,,ii #aahth ,,congress #ast ,session ,s4 #chi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #i1 #bjbc,mr4 ,thune introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to deter the trafficking of illicit fentanyl1 provide justice for victims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice ,against ,sponsors of ,illicit ,fentanyl ,act of #bjbc4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,international drug trafficking is a serious and deadly problem that threatens the vital interests of the ,united ,states and the safety and health of every community in the ,united ,states4 7#b7 ,transnational criminal organizations1 cartels1 and violent gangs are leading perpetrators of drug trafficking1 often combining the manufacture and distribution of synthetic opioids with violence1 human smuggling and trafficking1 firearms trafficking1 and public corruption1 and pose a sustained threat to the homeland security of the ,united ,states4 7#c7 ,illicit fentanyl is primarily produced in clandestine laboratories and trafficked into the ,united ,states in powder and pill form1 including fentanyl-laced counterfeit pills4 7#d7 ,the ,people's ,republic of ,china 7hereinafter in this section referred to as ,china7 is the primary source country of fentanyl precursor chemicals used to manufacture the illicit fentanyl that is trafficked into the ,united ,states4 7#e7 ,the ,commission on ,combating ,synthetic ,opioid ,trafficking1 established under section #gbba of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib71 reported in #bjbb that ,china1 which supplied #gj to #hj percent of fentanyl seized by ,federal authorities between #bjad and #bjai1 has been surpassed by ,mexico as the dominant source of illicit fentanyl in the ,united ,states4 7#f7 ,illicit fentanyl is primarily trafficked by land into the ,united ,states through legal ports of entry1 as well as between such ports of entry1 with some trafficking facilitated by domestic and foreign-based social media and encrypted communication applications4 7#g7 ,in fiscal years #bjba and #bjbb1 ,u4,s4 ,customs and ,border ,protection seized over #bd1jjj pounds of fentanyl at ports of entry1 a #bjj percent increase from the amounts seized in fiscal years #bjai and #bjbj4 7#h7 ,deaths caused by the trafficking of illicit fentanyl have reached epidemic proportions1 as-- 7,a7 fentanyl was involved in nearly #bjj1jjj deaths in the ,united ,states during the period between #bjad and #bjbj2 7,b7 the number of drug overdose deaths in the ,united ,states surpassed #ajj1jjj during the period between ,may #bjbj and ,april #bjba1 of which over #fd1jjj deaths were related to fentanyl2 and 7,c7 fentanyl and other synthetic opioids caused approximately #b_/c of more than #ajg1jjj fatal overdoses in the ,united ,states during #bjba4 7#i7 ,overdose deaths remain a leading cause of injury-related death in the ,united ,states1 and fentanyl-related deaths are the leading cause of deaths among adults aged #ah to #de4 7#aj7 ,failure to meaningfully combat illicit fentanyl trafficking will continue to stress the health care and law enforcement resources of the ,united ,states4 7#aa7 ,it is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq474 7#ab7 ,the decision of the ,united ,states ,court of ,appeals for the ,district of ,columbia in ,halberstam v4 ,welch1 #gje ,f4#b;d #dgb 7,d4,c4 ,cir4 #aihc71 which has been widely recognized as the leading case regarding ,federal civil aiding and abetting and conspiracy liability1 including by the ,supreme ,court of the ,united ,states1 provides the proper legal framework for how such liability should function in the context of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq474 7#ac7 ,persons1 entities1 or countries that knowingly or recklessly contribute material support or resources1 directly or indirectly1 to persons or organizations 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 security1 foreign policy1 or economy of the ,united ,states1 necessarily direct such conduct at the ,united ,states1 and should reasonably anticipate being brought to court in the ,united ,states to answer for that conduct4 7#ad7 ,the ,united ,states has a compelling interest in providing persons and entities injured as a result of the trafficking of illicit fentanyl into the ,united ,states with full access to the court system in order to pursue civil claims against persons1 entities1 or countries that have knowingly or recklessly provided material support or resources1 directly or indirectly1 to the persons or organizations responsible for their injuries4 7b7 ,purpose ,the purpose of this ,act is to provide civil litigants with the broadest possible basis1 consistent with the ,constitution of the ,united ,states1 to seek relief against persons1 entities1 and foreign countries1 wherever acting and wherever they may be found1 that have provided material support1 directly or indirectly1 to foreign organizations or persons that engage in the trafficking of illicit fentanyl into the ,united ,states4 #c4 ,responsibility of foreign states for the trafficking of fentanyl into the united states 7a7 ,in general ,chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after section #afje;,b the following3 #afje;,c4 ,responsibility of foreign states for the trafficking of fentanyl into the united states 7a7 ,definition ,in this section1 the term fentanyl trafficking means-- 7#a7 means any illicit activity-- 7,a7 to produce1 manufacture1 distribute1 sell1 or knowingly finance or transport-- 7i7 illicit fentanyl1 including any controlled substance