FIRST ON FOX — Rep. Chip Roy, R-Texas, is unveiling a bill on Tuesday that would allow the death penalty as punishment for those who knowingly distribute fentanyl that results in death, according to a draft of the legislation first obtained by Fox News Digital.

Roy’s bill, the Deal Death, Face Death Act, demonstrates a continued focus among GOP lawmakers to crack down on narcotics distribution, even as fentanyl deaths have begun to trend downward in recent years.

“If a dealer distributes fentanyl or fentanyl-laced drugs and someone dies as a result, that dealer has effectively signed that person’s death warrant,” Roy said in a statement on the proposal.

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Rep. Chip Roy, R-Texas, walks up the House steps for a vote in the U.S. Capitol on Thursday, April 16, 2026. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

In 2024, nearly 48,400 Americans died due to fentanyl poisoning, according to findings from the National Center for Health Statistics — a 36% drop from levels in 2023.

Despite that progress, Roy believes capital punishment is key to bringing levels down further.

“Congress must stand with the families devastated by this crisis and send a clear message: if you deal death, you will face the full weight of justice,” the Texas Republican said in his statement to Fox News Digital.

The Controlled Substances Act of 1970 currently caps penalties for distribution at life in prison.

Roy’s bill would raise the bar by amending that law, stating that “such person shall be sentenced, if death results from the use of such substance, to death.”

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Sen. Mike Lee, R-Utah, and Rep. Chip Roy, R-Texas, arrive at the U.S. Capitol on May 31, 2023, ahead of a congressional vote on the Fiscal Responsibility Act. (Tom Williams/CQ-Roll Call)

Additionally, the bill doubles existing fines for fentanyl-related offenses, authorizing penalties of up to $2 million for individuals and $10 million for non-individual entities.

The bill is narrowly tailored to apply to fentanyl and fentanyl-related substances.

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Although the bill does not make the death penalty the default punishment, Roy argued it would give prosecutors a new tool to pursue cases more aggressively — especially in instances where other drugs such as heroin, cocaine and methamphetamine are knowingly laced with fentanyl. In those cases, Roy’s office argued that current law acts as a shield to dealers who endanger unsuspecting buyers.

Rep. Chip Roy, R-Texas, attends President Donald Trump’s address to a joint session of Congress at the U.S. Capitol in Washington, D.C., on March 4, 2025. (Win McNamee/Getty Images)

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“[The act] closes a dangerous loophole and gives prosecutors the ability to pursue capital punishment against the worst offenders who are profiting off the deaths of Americans,” Roy said.

“Fentanyl is killing hundreds of Americans every single day and the people trafficking this poison should face the harshest penalties available,” he added.