[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2180
To amend title 28, United States Code, to provide a civil action
against a foreign state for deliberate concealment or distortion of
information with respect to an international public health emergency,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2021
Mr. Cotton 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 provide a civil action
against a foreign state for deliberate concealment or distortion of
information with respect to an international public health emergency,
and for other purposes.
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 ``Holding the Chinese Communist Party
Accountable for Infecting Americans Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Chinese Communist Party covered up the existence
and downplayed the seriousness of SARS-CoV-2 (referred to in
this Act as ``COVID-19'') at least as early as December 2019.
(2) Chinese Government officials engaged in a campaign to
silence and delegitimize doctors, including Dr. Li Wenliang,
who were warning their colleagues and others about COVID-19.
(3) Chinese Government officials ordered the destruction of
laboratory samples and research regarding COVID-19 in January
2020.
(4) Chinese Government officials have detained or otherwise
silenced researchers, journalists, and citizens who attempted
to share information that could have proven unflattering to the
response of the Chinese Government to the COVID-19 outbreak.
(5) Chinese Government officials have expelled United
States journalists who were covering the COVID-19 outbreak in
China.
(6) Chinese Government officials have attempted to censor
or destroy academic research into COVID-19 and its origins that
might disagree with the official positions of the Chinese
Government.
(7) Chinese Government officials have intentionally
underreported or altered official numbers of COVID-19
infections and deaths in China, leading world health experts to
make flawed analyses that severely underestimated the nature
and seriousness of COVID-19.
(8) Academic studies have shown that, had appropriate
interventions occurred to stop the spread of COVID-19 even just
weeks earlier, the spread of COVID-19 would have been severely
curtailed.
(9) The cover-up of COVID-19 by the Chinese Government has
caused significant economic harm in the United States and
around the world.
(10) The cover-up of COVID-19 by the Chinese Government has
caused significant death and injury in the United States and
around the world.
(11) The cover-up of COVID-19 by the Chinese Government is,
at minimum, grossly negligent behavior causing significant
injury.
SEC. 3. PURPOSE.
The purpose of this Act is to provide civil litigants with the
broadest possible basis, consistent with the Constitution of the United
States, to seek relief against persons, entities, and foreign
countries, wherever acting and wherever they may be found, that are
responsible for, or complicit in ordering, controlling, or otherwise
directing acts intended to deliberately conceal or distort the
existence or nature of COVID-19, if such acts are found to have likely
contributed to the global COVID-19 pandemic.
SEC. 4. RESPONSIBILITY OF FOREIGN STATES FOR DELIBERATE CONCEALMENT OR
DISTORTING INFORMATION ABOUT INTERNATIONAL PUBLIC HEALTH
EMERGENCIES.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following new section:
``Sec. 1605C. Responsibility of foreign states for deliberate
concealment or distorting information about international
public health emergencies of international concern
``(a) Responsibility of Foreign State.--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 or death, or injury to property or economic interests,
occurring in the United States and caused by--
``(1) the spread of COVID-19; and
``(2) a tortious act or acts, including acts intended to
deliberately conceal or distort the existence or nature of
COVID-19, of the 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, regardless where the
tortious act or acts of the foreign state occurred.
``(b) Exclusive Jurisdiction.--
``(1) Original jurisdiction.--The United States District
Court for the Southern District of New York, the United States
District Court for the Northern District of California, the
United States District Court for the Northern District of
Illinois, and the United States District Court for the Southern
District of Texas shall have original and exclusive
jurisdiction over all actions in which a foreign state is
subject to the jurisdiction of a court of the United States
under this section.
``(2) Appellate jurisdiction.--The United States Court of
Appeals for the Federal Circuit shall have exclusive
jurisdiction of an appeal from a final decision of an action
under this section.
``(c) Stay of Actions Pending Foreign State Negotiations.--
``(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 a stay of the civil action, in whole
or in part.
``(2) Stay.--
``(A) In general.--A court of the United States
shall stay 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 is engaged in good faith
discussions with the foreign state defendant, or any
other defendant, with respect to the resolution of a
claim against such a defendant.
``(B) Duration.--
``(i) In general.--A stay under this
section may be granted for not more than 180
days.
``(ii) Extension.--
``(I) In general.--The Attorney
General may petition the court for an
extension of the stay for additional
180-day periods.
``(II) Recertification.--A court
may grant an extension under subclause
(I) if the Secretary of State
recertifies that the United States
remains engaged in good faith
discussions with the foreign state
defendant or any other defendant
concerning the resolution of a claim
against the foreign state or any
official, employee, or agent of the
foreign state, as to whom a stay of
claims is sought.
``(d) 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.--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.
``(e) Severability.--If any provision of this section or the
application of a provision to any person or circumstance, is held to be
invalid, the remainder of this section and the application of the
provisions to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
``(f) Rule of Construction.--A foreign state shall not be subject
to the jurisdiction of the courts of the United States under this
section on the basis of a tortious act or acts that constitute mere
negligence.
``(g) Definition.--In this section, the term `COVID-19' means the
2019 Novel Coronavirus or 2019-nCoV.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--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 deliberate concealment or
distorting information about international
public health emergencies of international
concern.''.
(2) Conforming amendment.--Section 1605(g)(1)(A) of title
28, United States Code, is amended by striking ``or section
1605B'' and inserting ``, section 1605B, or section 1605C''.
(c) Applicability.--The amendments made by this Act shall apply to
a civil action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2)(A) arising out of an injury to a person from COVID-19
on or after January 1, 2020; or
(B) arising out of an injury to property or business during
the national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with respect
to the coronavirus disease 2019 (COVID-19).
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