From: RSC Chairman Jim Banks

To: RSC Members

Re: Democrats are Fueling the Fentanyl Crisis
Date: September 15, 2022

Joe Biden has talked endlessly and issued numerous public health restrictions related to the
COVID pandemic. In July 2021 he declared a “heroic” victory over the virus, despite the rise in
COVID deaths during the first year of his administration.

But we rarely hear from President Biden about an equally catastrophic public health catastrophe
that’s accelerated under his watch—the fentanyl epidemic.

In 2021, annual drug poisoning deaths rose above 100,000 for the first time in American history.
For reference, there are now as many Americans deaths from illegal narcotics each year as there
were American combat death during both World War I and the Vietnam war.

71,000 of those deaths were due to fentanyl, which is now the leading cause of death in the United
States for adults aged 18-45. Middle-aged Americans are roughly twice as likely to die from
fentanyl as they are to die from COVID.

Democrats have responded to this public health disaster with silence and inaction because they are
complicit.

Thanks to President Biden’s refusal to enforce immigration law, drug smugglers now have free
reign at our southern border. In 2021, fentanyl trafficking across our border increased by 132%.
And within the United States, far-left politicians in many major cities have decriminalized drug
possession or refused to prosecute drug offenders. In 2021, with thousands of Americans dying
from illegal narcotics each week, House Democrats introduced legislation to decriminalize
fentanyl and “resentence” convicted fentanyl traffickers.

House Republicans need to fight the drug epidemic at its source—the U.S. Mexico border—and
increase penalties for the criminals flooding our communities with deadly drugs. Below is an RSC
memo on combatting the drug epidemic.

Fentanyl’s Origin: Fentanyl is a synthetic opioid that was first developed in 1960. 1 It was first
approved for medical use by the U.S. Food and Drug Administration in 1968. Since 1968, fentanyl
has become commonly used as a pain treatment because it is more powerful than non-synthetic
alternatives, easy to administer, fast acting, and crucially, it is easy and inexpensive to produce.

1Stanley, Theodore H. The Fentanyl Story, The Journal of Pain, Vol 15, No 12 (December), 2014: pp 1215-1226
Available online at https://www.jpain.org/article/S1526-5900(14)00905-5/pdf
Illicit Fentanyl as a Driving Factor in the Opioid Epidemic: Each characteristic that made
fentanyl commercially successful is equally responsible for its starring role in America’s deadly
drug epidemic. Because Fentanyl is so potent, it can be trafficked in smaller quantities – making
detection harder. Because Fentanyl can be made from chemicals (rather than derived from plants),
manufacturers are able to maintain smaller and more mobile manufacturing operations – making
it easier to evade law enforcement. And lastly, because fentanyl is relatively inexpensive to
produce, it is now becoming an increasingly popular choice for transnational criminal
organizations and drug cartels who want to further pad their profit margins. 2

Fentanyl is Highly Lethal: As little as two milligrams of fentanyl can be deadly. To put that in
perspective, a quantity of fentanyl weighing the equivalent of a standard U.S. quarter could contain
over 2,800 lethal doses. 3

According to CDC data, the United States suffered 107,622 drug deaths in 2021 4. Of those deaths,
71,238 were from fentanyl.5 That is roughly 195 deaths per day from fentanyl. Ultimately this
statistic undercounts the true amount of human suffering caused by the fentanyl crisis because it
does not account for associated harms from fentanyl trafficking, deaths and serious injuries
sustained while under the influence of fentanyl, nor any victims killed or injured from criminals
high on fentanyl.

On April 6th, 2022, the Drug Enforcement Administration warned of a rise in “fentanyl-related
mass-overdose events.” Recent examples include:
 On January 28th, 2022, in Washington, DC nine people died in a single city block after
ingesting crack containing fentanyl.
 On February 20, 2022, in Commerce City, CO 5 people died in the same apartment after
ingesting cocaine containing fentanyl.
 On March 3, 2022, in Cortez, CO, three people died in the same hotel room after ingesting
fake oxycodone pills containing fentanyl.

