Holding the Chinese Communist Party Accountable for Infecting Americans Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3984 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 HOUSE OF REPRESENTATIVES JUNE 17, 2021 Mr. CRENSHAW introduced the following bill; which was 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 inter- national public health emergency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Holding the Chinese 4 Communist Party Accountable for Infecting Americans 5 Act of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3984 IH (1) The Chinese Communist Party covered up 1 the existence and downplayed the seriousness of 2 SARS–CoV–2, hereinafter referred to as COVID– 3 19, at least as early as December 2019. 4 (2) Chinese government officials engaged in a 5 campaign to silence and delegitimize doctors—in- 6 cluding Dr. Li Wenliang—who were warning their 7 colleagues and others about COVID–19. 8 (3) Chinese government officials ordered the de- 9 struction of laboratory samples and research regard- 10 ing COVID–19 in January 2020. 11 (4) Chinese government officials have detained 12 or otherwise silenced researchers, journalists, and 13 citizens who attempted to share information that 14 could have proven unflattering to the Chinese gov- 15 ernment’s response to the COVID–19 outbreak. 16 (5) Chinese government officials have expelled 17 American journalists who were covering the COVID– 18 19 outbreak in China. 19 (6) Chinese government officials have attempted 20 to censor or destroy academic research into COVID– 21 19 and its origins that might disagree with the offi- 22 cial positions of the Chinese government. 23 (7) Chinese government officials have inten- 24 tionally underreported or altered official numbers of 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3984 IH COVID–19 infections and deaths in China, leading 1 world health experts to make flawed analyses that 2 severely underestimated the nature and seriousness 3 of COVID–19. 4 (8) Academic studies have shown that, had ap- 5 propriate interventions occurred to stop the spread 6 of COVID–19 even just weeks earlier, the spread of 7 COVID–19 would have been severely curtailed. 8 (9) The cover-up of COVID–19 by the Chinese 9 government has caused significant economic harm in 10 the United States and around the world. 11 (10) The cover-up of COVID–19 by the Chinese 12 government has caused significant death and injury 13 in the United States and around the world. 14 (11) The cover-up of COVID–19 by the Chinese 15 government is, at minimum, grossly negligent behav- 16 ior causing significant injury. 17 SEC. 3. PURPOSE. 18 The purpose of this Act is to provide civil litigants 19 with the broadest possible basis, consistent with the Con- 20 stitution of the United States, to seek relief against per- 21 sons, entities, and foreign countries, wherever acting and 22 wherever they may be found, that are responsible for, or 23 complicit in ordering, controlling, or otherwise directing 24 acts intended to deliberately conceal or distort the exist- 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3984 IH ence or nature of COVID–19, if such acts are found to 1 have likely contributed to the global COVID–19 pandemic. 2 SEC. 4. RESPONSIBILITY OF FOREIGN STATES FOR DELIB- 3 ERATE CONCEALMENT OR DISTORTING IN- 4 FORMATION ABOUT INTERNATIONAL PUBLIC 5 HEALTH EMERGENCIES. 6 (a) IN GENERAL.—Chapter 97 of title 28, United 7 States Code, is amended by inserting after section 1605B 8 the following new section: 9 ‘‘SEC. 1605C. RESPONSIBILITY OF FOREIGN STATES FOR 10 DELIBERATE CONCEALMENT OR DISTORTING 11 INFORMATION ABOUT INTERNATIONAL PUB- 12 LIC HEALTH EMERGENCIES OF INTER- 13 NATIONAL CONCERN. 14 ‘‘(a) RESPONSIBILITY OF FOREIGN STATE.—A for- 15 eign state shall not be immune from the jurisdiction of 16 the courts of the United States in any case in which money 17 damages are sought against a foreign state for physical 18 injury or death, or injury to property or economic inter- 19 ests, occurring in the United States and caused by— 20 ‘‘(1) the spread of COVID–19; and 21 ‘‘(2) a tortious act or acts, including acts in- 22 tended to deliberately conceal or distort the existence 23 or nature of COVID–19, of the foreign state, or of 24 any official, employee, or agent of that foreign state 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3984 IH while acting within the scope of his or her office, 1 employment, or agency, regardless where the 2 tortious act or acts of the foreign state occurred. 3 ‘‘(b) EXCLUSIVE JURISDICTION.—The United States 4 District Court for the Southern District of New York, the 5 United States District Court for the Northern District of 6 California, the United States District Court for the North- 7 ern District of Illinois, and the United States District 8 Court for the Southern District of Texas shall have origi- 9 nal and exclusive jurisdiction over all actions in which a 10 foreign state is subject to the jurisdiction of a court of 11 the United States under this section. Appellate jurisdic- 12 tion for such actions shall be exclusively reserved to the 13 United States District Court of Appeals for the Federal 14 Circuit. 