I
117th CONGRESS
2d Session
H. R. 8194
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.
Short title
This Act may be cited as the Civil Justice for Victims of International Fentanyl Trafficking Act
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Responsibility of foreign states
Responsibility
Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:
Responsibility of foreign states for death or injury from international fentanyl trafficking in the United States.
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.
Covered person defined
In this section, the term covered person
means—
an alien who is unlawfully present in the United States;
a foreign opioid trafficker, as identified in the report submitted under section 7211(a) of the Fentanyl Sanctions Act; or
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.
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.
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).
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.
Stay
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.
Duration
In general
A stay under this section may be granted for not more than 180 days.
Extension
In general
The Attorney General may petition the court for an extension of the stay for additional periods not to exceed 180 days.
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.
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.
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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.
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:
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