[Congressional Record Volume 169, Number 45 (Thursday, March 9, 2023)]
[Senate]
[Pages S732-S733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Fentanyl
Mr. CORNYN. Mr. President, the overdose epidemic is ravaging
communities all across this country and leaving a trail of death and
destruction. The latest data shows we lost nearly 107,000 Americans
last year alone. The majority of those deaths were attributed to
fentanyl, a synthetic opioid made from precursors shipped from China,
mainly, to Mexico, where they are then manufactured. Fentanyl alone is
killing 70,000 Americans a year.
On average, we are talking about more than 190 people dying each day
due to fentanyl. That is more people than a commercial 737 airliner can
hold. So imagine the public outrage if, day after day, commercial
airliners fell out of the sky, killing everyone aboard. Well, you can
imagine what the reaction would be. Social media would erupt. People
would protest. Our constituents wouldn't just ask us to intervene; they
would demand it.
Unfortunately--and this is a mystery to me--the fentanyl epidemic and
the drug overdose deaths we have seen in the last year don't get the
same sort of response. It is as though our threshold for outrage now is
so high that even the death of 107,000 Americans would not achieve that
threshold.
We know this epidemic does not discriminate. It kills people of all
ages and backgrounds from major cities and small towns all across
America. But one of the most alarming trends we see is the appalling
trend of fentanyl-related deaths among teenagers. These teens
frequently think they are buying something else, such as Percocet or
OxyContin or Xanax, and unknowingly they end up with a counterfeit pill
contaminated with a deadly dose of fentanyl.
This is the case for students in Hays County, which is just southwest
of Austin, where I live. Since last summer, the Hays Consolidated
Independent School District has lost five students to fentanyl
poisoning.
In October, I had the chance to meet with the parents of one of those
students, Shannon McConville, who lost her 17-year-old son Kevin to
fentanyl poisoning. She told me that Kevin was full of promise, a
talented person, an artist. After graduating, he wanted to join the
Navy and become an underwater welder. But, sadly, Kevin was never able
to realize his dream. He died just a few weeks before the beginning of
his senior year.
A couple of weeks ago, I traveled to Hays County to speak with more
families who have lost their children to fentanyl poisoning, as well as
law enforcement personnel, school officials, and medical professionals,
trying to figure out what do we need to do.
I saw Shannon and her husband Darren, as well as the parents of
another young victim, 15-year-old Noah Rodriguez. Noah's parents,
Brandon and Janel, told me that Noah was a genuine, kind young man and
something of a jokester. He was an athlete, a devoted friend, and a big
brother to his three siblings, the youngest of whom was only 2 weeks
old when Noah died.
Despite their profound loss, these parents and countless others are
committed to raising awareness. You can imagine the courage it takes to
overcome your grief and pain to try to share your story with others so
that others might live.
I had the opportunity to learn about the Fighting Fentanyl public
awareness campaign in Hays County, as well as the work being done by
school leaders and law enforcement. We all acknowledged that there is
no single action that will end this epidemic. We can't just focus on
prevention or treatment or drug diversion; a successful strategy will
involve all three of those. We need buy-in from leaders at every level
of government, as well as healthcare providers, schools, nonprofits,
law enforcement, and, of course, the general public, just like the
approach we are seeing in Hays County. This has to be an all-in effort.
[[Page S733]]
But during our discussion, there was broad agreement that the
starting point should be the source of these drugs, which is our
southern border. All four parents stressed the importance of securing
the border and preventing fentanyl from ever reaching our communities.
Shannon McConville said that when it comes to the border, the Biden
administration is failing. I agree.
Last week, five of my Republican colleagues joined me for a series of
tours and meetings in the Rio Grande Valley, where they got to see the
administration's security failures firsthand. By my calculation, that
is about the 10th delegation that either I or Senator Cruz or both of
us have hosted of colleagues coming to the border in Texas.
Border Patrol agents told us last weekend about the tactics cartels
use to traffic fentanyl and other dangerous drugs into the country.
First and foremost, they distract and overwhelm agents by coordinating
a surge of migrants, which provides a golden opportunity to sneak
across the border undetected--overwhelm the Border Patrol with a swarm
of migrants and distract them while the drugs make their way north.
This isn't news, of course, to the Biden administration. It is a
well-known maneuver used by the cartels, acknowledged by the Attorney
General of the United States last week when he came before the Senate
Judiciary Committee. But for some reason, the administration seems
determined to just simply look the other way.
President Biden's apathetic approach to the southern border must
change in order for us to have a chance at addressing this public
health crisis. Just think about a burst pipe in your home. If water is
pouring from the ceiling, what do you do first? Well, you aren't going
to go grab buckets and towels to start cleaning the water while it is
still raining down; you are going to turn the main water supply off and
stop the leak at its source. That is what we need to do here: Cut off
the supply. Until that happens, we are going to be fighting a losing
battle, and more people will die.
