[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4212 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4212

   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

                             July 20, 2020

 Ms. McSally (for herself, Mr. Hawley, Mrs. Blackburn, Mr. Cotton, Mr. 
    Tillis, Mr. Rounds, Mr. Graham, and Mrs. Capito) 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 China-
Originated Viral Infections Diseases Act'' or the ``Civil Justice for 
Victims of COVID 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 
death or 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 contributed to 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) 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.
    ``(e) Stay.--
            ``(1) 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.
            ``(2) Duration.--
                    ``(A) In general.--A stay under this section may be 
                granted for not more than 180 days.
                    ``(B) Extension.--
                            ``(i) In general.--The Attorney General may 
                        petition the court for an extension of the stay 
                        for additional periods not to exceed 180 days.
                            ``(ii) 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.''.
    (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 contributed 
to 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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