S.Amdt. 1252

SA 1252. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 331, to amend the Controlled Substances Act with
respect to the scheduling of fentanyl-related substances, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEDERAL TORT FOR FENTANYL TRAFFICKING VIA SOCIAL
MEDIA.

(a) Definitions.--In this section:
(1) Covered substance.--The term ``covered substance''
means a substance containing--
(A) fentanyl; or
(B) a fentanyl-related substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802), as amended
by section 6(c) of this Act.
(2) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
(b) Liability.--The provider of an interactive computer
service shall be liable to any individual who suffers bodily
harm attributable to the provider's intentional, knowing, or
reckless--
(1) promotion of a covered substance; or
(2) facilitation of the sale of a covered substance.
(c) Private Right of Action.--An individual who suffers
bodily harm attributable to the intentional, knowing, or
reckless promotion, by the provider of an interactive
computer service, of a covered substance, or attributable to
the intentional, knowing, or reckless facilitation, by the
provider of an interactive computer service, of the sale of a
covered substance, may bring a civil action against the
provider in an appropriate district court of the United
States or a State court of competent jurisdiction for--
(1) actual damages;
(2) punitive damages; and
(3) attorney fees and costs.
(d) Effective Date; Applicability.--This section--
(1) shall take effect on the date that is 180 days after
the date of enactment of this Act; and
(2) shall not apply to any use of an interactive computer
service that took place before the effective date under
paragraph (1).
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