It is well known that the southern border is a major gateway for
illegal drugs. In the last 12 months, Customs and Border Protection
have seized 23,000 pounds of fentanyl at the southern border, enough to
wipe out the entire U.S. population many times over.
That is a daunting statistic, but we know this number isn't the full
story. It only includes the drugs that our law enforcement officials
were able to stop. We know from all the deaths and wide availability of
fentanyl and other illegal drugs in America that much more than that
makes its way into the interior of our country. So there is no exact
way to know how much fentanyl has slipped through the cracks, but the
fact that we are losing 70,000 Americans a year to fentanyl is proof
that we aren't batting a perfect game--far from it.
Let's not forget the fact that law enforcement at every level is also
encountering and attempting to stop the fentanyl proliferation. Last
month, the Collin County Sheriff's Office and North Texas Sheriff's
Criminal Interdiction Unit arrested a Dallas man with about 6,000
fentanyl pills in his vehicle during a traffic stop. Last year, the
Drug Enforcement Administration seized more than 379 million lethal
doses of fentanyl--enough to kill every American.
Drug trafficking is obviously a lucrative business, and cartels take
advantage of every security gap in order to make money. There is no
question that the ongoing border crisis has provided the perfect
opportunity for these cartels, who care nothing about people. All they
care about is the money.
If Border Patrol agents are changing diapers and passing out meals,
as they have had to do to manage the volume of migrants coming across
the border, they can't control the frontlines and stop cartels from
trafficking these dangerous drugs into the interior.
I want to be clear. I am not suggesting that every migrant who comes
across is responsible for the drugs coming across the border--far from
it. But the mass movement of people orchestrated by these transnational
criminal organizations, even including people with legitimate asylum
claims, opens the opportunity--gateways, if you will--for truly
dangerous criminals and substances to come across the border. Unless
something changes, it is going to get worse. In order to save lives, we
have got to secure the border and stop fentanyl from reaching our
communities. That should be the first step.
As a matter of fact, the President, in his State of the Union last
month, said that he wanted Members of Congress to pass his plan to
provide the officers and equipment needed to secure the border. Now,
that surprised me because I wasn't aware that the President had a plan,
but there is no question that border security legislation is needed and
those resources are necessary.
We need to strengthen this combination of technology, boots on the
ground, and infrastructure that Border Patrol tells me is the key to
successfully securing the border, and that is the only way to stop
dangerous drugs and criminals who mingle in with economic migrants and
other asylum seekers to make their way across the border into the
interior of the United States.
There is no doubt we also need to reform the asylum process to ensure
that personnel, technology, and infrastructure can properly focus on
interdicting narcotics and other contraband.
Anyone who questions the need for these measures should talk with the
parents who have had to bury their children; talk with the brothers and
sisters who have lost a sibling; talk with the teenagers who are
grieving at the unexpected losses of healthy and vibrant friends. We
owe it to them and to the countless people who are terrified by this
looming threat to stop these drugs at the source.
Obviously, what we are doing now is not sufficient. It is not
working. I heard, again, Attorney General Garland say: Well, we are
doing everything we can. And that is not true. He may think he is doing
everything he can, but, obviously, it isn't working.
We can't accept failure. We have got to come up with a formula to
address this as we did yesterday during an open hearing in the
Intelligence Committee where I asked the leaders of our national
security Agencies: What else can you offer? what other resources? What
other authorities do you need in order to stop this dying of people who
are taking fentanyl and other illegal drugs coming across the border?
But it starts with securing the border, and we will be fighting a
continuing losing battle until that is done.
I yield the floor.
Nomination of James Edward Simmons, Jr.
Mr. DURBIN. Mr. President, today, the Senate will vote to confirm
Judge James Simmons, Jr., who has been nominated to the U.S. District
Court for the Southern District of California.
Born in Inglewood, CA, Judge Simmons received his B.A. from the
University of California at Berkeley in 2001 and went on to earn his
J.D. at Golden Gate University School of Law in 2004. Judge Simmons
began his legal career as a deputy city attorney for the city of San
Diego in 2005, a role in which he tried 19 jury trials on behalf of the
city in 1 year. In 2006, he became a trial attorney at the San Diego
District Attorney's Office. As an attorney in the gang prosecution
unit, Judge Simmons tried 30 jury trials over 11 years. Since 2017,
Judge Simmons has served as a Superior Court judge for the San Diego
Superior Court. Having presided over thousands of matters and 12 bench
trials, Judge Simmons has notably never been reversed by a reviewing
court.
The American Bar Association has unanimously rated Judge Simmons
``well qualified'' to serve on the Southern District of California, and
Senators Feinstein and Padilla strongly support his nomination as well.
I will be supporting this highly qualified nominee, and I urge all of
my colleagues to do the same.
The PRESIDING OFFICER. The Senator from Oregon.