Cartels, Fentanyl, and the Porous Southern Border: Joe Biden’s open border policies have
fueled the fentanyl crisis. Fentanyl is so common that the Drug Enforcement Agency warned law
enforcement to take necessary precaution when handling drugs and to “assume that all drugs
contain fentanyl.6In July 2022, Customs and Border Protection (“CBP”) reported seizing a record

2 (“Because of its low dosage range and high potency, one kilogram of fentanyl purchased in China for $3,000 - $5,200 can be
pressed into a pill form containing 1.5 mg of fentanyl, and sold for $10.00 on the illicit market, thus generating approximately
$6.6 million in revenue”) Written Statement of Joseph J. Schleigh, Acting Section Chief, Synthetic Drugs and Chemicals Section,
Div., Drug Enf’t Admin. 5 (Dec. 5, 2017), https://www.ussc.gov/sites/default/files/pdf/amendment-process/public-hearings-
and-meetings/20171205/Schleigh.pdf
3 The United States Mint specifies that U.S. Quarters weigh 5.67 grams. Source, https://www.usmint.gov/learn/coin-and-medal-

programs/coin-specifications
4CDC, National Center for Health Statistics, Office of Communication (May 11, 2022). U.S. Overdose Deaths In 2021 Increased

Half as Much as in 2020 – But Are Still Up 15%. Available at:

https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/202205.htm
5 Id.
6 Michalea Romero, WDHN, DEA warns of increase in mass overdose events involving Fentanyl (Apr. 6 2022)

https://www.wdhn.com/news/crime/dea-warns-of-increase-in-mass-overdose-events-involving-
fentanyl/?utm_source=t.co&utm_medium=referral&utm_campaign=socialflow
2,130 pounds of fentanyl.7 This is enough fentanyl for over 480 million potentially lethal doses.
Democrats recognize the open southern border is fueling the fentanyl crisis but refuse to secure
the border. Democrats voted with Republicans to provide fentanyl containment devices to CBP
but refuse to take action to stop President Biden’s catch and release policies, fully enforce title 42,
or reinstate the Remain in Mexico Program. 8

Fentanyl and China: The Biden administration has failed to hold Communist China accountable
for its role in spreading fentanyl into American communities. China is the number one producer
of illicit fentanyl, fentanyl analogues, and precursor chemicals used to make fentanyl. 9 President
Donald Trump recognized this threat and successfully pressured China to schedule fentanyl-
related substances as a class.10 However, we now know that a significant portion of China’s
fentanyl manufacturing subsequently moved to Mexico where cartels set up their own operations
to produce fentanyl using precursor chemicals from China. Unfortunately, the Biden
administration’s weakness has allowed this deadly relationship between the cartels and Chinese
actors to flourish. For these reasons, 16 State Attorneys General wrote to the Biden administration
demanding that it immediately ease its negligent handling of this situation.11
Fentanyl’s Rise Aided by Democrats Pro-crime Agenda: It should be no surprise that the left’s
embrace of an anti-police and pro-crime agenda (“defunding the police”, protecting BLM rioters,
pushing to eliminate cash bail, willful abandonment of immigration laws, “progressive” Democrat
prosecutors selectively ignoring certain crimes) has provided an environment conducive to the rise
of the fentanyl crisis.

Big Tech as a Fentanyl Crisis Facilitator: Drug traffickers regularly use social media to find
new clients and facilitate sales of fentanyl and other illegal products. 12 Social media companies
are under-incentivized to police their platforms and remove illegal content—like child
pornography and drug and human trafficking— 13 in large part due to broad protections conferred
by Section 230 Communications Decency Act and inappropriately expanded through judicial
interpretation. The Stop Shielding Culpable Platforms Act, sponsored by RSC Chairman Jim
Banks (R-IN), would reform Section 230 to hold big tech accountable for knowingly hosting such
illicit conduct.

Legislative Solutions

7 Anna Giaritellie, Washington Examiner, Record-high fentanyl seizures in July indicate cartels flooding the deadly drug to US
borders (August 16, 2022) https://www.washingtonexaminer.com/policy/defense-national-security/record-fentanyl-seizures-
july-indicate-cartels-flooding-drug-us
8 Roll Call Vote 306, 1117 th Congress: https://clerk.house.gov/evs/2022/roll306.xml
9 Written statement of Amanda Liskam, Director of the Opioid Enforcement And Prevention Efforts Office Of The Deputy

Attorney General (Jan. 28, 2020) https://docs.house.gov/meetings/JU/JU08/20200128/110392/HHRG-116-JU08-Wstate-

