[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.
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IN THE HOUSE OF REPRESENTATIVES
June 22, 2022
Mrs. Walorski introduced the following bill; which was referred to the
Committee on the Judiciary
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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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