[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3674 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3674

   To amend title 28, United States Code, to strip foreign sovereign 
  immunity of certain foreign states to secure justice for victims of 
                novel coronavirus in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2020

  Mr. Hawley introduced the following bill; which was read twice and 
               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 
                novel coronavirus in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Justice for Victims of 
Coronavirus Act''.

SEC. 2. RESPONSIBILITY OF FOREIGN STATES FOR RECKLESS ACTIONS OR 
              OMISSIONS CAUSING THE COVID-19 GLOBAL PANDEMIC IN THE 
              UNITED STATES.

    (a) Responsibility.--Chapter 97 of title 28, United States Code, is 
amended by inserting after section 1605B the following:
``Sec. 1605C. Responsibility of foreign states for reckless actions or 
              omissions causing the COVID-19 global pandemic in the 
              United States
    ``(a) 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 or economic injury to person, property, or business occurring 
in the United States following any reckless action or omission 
(including a conscious disregard of the need to report information 
promptly or deliberately hiding relevant information) of a foreign 
state, or of any official, employee, or agent of that foreign state 
while acting within the scope of his or her office, employment, or 
agency, that caused or substantially aggravated the COVID-19 global 
pandemic in the United States, regardless of where the action or 
omission occurred.
    ``(b) 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.
    ``(c) Jurisdiction.--
            ``(1) 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).
            ``(2) Personal jurisdiction.--The courts of the United 
        States shall have personal jurisdiction, to the maximum extent 
        permissible under the Constitution of the United States, over 
        any defendant in an action described in subsection (a).
            ``(3) Additional authority to issue orders.--In addition to 
        authority already granted by other laws, the courts of the 
        United States shall have jurisdiction to make and issue any 
        writ or order of injunction necessary or appropriate for the 
        enforcement of this section, including pre-judgment injunctions 
        related to transfer or disposal of assets.
    ``(d) 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 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.
    ``(e) Duration of Stay.--
            ``(1) In general.--A stay under this section may be granted 
        for not more than 180 days.
            ``(2) Extension.--
                    ``(A) In general.--The Attorney General may 
                petition the court for an extension of the stay for 
                additional periods not to exceed 180 days.
                    ``(B) Recertification.--A court shall 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.
    ``(f) Dismissal of Actions Following Foreign State Agreement.--
            ``(1) 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 this section 
        for the purpose of seeking the dismissal of the case.
            ``(2) Dismissal with prejudice.--Prior to the entry of 
        judgment, a court of the United States may dismiss with 
        prejudice a proceeding under this section against a foreign 
        state or any official, employee, or agent of the foreign state 
        if the Secretary of State certifies that the United States and 
        the foreign state have entered into an agreement with respect 
        to the resolution of a claim against such a defendant, 
        regardless of whether the plaintiff is a party to such 
        agreement or consents to the dismissal.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to any action or omission described in section 1605C of title 28, 
United States Code, as added by that subsection, that occurred before, 
on, or after the date of enactment of this Act.
    (c) Removal of Immunity From Attachment or Execution.--Section 1610 
of title 28, United States Code, is amended--
            (1) in subsection (a)(7), by striking ``section 1605A or 
        section 1605(a)(7) (as such section was in effect on January 
        27, 2008)'' and inserting ``section 1605A, section 1605(a)(7) 
        (as such section was in effect on January 27, 2008), or section 
        1605C'';
            (2) in subsection (b)(2), by striking ``or 1605(b)'' and 
        inserting ``, 1605(b), or 1605C'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) The property of a foreign state, as defined in section 
1603(a) of this chapter, used for a commercial activity in the United 
States, shall not be immune from attachment prior to the entry of 
judgment in any action brought in a court of the United States or of a 
State, or prior to the elapse of the period of time provided in 
subsection (c) of this section, if--
            ``(1) the foreign state has explicitly waived its immunity 
        from attachment prior to judgment, notwithstanding any 
        withdrawal of the waiver the foreign state may purport to 
        effect except in accordance with the terms of the waiver;
            ``(2) the purpose of the attachment is to secure 
        satisfaction of a judgment that has been or may ultimately be 
        entered against the foreign state, and not to obtain 
        jurisdiction; or
            ``(3) the attachment relates to a claim for which the 
        foreign state is not immune under section 1605C.''; and
            (4) in subsection (g)(1), in the matter preceding 
        subparagraph (A), by striking ``1605A'' and inserting ``1605A 
        or 1605C''.
    (d) Cause of Action.--Any citizen or resident of the United States 
injured in his or her person, property, or business by reason of any 
reckless action or omission (including a conscious disregard of the 
need to report information promptly or deliberately hiding relevant 
information) of a foreign state, or of any official, employee, or agent 
of that foreign state while acting within the scope of his or her 
office, employment, or agency, that caused or substantially aggravated 
the COVID-19 global pandemic in the United States, regardless of where 
the action or omission occurred, may sue therefor in any appropriate 
district court of the United States and shall recover threefold the 
damages he or she sustains and the cost of the suit, including 
attorney's fees.
    (e) 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 under subsection (d) in a district court of the 
United States. Nothing in this Act may be construed to prevent a State 
from exercising its powers under State law.
    (f) Time Limitation on the Commencement of Civil Action.--
Notwithstanding any other provision of law, a civil action arising 
under subsection (d) may be commenced up to 20 years after the cause of 
action accrues.
    (g) 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:

``1605C. Responsibility of foreign states for reckless actions or 
                            omissions causing the COVID-19 global 
                            pandemic in the United States.''.
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