S628-119

1. Short title This Act may be cited as the Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act.

2. Findings Congress finds the following: More than 100,000 Americans died from drug overdoses during 2023, with the majority of such deaths caused by fentanyl. Fentanyl is a potent synthetic opioid drug that is 50 times more potent than heroin and 100 times more potent than morphine. Fentanyl is involved in more deaths of Americans younger than 50 years of age than any other cause of death, including heart disease, cancer, homicide, suicide, and other accidents. In 2023, the United States Drug Enforcement Agency seized more than 80,000,000 fentanyl-laced pills and approximately 12,000 pounds of fentanyl powder, which is enough fentanyl to kill every American. Just 2 milligrams of fentanyl is considered a lethal dose. The smuggling of fentanyl into the United States constitutes a major public health crisis.

3. Definitions In this Act: The term covered alien means any person who— is attempting to unlawfully enter the United States from Canada or from Mexico; does not possess the required travel documents to be admitted to the United States; and is being held at a point of entry or a Border Patrol station to facilitate immigration processing. The term Secretary means the Secretary of Homeland Security.

4. Suspending the introduction of covered aliens into the United States due to the fentanyl public health crisis Beginning on the date of the enactment of this Act, the admittance of covered aliens into the United States is suspended to protect the public health. Covered aliens who attempt to enter the United States, either through a point of entry or between points of entry, while the suspension described in subsection (a) remains in place shall be returned to their country of origin or to the country from which they entered the United States as rapidly as possible to lower the risk of such aliens introducing, selling, trafficking, or otherwise illicitly disseminating or promoting the dissemination of deadly fentanyl into the United States. The Secretary is authorized to transport covered aliens being relocated pursuant to subsection (b) on scheduled repatriation flights, on a space available basis.