PlainBillCongress, translated.Legislation. Context. Public interest.Read twice and referred to the Committee on the Judiciary. (CR S323-324)
Congressional Research Service
Version 00 · Introduced in Senate · Feb 9, 2023
Justice Against Sponsors of Illicit Fentanyl Act of 2023
This bill allows foreign states to be sued in a U.S. court for physical injury to a person or property or death occurring in the United States as a result of fentanyl trafficking. (Typically, a foreign state is immune from lawsuits filed against it in a U.S. court.)
Specifically, a foreign state is not immune from a lawsuit seeking damages for (1) an act of fentanyl trafficking in or into the United States, or (2) a tortious act or acts regardless where the tortious act or acts occurred.
If the United States is in discussions with a foreign state that is seeking to resolve claims related to fentanyl trafficking or tortious acts, the Department of Justice may intervene and seek a stay in a case filed under this bill involving the foreign state.
People & committees
Sen. Thune, John [R-SD] · R–SD
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Read twice and referred to the Committee on the Judiciary. (CR S323-324)
Introduced in Senate
Primary sources
Text links open the official source. We currently store references to these documents.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
AI Conversation Starters
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Analyze S.389 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine S.389 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine S.389 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine S.389 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.