December 17, 2024

Auchincloss Targets China’s Role in U.S. Fentanyl Crisis with New Bipartisan Legislation

Washington, D.C. – Today, Representative Jake Auchincloss (D-MA), Democratic Chair of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (CCP)’s Fentanyl Policy Working Group introduced bipartisan legislation alongside his colleagues that holds the CCP responsible for its role in the U.S. fentanyl crisis.  

Spearheaded by Working Group Co-Chairs Reps. Auchincloss and Dan Newhouse (R-WA) and joined by Chairman John Moolenaar (R-MI) and Ranking Member Raja Krishnamoorthi (D-IL), the Fentanyl Policy Working Group spent months building on the Select Committee’s bipartisan investigation, which uncovered for the first time how the CCP directly subsidizes fentanyl precursors and analogues.

The lawmakers are now introducing three bipartisan bills aimed at better coordinating law enforcement efforts, strengthening sanctions on China-based and CCP-backed entities engaged in drug trafficking, and leveraging fines against People’s Republic of China (PRC) shippers that fail to implement appropriate transparency and related safeguards that hinder drug trafficking.

 The bills developed by the working group are the Joint Task Force to Counter Illicit Synthetic Narcotics Act of 2024, The CCP Fentanyl Sanctions Act, and the International Protecting from PRC Fentanyl and Other Synthetic Opioids Act.

"Dismantling the fentanyl supply chain starts at the source. The CCP Fentanyl Sanctions Act sanctions Chinese chemical manufacturers that are profiting by poisoning the American people," said Congressman Auchincloss.

“For too long, China has profited from the destruction of American lives, and the fentanyl crisis they are manufacturing knows no boundaries. As we continue our work fighting the immediate threat the drug poses, we are also going after the CCP and their central role in subsidizing, producing, and exporting the precursors that fuel this epidemic,” said Congressman Newhouse.

“Earlier this year, the Select Committee’s bipartisan investigation proved that the CCP could be doing much more to stop the flow of fentanyl. But if the CCP won’t take action, Congress will,” said Ranking Member Krishnamoorthi. “I want to commend Congressmen Auchincloss and Newhouse for their leadership of this working group. Building off the findings of our investigation, the three bills put forth today would help save lives, and help ensure that companies in China that produce and export deadly chemicals are held accountable.”

"The Becca Schmill Foundation is incredibly grateful to Representative Auchincloss for his work to protect all Americans from the continued threat posed by illicit synthetic narcotics,” said Deb Mann Schmill, Founder and President of the Becca Schmill Foundation. “The three bills introduced at Congressman Auchincloss’ Fentanyl Policy Working Group will provide much-needed tools to combat the current phase of the opioid crisis, which has resulted in a record loss of life." 

The Becca Schmill Foundation of Needham, Massachusetts was formed in memory of Rebecca (Becca) Mann Schmill by her loving family. Becca Schmill passed away on September 16, 2020, from fentanyl poisoning. She purchased the drugs with the assistance of a social media platform.

 Summaries of the bill can be found below.

 The Joint Task Force to Counter Illicit Synthetic Narcotics Act of 2024

  • The Joint Task Force to Counter Illicit Synthetic Narcotics Act of 2024 would establish a coordinated task force to combat the trafficking of synthetic narcotics like fentanyl. The task force will bring together representatives from relevant federal agencies to conduct joint operations, disrupt trafficking networks, and enforce sanctions. It will focus on international and domestic coordination, including addressing the role of the People’s Republic of China in the opioid crisis.
  • The task force aims to streamline interagency collaboration, enhance legal enforcement, and report regularly to Congress.

 The CCP Fentanyl Sanctions Act

  •  The CCP Fentanyl Sanctions Act targets what the Select Committee’s bipartisan fentanyl report described as the “Achilles’ heel” of fentanyl and related synthetic narcotics producers—their exposure to the U.S. banking system courtesy of their licit activity. This legislation would codify important new authorities to address this threat while working to target those responsible for the epidemic.
  • It codifies and builds on Executive Order 14059, which established critical new sanctions authorities against actors involved in fentanyl trafficking. It also expands existing sanctions authorities to target PRC vessels or ports that knowingly or recklessly facilitate shipment/transportation of illicit synthetic narcotics, as well as PRC online marketplaces and other entities that knowingly or recklessly facilitate sale of illicit synthetic narcotics.
  • The legislation also provides authority to restrict foreign financial institution correspondent accounts and payable-through accounts if the President determines the account has knowingly facilitated transactions on behalf of individuals engaging in synthetic narcotics trafficking.

 International Protection from PRC Fentanyl and Other Synthetic Opioids Act

  •  The International Protection from PRC Fentanyl and Other Synthetic Opioids Act aims to combat fentanyl trafficking by imposing civil penalties on PRC shippers that fail to implement appropriate transparency and related safeguards that hinder drug trafficking. It introduces compliance requirements for PRC ports, vessels, and exporters, to properly manifest fentanyl precursors and related chemicals, as well as to follow formal entry when shipping to the United States.
  • PRC shippers that fail to follow these requirements would be subject to escalating civil penalties adjusted to the value of goods present on a given vessel. Any such penalties would go towards funding anti-trafficking and related efforts.