I 
118TH CONGRESS 
1ST SESSION H. R. 2947 
To deter the trafficking of illicit fentanyl, provide justice for victims, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Mr. GOODEN of Texas (for himself, Mr. GOSAR, Mr. LAMBORN, Mr. ELLZEY, 
Mr. SANTOS, and Mr. LAMALFA) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To deter the trafficking of illicit fentanyl, provide justice 
for victims, and for other purposes. 
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 ‘‘Justice Against Spon-
sors of Illicit Fentanyl Act of 2023’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) International drug trafficking is a serious 
and deadly problem that threatens the vital interests 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
of the United States and the safety and health of 
every community in the United States. 
(2) Transnational criminal organizations, car-
tels, and violent gangs are leading perpetrators of 
drug trafficking, often combining the manufacture 
and distribution of synthetic opioids with violence, 
human smuggling and trafficking, firearms traf-
ficking, and public corruption, and pose a sustained 
threat to the homeland security of the United 
States. 
(3) Illicit fentanyl is primarily produced in clan-
destine laboratories and trafficked into the United 
States in powder and pill form, including fentanyl- 
laced counterfeit pills. 
(4) The People’s Republic of China (hereinafter 
in this section referred to as ‘‘China’’) is the pri-
mary source country of fentanyl precursor chemicals 
used to manufacture the illicit fentanyl that is traf-
ficked into the United States. 
(5) The Commission on Combating Synthetic 
Opioid Trafficking, established under section 7221 
of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92), reported in 2022 
that China, which supplied 70 to 80 percent of 
fentanyl seized by Federal authorities between 2014 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
and 2019, has been surpassed by Mexico as the 
‘‘dominant source’’ of illicit fentanyl in the United 
States. 
(6) Illicit fentanyl is primarily trafficked by 
land into the United States through legal ports of 
entry, as well as between such ports of entry, with 
some trafficking facilitated by domestic and foreign- 
based social media and encrypted communication ap-
plications. 
(7) In fiscal years 2021 and 2022, U.S. Cus-
toms and Border Protection seized over 24,000 
pounds of fentanyl at ports of entry, a 200 percent 
increase from the amounts seized in fiscal years 
2019 and 2020. 
(8) Deaths caused by the trafficking of illicit 
fentanyl have reached epidemic proportions, as— 
(A) fentanyl was involved in nearly 
200,000 deaths in the United States during the 
period between 2014 and 2020; 
(B) the number of drug overdose deaths in 
the United States surpassed 100,000 during 
the period between May 2020 and April 2021, 
of which over 64,000 deaths were related to 
fentanyl; and 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
(C) fentanyl and other synthetic opioids 
caused approximately 2⁄3 of more than 107,000 
fatal overdoses in the United States during 
2021. 
(9) Overdose deaths remain a leading cause of 
injury-related death in the United States, and 
fentanyl-related deaths are the leading cause of 
deaths among adults aged 18 to 45. 
(10) Failure to meaningfully combat illicit 
fentanyl trafficking will continue to stress the health 
care and law enforcement resources of the United 
States. 
(11) It is necessary to recognize the substantive 
causes of action for aiding and abetting and con-
spiracy liability under the Controlled Substances Act 
(21 U.S.C. 801 et seq.). 
(12) The decision of the United States Court of 
Appeals for the District of Columbia in Halberstam 
v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has 
been widely recognized as the leading case regarding 
Federal civil aiding and abetting and conspiracy li-
ability, including by the Supreme Court of the 
United States, provides the proper legal framework 
for how such liability should function in the context 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
of the Controlled Substances Act (21 U.S.C. 801 et 
seq.). 
(13) Persons, entities, or countries that know-
ingly or recklessly contribute material support or re-
sources, directly or indirectly, to persons or organi-
zations that pose a significant risk of committing 
acts of trafficking of illicit fentanyl that threaten the 
safety and health of nationals of the United States 
or the national security, foreign policy, or economy 
of the United States, necessarily direct such conduct 
at the United States, and should reasonably antici-
pate being brought to court in the United States to 
answer for that conduct. 
(14) The United States has a compelling inter-
est in providing persons and entities injured as a re-
sult of the trafficking of illicit fentanyl into the 
United States with full access to the court system in 
order to pursue civil claims against persons, entities, 
or countries that have knowingly or recklessly pro-
vided material support or resources, directly or indi-
rectly, to the persons or organizations responsible 
for their injuries. 
(b) PURPOSE.—The purpose of this Act is to provide 
civil litigants with the broadest possible basis, consistent 
with the Constitution of the United States, to seek relief 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
against persons, entities, and foreign countries, wherever 
acting and wherever they may be found, that have pro-
vided material support, directly or indirectly, to foreign 
organizations or persons that engage in the trafficking of 
illicit fentanyl into the United States. 
SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR THE 
TRAFFICKING 
OF 
FENTANYL 
INTO 
THE 
UNITED STATES. 
