I 
117TH CONGRESS 
2D SESSION 
H. R. 8194 
To amend title 28, United States Code, to strip foreign sovereign immunity 
of certain foreign states to secure justice for victims of fentanyl overdoses 
in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2022 
Mrs. WALORSKI introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to strip foreign 
sovereign immunity of certain foreign states to secure 
justice for victims of fentanyl overdoses in the United 
States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civil Justice for Vic-
tims of International Fentanyl Trafficking Act’’. 
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SEC. 2. RESPONSIBILITY OF FOREIGN STATES. 
(a) RESPONSIBILITY.—Chapter 97 of title 28, United 
States Code, is amended by inserting after section 1605B 
the following: 
‘‘§ 1605C. Responsibility of foreign states for death or 
injury from international fentanyl traf-
ficking in the United States. 
‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for-
eign state shall not be immune from the jurisdiction of 
the courts of the United States in any case in which money 
damages are sought against a foreign state for death or 
physical injury to a person caused by fentanyl use or expo-
sure that occurs in the United States following any reck-
less action of a covered person, that caused or substan-
tially contributed to the unlawful trafficking of fentanyl 
from the foreign state into and within the United States. 
‘‘(b) COVERED PERSON DEFINED.—In this section, 
the term ‘covered person’ means— 
‘‘(1) an alien who is unlawfully present in the 
United States; 
‘‘(2) a foreign opioid trafficker, as identified in 
the report submitted under section 7211(a) of the 
Fentanyl Sanctions Act; or 
‘‘(3) a significant foreign narcotics trafficker, 
as identified in the report submitted under sub-
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section (b) or (h)(1) of section 804 of the Foreign 
Narcotics Kingpin Designation Act. 
‘‘(c) RULE OF CONSTRUCTION.—A foreign state shall 
not be subject to the jurisdiction of the courts of the 
United States under subsection (a) on the basis of an 
omission or act that constitutes mere negligence. 
‘‘(d) EXCLUSIVE JURISDICTION.—The courts of the 
United States shall have exclusive jurisdiction in any ac-
tion in which a foreign state is subject to the jurisdiction 
of a court of the United States under subsection (a). 
‘‘(e) INTERVENTION.—The Attorney General may in-
tervene in any action in which a foreign state is subject 
to the jurisdiction of a court of the United States under 
subsection (a) for the purpose of seeking a stay of the 
civil action, in whole or in part. 
‘‘(f) STAY.— 
‘‘(1) IN
GENERAL.—A court of the United 
States may stay a proceeding against a foreign state 
if the Secretary of State certifies that the United 
States is engaged in good faith discussions with the 
foreign state defendant concerning the resolution of 
the claims against the foreign state, or any other 
parties as to whom a stay of claims is sought. In ex-
ercising its discretion under this subsection, the 
court shall balance the interests of the United States 
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with the interests of the plaintiffs in a timely review 
of their claims. 
‘‘(2) DURATION.— 
‘‘(A) IN GENERAL.—A stay under this sec-
tion may be granted for not more than 180 
days. 
‘‘(B) EXTENSION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General may petition the court for an ex-
tension of the stay for additional periods 
not to exceed 180 days. 
‘‘(ii) 
RECERTIFICATION.—A 
court 
may grant an extension under subpara-
graph (A) if the Secretary of State recer-
tifies that the United States remains en-
gaged in good faith discussions with the 
foreign state defendant concerning the res-
olution of the claims against the foreign 
state, or any other parties as to whom a 
stay of claims is sought. In choosing 
whether to grant an extension, the court 
shall balance the interests of the United 
States with the interests of the plaintiffs in 
a timely review of their claims. 
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‘‘(g) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.—Any State, on its own behalf or on behalf of the 
citizens or residents of the State, may bring a civil action 
in a district court of the United States under the cir-
cumstances described in subsection (a). Nothing in this 
Act may be construed to prevent a State from exercising 
its powers under State law.’’. 
(b) APPLICABILITY.—Section 1605C of title 28, 
United States Code, as added by such subsection (a), shall 
apply to any conduct occurring before, on, or after the 
date of enactment of this Act. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 97 of title 28, United 
States Code, is amended by inserting after the item relat-
ing to section 1605B the following: 
‘‘1605C. Responsibility of foreign states for death or injury from international 
fentanyl trafficking in the United States.’’. 
Æ 
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