[Congressional Record Volume 166, Number 139 (Wednesday, August 5, 2020)]
[Senate]
[Page S4946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2568. Ms. McSALLY (for herself, Mr. Rounds, Mrs. Capito, Mr.
Hawley, Mr. Cotton, Mrs. Blackburn, and Mr. Tillis) submitted an
amendment intended to be proposed to amendment SA 2499 proposed by Mr.
McConnell to the bill S. 178, to condemn gross human rights violations
of ethnic Turkic Muslims in Xinjiang, and calling for an end to
arbitrary detention, torture, and harassment of these communities
inside and outside China; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. _____. 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.''.
______