[Congressional Record Volume 171, Number 45 (Tuesday, March 11, 2025)]
[Senate]
[Page S1672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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