Title: Civil Justice for Victims of International Fentanyl Trafficking Act
Policy area: Law

Summary:
Civil Justice for Victims of International Fentanyl Trafficking Act
This bill allows a U.S. state to bring a civil action against a foreign state in federal court for money damages for death or physical injury to a person caused by fentanyl use or exposure occurring in the United States. The injury must follow any reckless action of an alien unlawfully present in the United States or certain foreign opioid traffickers that caused or substantially contributed to the unlawful trafficking of fentanyl from the foreign state into and within the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8194 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Justice for Victims of 
International Fentanyl Trafficking Act''.

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:
``Sec. 1605C. Responsibility of foreign states for death or injury from 
              international fentanyl trafficking in the United States.
    ``(a) Responsibility of Foreign States.--A foreign 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 exposure 
that occurs in the United States following any reckless action of a 
covered person, that caused or substantially 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 subsection (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 action 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 intervene 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 
        exercising its discretion under this subsection, the court 
        shall balance the interests of the United States with the 
        interests of the plaintiffs in a timely review of their claims.
            ``(2) Duration.--
                    ``(A) In general.--A stay under this section may be 
                granted for not more than 180 days.
                    ``(B) Extension.--
                            ``(i) In general.--The Attorney General may 
                        petition the court for an extension of the stay 
                        for additional periods not to exceed 180 days.
                            ``(ii) Recertification.--A court may grant 
                        an extension under subparagraph (A) if the 
                        Secretary of State recertifies that the United 
                        States remains 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 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.
    ``(g) Enforcement by State Attorneys General.--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 
circumstances 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 relating to section 1605B the following:

``1605C. Responsibility of foreign states for death or injury from 
                            international fentanyl trafficking in the 
                            United States.''.
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