LiskammA-20200128.pdf
10 Id.
11
https://dojmt.gov/attorney-general-knudsen-calls-on-biden-administration-to-protect-montana-communities-
from-illicit-fentanyl/
12SOCIAL MEDIA Drug Trafficking Threat, DEA.gov. January 2022 : https://www.dea.gov/sites/default/files/2022-03/20220208-
DEA_Social%20Media%20Drug%20Trafficking%20Threat%20Overview.pdf
Members of the RSC are already on the forefront of fighting Fentanyl and securing our border.
For instance, the RSC’s FY 2023 Budget contains vital reforms to secure our southern border,
which is necessary to shut down the trafficking of Fentanyl and other illegal narcotics. Those and
the following proposals should form the basis of a comprehensive approach to addressing this
deadly scourge:
1) The Civil Justice for Victims of International Fentanyl Trafficking Act – the late Rep. Jackie
Walorksi’s (R-IN) bill would allow individuals and states Attorney Generals to sue foreign
countries for death or injury caused by their inability to combat illegal fentanyl trafficking
into the United States.
2) The Fentanyl Trafficker Elimination Act – Rep. Tim Burchett’s (R-TN) bill would require
a life sentence for anyone convicted of trafficking fentanyl. In FY21 the average imposed
sentence for fentanyl trafficking was only 58 months. 14
3) The Death Penalty for Dealing Fentanyl Act of 2022 – Rep. Paul Gosar’s (R-AZ) bill would
require a life imprisonment or the death penalty for dealing fentanyl which results in death.
4) The Fentanyl Penalties Parity Act – Rep. Glenn Grothman’s (R-WI) bill would lower the
thresholds to trigger a mandatory minimum prison sentences from fentanyl related
offences.
5) The Stop Pills That Kill Act – Rep. Ken Buck’s (R-CO) bill directs the DEA to outline a
plan to stop counterfeit pills from entering the U.S. and directs the U.S. Sentencing
Commission to review and potentially provide for increased sentence enhancement for
defendants who intentionally distribute fake pills containing meth or fentanyl.
6) Enhancing criminal penalties for trafficking Fentanyl and other narcotics that are disguised
to look like candy. Just last month, the DEA issued an official public warning regarding an
increased prevalence of so-called “rainbow fentanyl,” which is a Fentanyl presented as
colorful pill or powder. This disturbing trend, according to the DEA, is “a deliberate effort
by drug traffickers to drive addiction amongst kids and young adults.” Chairman Jim Banks
(R-IN) will introduce the Protecting Kids from Candy-Flavored Drugs Act to address this
problem.
7) Expanding Title 42 immigration restrictions for drug smuggling: Rep. Debbie Lesko (R-
AZ) and Rep. Scott DesJarlais (R-TN) introduced separate bills (the Securing the Border
for Public Health Act of 2022 and the Stop Fentanyl Border Crossings Act, respectively)
which would expand Title 42 authorities to restrict migration from countries which pose a
risk to public health based the high risk of smuggling controlled substances, including
fentanyl.
8) Permanently scheduling fentanyl: In response to Democrats’ refusal to pass a bill
temporarily extending the Drug Enforcement Administration’s (DEA) authority to place
fentanyl-related substances under Schedule I of the Controlled Substances Act, multiple
RSC members introduced legislation to permanently schedule fentanyl related substances
as a schedule one narcotic, such as:
a. Rep. Mike Johnson’s (R-LA) CEASE Overdose Act of 2022.
b. Rep. Vern Buchanan’s (R-FL) Federal Initiative to Guarantee Health by Targeting
Fentanyl Act.
c. Rep. Scott Fitzgerald’s (R-WI) Stopping Overdoses of Fentanyl Analogues Act.

14Quick Facts – Fentanyl Trafficking Offenses, United States Sentencing Commission,

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Fentanyl_FY21.pdf
 d. Rep. Blaine Leutkemeyer’s (R-MO) SIFT Act of 2021.
Bottom Line:
Democrats have spread the self-serving, harmful myth that lax border security is somehow
“nicer” than robust immigration enforcement. Nothing could be further from the truth.
The first victims of open borders are illegal immigrants themselves. Border agents have found
nearly 10,000 migrant remains since 1998, and during the first year of the Biden presidency
migrant deaths at our border doubled to a record high.
Unsurprisingly, fentanyl smuggling also doubled in 2021 and fentanyl poisoning deaths hit a
record high too. Biden’s border policies have caused tens of thousands of deaths in America and
devastated communities and families across the country.
House Republicans should highlight the cruel reality of Democrats’ open-border agenda and
help voters understand that secure borders are the only humanitarian option.
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