(a) IN GENERAL.—Chapter 97 of title 28, United 
States Code, is amended by inserting after section 1605B 
the following: 
‘‘§ 1605C. Responsibility of foreign states for the traf-
ficking of fentanyl into the united states 
‘‘(a) DEFINITION.—In this section, the term ‘fentanyl 
trafficking’ means— 
‘‘(1) means any illicit activity— 
‘‘(A) to produce, manufacture, distribute, 
sell, or knowingly finance or transport— 
‘‘(i) illicit fentanyl, including any con-
trolled substance that is a synthetic opioid 
and any listed chemical (as defined in sec-
tion 102 of the Controlled Substances Act 
(21 U.S.C. 802)) that is a synthetic opioid 
utilized for fentanyl production; or 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) active pharmaceutical ingredients 
or chemicals that are used in the produc-
tion of fentanyl; 
‘‘(B) to attempt to carry out an activity 
described in subparagraph (A); or 
‘‘(C) to assist, abet, conspire, or collude 
with any other person to carry out an activity 
described in subparagraph (A); 
‘‘(2) a violation of section 401(a)(1) of the Con-
trolled Substances Act (21 U.S.C. 841(a)(1)) involv-
ing manufacturing, distributing, or dispensing, or 
possessing with intent to manufacture, distribute, or 
dispense, fentanyl or a fentanyl-related substance in 
or into the United States; 
‘‘(3) an attempt or conspiracy to commit a vio-
lation described in paragraph (2); 
‘‘(4) having manufactured, distributed, or dis-
pensed, or possessed with intent to manufacture, 
distribute, or dispense, fentanyl or a fentanyl-related 
substance outside the United States with the inten-
tion of such fentanyl or fentanyl-related substance 
being distributed or dispensed in or into the United 
States in violation of section 401(a)(1) or 406 of the 
Controlled Substances Act (21 U.S.C. 841(a)(1), 
846); or 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) having produced or manufactured, distrib-
uted, or dispensed, or possessed with intent to man-
ufacture, distribute, or dispense, a substance that is 
a precursor to fentanyl or a fentanyl-related sub-
stance with the intention of such precursor, fentanyl, 
or fentanyl-related substance being distributed or 
dispensed in or into the United States in violation 
of section 401(a)(1) or 406 of the Controlled Sub-
stances Act (21 U.S.C. 841(a)(1), 846). 
‘‘(b) 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 physical 
injury to person or property or death occurring in the 
United States and caused by— 
‘‘(1) an act of fentanyl trafficking in or into the 
United States; and 
‘‘(2) a tortious act or acts of the foreign state, 
or of any official, employee, or agent of that foreign 
state while acting within the scope of his or her of-
fice, employment, or agency, regardless where the 
tortious act or acts of the foreign state occurred. 
‘‘(c) CLAIMS
BY
NATIONALS
OF
THE
UNITED 
STATES.— 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) DEFINITION.—In this subsection, the term 
‘person’ has the meaning given the term in section 
1 of title 1. 
‘‘(2) CLAIMS.—If a foreign state would not be 
immune under subsection (b) with respect to an act 
of fentanyl trafficking in or into the United States, 
a national of the United States may bring a claim 
against the foreign state in the same manner, and 
may obtain the same remedies, as a claim with re-
spect to an act of international terrorism brought 
under section 2333. 
‘‘(3) AIDING AND ABETTING LIABILITY.—In an 
action under paragraph (2) for an injury arising 
from an act of fentanyl trafficking in or into the 
United States, liability may be asserted as to any 
person who aids and abets, by knowingly providing 
substantial assistance, or who conspires with the 
person who committed such an act of fentanyl traf-
ficking. 
‘‘(4) EFFECT ON OTHER FOREIGN SOVEREIGN 
IMMUNITIES.—Nothing in paragraph (3) affects im-
munity of a foreign state from jurisdiction under 
other law. 
‘‘(d) RULE OF CONSTRUCTION.—A foreign state shall 
not be subject to the jurisdiction of the courts of the 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
United States under subsection (b) on the basis of an 
omission or a tortious act or acts that constitute mere neg-
ligence.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The table of sections for chapter 97 of title 
28, United States Code, is amended by inserting 
after the item relating to section 1605B the fol-
lowing: 
‘‘1605C. Responsibility of foreign states for the trafficking of fentanyl into the 
United States.’’. 
(2) Subsection 1605(g)(1)(A) of title 28, 
United States Code, is amended by striking ‘‘or sec-
tion 1605B’’ and inserting ‘‘, 1605B, or 1605C’’. 
SEC. 4. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. 
(a) 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 section 1605C of 
title 28, United States Code, as added by section 3(a) of 
this Act. 
(b) INTERVENTION.—The Attorney General, in con-
sultation with the Administrator of the Drug Enforcement 
Administration, may intervene in any action in which a 
foreign state is subject to the jurisdiction of a court of 
the United States under section 1605C of title 28, United 
States Code, as added by section 3(a) of this Act, for the 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
purpose of seeking a stay of the civil action, in whole or 
in part. 
(c) STAY.— 
(1) IN GENERAL.—A court of the United States 
may stay a proceeding against a foreign state in an 
action brought under section 1605C of title 28, 
United States Code, as added by section 3(a) of this 
Act, if the Secretary of State certifies that the 
United States is engaged in good faith discussions 
with the foreign state defendant concerning the reso-
lution of the claims against the foreign state, or any 
other parties as to whom a stay of claims is sought. 
(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 Gen-
eral may petition the court for an exten-
sion of the stay for additional 180-day pe-
riods. 
(ii) RECERTIFICATION.—A court shall 
grant an extension under clause (i) if the 
Secretary of State recertifies that the 
United States remains engaged in good 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS
faith discussions with the foreign state de-
fendant concerning the resolution of the 
claims against the foreign state, or any 
other parties as to whom a stay of claims 
is sought. 
SEC. 5. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act and the amendments made by 
this Act, and the application of the provisions and amend-
ments to any other person not similarly situated or to 
other circumstances, shall not be affected by the holding. 
SEC. 6. EFFECTIVE DATE. 
The amendments made by this Act shall apply to any 
civil action— 
(1) pending on, or commenced on or after, the 
date of enactment of this Act; and 
(2) arising out of an injury to a person, prop-
erty, or business on or after January 1, 2013. 
Æ 
VerDate Sep 11 2014 
22:37 May 08, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H2947.IH
H2947
kjohnson on DSK79L0C42PROD with BILLS