that is a synthetic opioid and any listed chemical 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb77 that is a synthetic opioid utilized for fentanyl production2 or 7ii7 active pharmaceutical ingredients or chemicals that are used in the production of fentanyl2 7,b7 to attempt to carry out an activity described in subparagraph 7,a72 or 7,c7 to assist1 abet1 conspire1 or collude with any other person to carry out an activity described in subparagraph 7,a72 7#b7 a violation of section #dja7;a77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77#a77 involving manufacturing1 distributing1 or dispensing1 or possessing with intent to manufacture1 distribute1 or dispense1 fentanyl or a fentanyl-related substance in or into the ,united ,states2 7#c7 an attempt or conspiracy to commit a violation described in paragraph 7#b72 7#d7 having manufactured1 distributed1 or dispensed1 or possessed with intent to manufacture1 distribute1 or dispense1 fentanyl or a fentanyl-related substance outside the ,united ,states with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the ,united ,states in violation of section #dja7;a77#a7 or #djf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77#a71 #hdf72 or 7#e7 having produced or manufactured1 distributed1 or dispensed1 or possessed with intent to manufacture1 distribute1 or dispense1 a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor1 fentanyl1 or fentanyl-related substance being distributed or dispensed in or into the ,united ,states in violation of section #dja7;a77#a7 or #djf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77#a71 #hdf74 7b7 ,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 physical injury to person or property or death occurring in the ,united ,states and caused by-- 7#a7 an act of fentanyl trafficking in or into the ,united ,states2 and 7#b7 a tortious act or acts of the foreign state1 or of any official1 employee1 or agent of that foreign state while acting within the scope of his or her office1 employment1 or agency1 regardless where the tortious act or acts of the foreign state occurred4 7c7 ,claims by nationals of the ,united ,states 7#a7 ,definition ,in this subsection1 the term person has the meaning given the term in section #a of title #a4 7#b7 ,claims ,if a foreign state would not be immune under subsection 7b7 with respect to an act of fentanyl trafficking in or into the ,united ,states1 a national of the ,united ,states may bring a claim against the foreign state in the same manner1 and may obtain the same remedies1 as a claim with respect to an act of international terrorism brought under section #bccc4 7#c7 ,aiding and abetting liability ,in an action under paragraph 7#b7 for an injury arising from an act of fentanyl trafficking in or into the ,united ,states1 liability may be asserted as to any person who aids and abets1 by knowingly providing substantial assistance1 or who conspires with the person who committed such an act of fentanyl trafficking4 7#d7 ,effect on other foreign sovereign immunities ,nothing in paragraph 7#c7 affects immunity of a foreign state from jurisdiction under other law4 7d7 ,rule of construction ,a foreign state shall not be subject to the jurisdiction of the courts of the ,united ,states under subsection 7b7 on the basis of an omission or a tortious act or acts that constitute mere negligence4 4 7b7 ,technical and conforming amendments 7#a7 ,the table of sections for chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #afje;,b the following3 #afje;,c4 ,responsibility of foreign states for the trafficking of fentanyl into the ,united ,states4 4 7#b7 ,subsection #afje7;g77#a77;,a7 of title #bh1 ,united ,states ,code1 is amended by striking or section #afje;,b and inserting 1 #afje;,b1 or #afje;,c4 #d4 ,stay of actions pending state negotiations 7a7 ,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 section #afje;,c of title #bh1 ,united ,states ,code1 as added by section #c7;a7 of this ,act4 7b7 ,intervention ,the ,attorney ,general1 in consultation with the ,administrator of the ,drug ,enforcement ,administration1 may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the ,united ,states under section #afje;,c of title #bh1 ,united ,states ,code1 as added by section #c7;a7 of this ,act1 for the purpose of seeking a stay of the civil action1 in whole or in part4 7c7 ,stay 7#a7 ,in general ,a court of the ,united ,states may stay a proceeding against a foreign state in an action brought under section #afje;,c of title #bh1 ,united ,states ,code1 as added by section #c7;a7 of this ,act1 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 state1 or any other parties as to whom a stay of claims is sought4 7#b7 ,duration 7,a7 ,in general ,a stay under this section may be granted for not more than #ahj days4 7,b7 ,extension 7i7 ,in general ,the ,attorney ,general may petition the court for an extension of the stay for additional #ahj-;day periods4 7ii7 ,recertification ,a court shall grant an extension under clause 7i7 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 state1 or any other parties as to whom a stay of claims is sought4 #e4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions and amendments to any other person not similarly situated or to other circumstances1 shall not be affected by the holding4 #f4 ,effective date ,the amendments made by this ,act shall apply to any civil action-- 7#a7 pending on1 or commenced on or after1 the date of enactment of this ,act2 and 7#b7 arising out of an injury to a person1 property1 or business on or after ,january #a1 #bjac4