"Just over a month ago, Congress and the President found a way to come together and pass historic, bipartisan criminal justice reform—the culmination of an effort I was proud to lead for over a decade.
February 7, 2019
To hold accountable countries that turn a blind eye to this problem U.S. Representatives James Sensenbrenner (R-WI-05) and Gerry Connolly (D-VA-11) U.S. Senators Pat Toomey (R-PA) and Doug Jones (D-AL) have introduced the bipartisan Blocking Deadly Fentanyl Imports Act. The legislation would impose new penalties on fentanyl-exporting nations like China that do not adhere to international narcotics control standards.
Under the Blocking Deadly Fentanyl Imports Act, a nation exporting illicit fentanyl would be ineligible for U.S. taxpayer-subsidized foreign aid or Export-Import Bank loans if it fails to cooperate with U.S. narcotics control efforts. These conditions already apply to any nation identified by the Department of State as a major producer or trafficker of illicit heroin, marijuana, cocaine, and methamphetamine and its precursor chemicals.
Representative Sensenbrenner: “Americans are now more likely to die from opioid-related overdoses than from car accidents, and fentanyl is the drug most responsible for fatalities. Protecting our communities from illicit fentanyl and fentanyl analogues will require an all-hands-on-deck effort, including better cooperation from the foreign nations from which these deadly drugs are produced and trafficked into our country. This bipartisan legislation will hold these countries accountable for failing to cooperate adequately with our drug enforcement efforts. I’m grateful to Senators Toomey and Jones and Congressman Connolly for their leadership on this important bill.”
Representative Connolly: “Fentanyl is destroying families and driving overdose deaths across our country. Just last week, U.S. Customs and Border Patrol seized more than 254 pounds of fentanyl at an official port of entry, their largest confiscation in history. Our bipartisan bill will provide more tools in the growing global fight against this dangerous drug by encouraging countries to cooperate with U.S. drug enforcement efforts. I thank Senators Toomey and Jones, and Representative Sensenbrenner for their leadership on this issue.”
Senator Toomey: “Illicit fentanyl from outside our borders has already prematurely ended far too many American lives. As fentanyl can be fifty times as potent as heroin, even small, difficult to detect amounts can be lethal, which is why it’s important to stop this problem at its source. This bipartisan legislation is a commonsense update to existing law that will hold the nations producing illicit fentanyl accountable, whether it be China or wherever the threat emerges next.”
Senator Jones: "We have seen an increase in substance use deaths in Alabama and across the country because of the rise of illicit fentanyl. Even small amounts of it can be deadly for our first responders should they be exposed. Our dedicated Customs and Border Protection officers recently made the largest seizure in U.S. history of fentanyl during a stop at a border checkpoint. This bipartisan bill will add to those efforts to help stop illicit fentanyl from being trafficked across our borders and into our communities."
What is fentanyl?
Fentanyl is a powerful and deadly synthetic opioid analgesic that is similar to morphine but 50 to 100 times more potent. It is up to 50 times more powerful than heroin.
What is the role of fentanyl in the current crisis in drug overdoses?
According to the Centers for Disease Control and Prevention, 29,418 Americans died from overdoses involving fentanyl in 2017, an increase of 840 percent in just five years.
What would the Blocking Deadly Fentanyl Imports Act do to help?
The Blocking Deadly Fentanyl Imports Act would update longstanding U.S. policy to condition foreign aid to major illicit drug producing nations on support of U.S. narcotics control efforts. It would cut off certain foreign aid to major fentanyl producing countries that fail to adopt laws or regulation similar to U.S. standards on prosecution of individuals trafficking a controlled substance, emergency scheduling of new psychoactive substances, and registration of pill presses or tableting machines.
Does the Blocking Deadly Fentanyl Imports Act block all foreign aid to major drug trafficking and transit countries?
No, disaster relief, food assistance, medical assistance, and refugee assistance are exempted. Furthermore, the President can maintain the flow of all aid to countries that cooperate with efforts to reduce fentanyl exports to our country and in cases of vital national interest.
Where does illicit fentanyl come from?
Based on U.S. Customs and Border Protection (CBP) seizure data, China is the principal source country of illicit fentanyl and fentanyl-related compounds in the United States, including both scheduled and non-scheduled substances.
What action has China recently taken on fentanyl?
At the request of the United States, China has controlled 25 fentanyl substances and two precursor chemicals. However, there are approximately 1,400 potential fentanyl analogues.
As part of recent negotiations with the Trump Administration, China indicated that they would take steps to schedule fentanyl as a class, effectively controlling all potential fentanyl analogues. However, it will take some time before we can be certain China will deliver on this commitment or effectively enforce it.
The United States has also indicted six Chinese nationals in connection with fentanyl manufacturing and distribution. All six charged Chinese nationals remain at large.
While the majority of illicit fentanyl currently comes from China, experts have also noted fentanyl production is relatively cheap and could shift to other nations with large, lightly regulated chemical industries. This is an important reason that the Blocking Deadly Fentanyl Imports Act applies to every country identified by the Administration as a major illicit fentanyl producing or trafficking nation, not just China.
Has the Foreign Assistance Act been amended before in response to a drug crisis?
Yes. In 2005, the House voted 423-2 to add methamphetamine and its precursors to the list (RCV 386, H.Amdt. 460 to H.R. 2601, July 19, 2005). The provision was then adopted as part of P.L. 109-177.