15 ‘‘(c) STAY OF ACTIONS PENDING FOREIGN STATE 16 NEGOTIATIONS.— 17 ‘‘(1) INTERVENTION.—The Attorney General 18 may intervene in any action in which a foreign state 19 is subject to the jurisdiction of a court of the United 20 States under this section for the purpose of seeking 21 a stay of the civil action, in whole or in part. 22 ‘‘(2) STAY.— 23 ‘‘(A) IN GENERAL.—A court of the United 24 States shall stay a proceeding under this sec- 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3984 IH tion against a foreign state or any official, em- 1 ployee, or agent of the foreign state, if the Sec- 2 retary of State certifies that the United States 3 is engaged in good faith discussions with the 4 foreign state defendant, or any other defendant, 5 with respect to the resolution of a claim against 6 such a defendant. 7 ‘‘(B) DURATION.— 8 ‘‘(i) IN GENERAL.—A stay under this 9 section may be granted for not more than 10 180 days. 11 ‘‘(ii) EXTENSION.— 12 ‘‘(I) IN GENERAL.—The Attorney 13 General may petition the court for an 14 extension of the stay for additional 15 180-day periods. 16 ‘‘(II) RECERTIFICATION.—A 17 court may grant an extension under 18 clause (I) if the Secretary of State re- 19 certifies that the United States re- 20 mains engaged in good faith discus- 21 sions with the foreign state defendant 22 or any other defendant concerning the 23 resolution of a claim against the for- 24 eign state or any official, employee, or 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3984 IH agent of the foreign state, as to whom 1 a stay of claims is sought. 2 ‘‘(d) DISMISSAL OF ACTIONS FOLLOWING FOREIGN 3 STATE AGREEMENT.— 4 ‘‘(1) INTERVENTION.—The Attorney General 5 may intervene in any action in which a foreign state 6 is subject to the jurisdiction of a court of the United 7 States under this section for the purpose of seeking 8 the dismissal of the case. 9 ‘‘(2) DISMISSAL WITH PREJUDICE.—A court of 10 the United States may dismiss with prejudice a pro- 11 ceeding under this section against a foreign state or 12 any official, employee, or agent of the foreign state 13 if the Secretary of State certifies that the United 14 States and the foreign state have entered into an 15 agreement with respect to the resolution of a claim 16 against such a defendant, regardless of whether the 17 plaintiff is a party to such agreement or consents to 18 the dismissal. 19 ‘‘(e) SEVERABILITY.—If any provision of this Act or 20 any amendment made by this Act, or the application of 21 a provision or amendment to any person or circumstance, 22 is held to be invalid, the remainder of this Act and the 23 amendments made by this Act, and the application of the 24 provisions and amendments to any other person not simi- 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3984 IH larly situated or to other circumstances, shall not be af- 1 fected by the holding. 2 ‘‘(f) RULE OF CONSTRUCTION.—A foreign state shall 3 not be subject to the jurisdiction of the courts of the 4 United States under this section on the basis of a tortious 5 act or acts that constitute mere negligence. 6 ‘‘(g) APPLICATION DATE.—The amendments made 7 by this Act shall apply to a civil action— 8 ‘‘(1) pending on, or commenced on or after, the 9 date of enactment of this Act; and 10 ‘‘(2) arising out of an injury to a person from 11 COVID–19 on or after January 1, 2020, or arising 12 out of an injury to property or business during the 13 pendency of the National Emergency Concerning the 14 Novel Coronavirus Disease (COVID–19) Outbreak 15 declared by the President on March 13, 2020, under 16 the National Emergencies Act (50 U.S.C. 1601 et 17 seq.). 18 ‘‘(h) DEFINITION.—In this section, the term 19 ‘COVID–19’ has the meaning given that term in section 20 2102 of the Coronavirus Aid, Relief, and Economic Secu- 21 rity Act (Public Law 116–136).’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 23 (1) TABLE OF SECTIONS.—The table of sections 24 for chapter 97 of title 28, United States Code, is 25 VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3984 IH amended by inserting after the item relating to sec- 1 tion 1605B the following: 2 ‘‘1605C. Responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies of international concern.’’. (2) CONFORMING AMENDMENT.—Section 3 1605(g)(1)(A) of title 28, United States Code, is 4 amended by striking ‘‘or section 1605B’’ and insert- 5 ing ‘‘, section 1605B, or section 1605C’’. 6 (c) EFFECTIVE DATE.—The amendments made by 7 this Act shall take effect on the date of the enactment 8 of this Act. 9 Æ VerDate Sep 11 2014 01:56 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3984.IH H3984 kjohnson on DSK79L0C42PROD with BILLS