII of title 15, Code of Federal 
Regulations (or successor regulations).
``(6) Foreign governmental entity.--The term `foreign 
governmental entity' means--
``(A) the government of a foreign country;
``(B) the government of a political subdivision of 
a foreign country;
``(C) an agency or instrumentality of a foreign 
state, as such term is defined in section 1603(b) of 
title 28, United States Code;
``(D) an entity that is directly or indirectly 
controlled or beneficially owned by a government 
described in subparagraph (A) or (B);
``(E) an entity that acts on behalf of or as an 
agent of such a government; or
``(F) an entity that--
``(i) receives significant material support 
from a such a government; and
``(ii) is engaged in--
``(I) the provision of commercial 
services;
``(II) shipping;
``(III) manufacturing;
``(IV) producing; or
``(V) exporting.''.

SEC. 5. CONFORMING AMENDMENT.

Section 307(a) of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991 (22 U.S.C. 5605(a)) is amended, in the 
matter preceding paragraph (1), by striking ``section 306(a)(1)'' and 
inserting ``section 306(a)(1)(A)''.
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