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A recent report outlining China’s direct involvement in fueling the fentanyl crisis in the United States has rightfully sent shockwaves through Congress and communities already reeling from the devastating impact of opioid addiction. The Select Committee on China’s findings uncovered China’s subsidization of the production of illicit fentanyl precursors for export, shedding light on the complicity – and in some cases, outright support – of foreign actors in exacerbating this epidemic.
Bill Barr, the former attorney general, discussed this very issue on Fox News, saying that China is ‘knee deep’ in the U.S. fentanyl epidemic. That’s true.
When asked if he thinks there’s any way we will see improvement in the coming months, he said no. That’s not true, we acted. Here’s how:
Our bill, the “Enhancing Intelligence Collection on Foreign Drug Traffickers Act of 2024,” was passed in the House as part of the Foreign Intelligence Surveillance Act (FISA) reauthorization package and would address this very issue and signed into law by President Joe Biden.
Bundles of blue pills containing fentanyl intercepted at the border. (U.S. Customs and Border Protection )
Let’s break it down.
Today, America’s intelligence agencies are allowed to collect emails, text messages and other digital communications of non-U.S. persons living outside the United States. The law governing this program, FISA, also mandates that this data is stored in a tightly controlled database that can only be searched for three reasons: opposing hostile actions from foreign governments, targeting the actions of terrorists and counter-proliferation efforts.
Our bipartisan bill would amend FISA, and finally allow America’s intelligence agencies to search the database for evidence of production and distribution of illegal drugs, including fentanyl. It would also allow our intelligence community to get a FISA warrant on foreign narco-traffickers, which we are unable to do right now.
The bipartisan bill represents a crucial step toward addressing the transnational nature of the fentanyl crisis. By expanding Section 702 to include targeting international drug trafficking networks involved in fentanyl production, distribution and financing. Plus, it equips law enforcement with enhanced tools to disrupt criminal operations at their source.
China’s role as a major supplier of illicit fentanyl precursors highlights the interconnectedness of the global drug trade and the need for comprehensive strategies to combat it.
The congressional committee’s findings reveal that China continues to provide subsidies to its companies engaged in the manufacture of fentanyl analogs and precursors, incentivizing the export of deadly chemicals that have no legal uses. Such practices not only contribute to the proliferation of fentanyl but also pose a significant threat to public health and safety here at home.
Despite claims of cooperation in drug control efforts, China’s words ring hollow. The subsidies provided to manufacturers of fentanyl precursors demonstrate a blatant disregard for the devastating consequences of their products reaching American communities.
In light of these revelations, the “Enhancing Intelligence Collection on Foreign Drug Traffickers Act of 2024” takes on heightened significance. Ultimately, our bill acknowledges the evolving nature of the drug trade and the need for adaptive measures to counter emerging threats.
Our bipartisan bill would amend FISA, and finally allow America’s intelligence agencies to search the database for evidence of production and distribution of illegal drugs, including fentanyl. It would also allow our intelligence community to get a FISA warrant on foreign narco-traffickers, which we are unable to do right now.
As members of the task force to Combat Mexican Drug Cartels, we know the fentanyl crisis is a nonpartisan issue requiring unified action. In a political landscape often characterized by division, the passage of this legislation represents a rare moment of consensus in addressing a pressing public health crisis.
Legislative efforts alone are not sufficient to stem the tide of the fentanyl crisis. We also encourage the report’s findings to underscore the importance of international cooperation and diplomatic engagement in holding foreign actors accountable for their role in fueling the epidemic.
The joint counter-narcotics working group established between the U.S. and China is a step in the right direction, but unless we take a more aggressive posture, tens of thousands of Americans will continue to suffer.
We thank our colleagues in the Senate for passing our important counter-narcotics provision and the president for signing it into law to give our intelligence agencies the authorities they need to stop the deadly flow of fentanyl.
Republican Dan Crenshaw represents the 2nd Congressional District of Texas in the U.S. House of Representatives.