Justice for Victims of Coronavirus Act

II 116TH CONGRESS 2D SESSION S. 3588 To secure justice for victims of novel coronavirus in the United States and abroad. IN THE SENATE OF THE UNITED STATES MAY 4, 2020 Mr. HAWLEY introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To secure justice for victims of novel coronavirus in the United States and abroad. 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 ‘‘Justice for Victims 4 of Coronavirus Act’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 (1) beginning in December 2019, if not earlier, 8 the Government of the People’s Republic of China 9 concealed the emergence and spread of the novel 10 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3588 IS coronavirus (referred to in this Act as ‘‘COVID– 1 19’’) by, among other things— 2 (A) silencing medical professionals, jour- 3 nalists, and academic researchers; 4 (B) halting research and destroying or oth- 5 erwise denying access by Chinese and inter- 6 national public health authorities to COVID–19 7 viral samples and relevant medical information 8 and research; 9 (C) obstructing access by international 10 public health authorities to parts of the 11 COVID–19 outbreak epicenter; 12 (D) releasing partial or incorrect data 13 about the number of COVID–19 cases and 14 deaths in the People’s Republic of China and 15 COVID–19 modes of transmission; 16 (E) using the World Health Organization 17 to amplify its false messaging; and 18 (F) waging a global propaganda offensive 19 to deflect attention away from its mishandling 20 of the COVID–19 outbreak and create un- 21 founded accounts of the origins of the virus; 22 (2) since December 2019, COVID–19 has 23 transformed from a local disease outbreak in 24 Wuhan, China, into a global pandemic, as declared 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3588 IS by the World Health Organization on March 11, 1 2020, that is infecting millions, killing hundreds of 2 thousands, and imposing severe economic hardship 3 on billions of people worldwide; 4 (3) initial actions or omissions by the Govern- 5 ment of the People’s Republic of China to conceal 6 the emergence and spread of COVID–19 facilitated 7 the transformation of COVID–19 from a local dis- 8 ease outbreak into a global pandemic by obstructing 9 the timely and effective containment of the virus 10 within the Chinese mainland and limiting the avail- 11 ability of information that other nations needed to 12 prevent or control the spread of the virus into their 13 territories; 14 (4) the failure by the Government of the Peo- 15 ple’s Republic of China to fully disclose information 16 on the COVID–19 outbreak in a timely manner to 17 the World Health Organization and other nations 18 appears to constitute a violation of the International 19 Health Regulations (2005), a legally binding agree- 20 ment among 196 countries, including the People’s 21 Republic of China; 22 (5) the Government of the People’s Republic of 23 China should be held accountable for the harm in- 24 flicted upon the lives and livelihoods of the people of 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3588 IS the United States and other nations due to its ef- 1 forts to conceal the emergence and spread of 2 COVID–19; 3 (6) although nation states are ordinarily enti- 4 tled to sovereign immunity in the courts of other na- 5 tions, the extraordinary harm caused by the 6 COVID–19 global pandemic, and the evidence 7 strongly indicating that this pandemic was caused by 8 deliberate decisions by the Government of the Peo- 9 ple’s Republic of China to conceal the emergence 10 and spread of COVID–19, justify removing the 11 privilege of foreign sovereign immunity from that 12 Government to facilitate the payment of damages to 13 individuals harmed by this pandemic; 14 (7) the United States Government should also 15 establish and lead an international commission to 16 determine fully how actions or omissions by the Gov- 17 ernment of the People’s Republic of China to conceal 18 the emergence and spread of COVID–19 contributed 19 to the transformation of COVID–19 from a local 20 disease outbreak into a global pandemic; and 21 (8) if the international investigation establishes 22 that actions or omissions by the Government of the 23 People’s Republic of China to conceal the emergence 24 and spread of COVID–19 caused or substantially 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3588 IS aggravated the transformation of COVID–19 from a 1 local disease outbreak into a global pandemic, or if 2 the Government of the People’s Republic of China 3 refuses to cooperate fully with the international in- 4 vestigation, then the United States Government 5 should lead international efforts— 6 (A) to quantify the harm caused or sub- 7 stantially aggravated by actions or omissions by 8 the Government of the People’s Republic of 9 China to conceal the emergence and spread of 10 COVID–19 to the health and economic well- 11 being of the people of the United States and 12 other nations; and 13 (B) to secure damages from the Govern- 14 ment of the People’s Republic of China, espe- 15 cially by identifying ways to compel the Govern- 16 ment of the People’s Republic of China to pay 17 damages. 18 SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR RECK- 19 LESS ACTIONS OR OMISSIONS CAUSING THE 20 COVID–19 GLOBAL PANDEMIC IN THE UNITED 21 STATES. 22 (a) RESPONSIBILITY.—Chapter 97 of title 28, United 23 States Code, is amended by inserting after section 1605B 24 the following: 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3588 IS ‘‘§ 1605C. Responsibility of foreign states for reckless 1 actions or omissions causing the COVID– 2 19 global pandemic in the United States 3 ‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for- 4 eign state shall not be immune from the jurisdiction of 5 the courts of the United States in any case in which money 6 damages are sought against a foreign state for physical 7 or economic injury to person, property, or business occur- 8 ring in the United States following any reckless action or 9 omission (including a conscious disregard of the need to 10 report information promptly or deliberately hiding rel- 11 evant information) of a foreign state, or of any official, 12 employee, or agent of that foreign state while acting with- 13 in the scope of his or her office, employment, or agency, 14 that caused or substantially aggravated the COVID–19 15 global pandemic in the United States, regardless of where 16 the action or omission occurred. 17 ‘‘(b) RULE OF CONSTRUCTION.—A foreign state shall 18 not be subject to the jurisdiction of the courts of the 19 United States under subsection (a) on the basis of an 20 omission or act that constitutes mere negligence. 21 ‘‘(c) JURISDICTION.— 22 ‘‘(1) EXCLUSIVE JURISDICTION.—The courts of 23 the United States shall have exclusive jurisdiction in 24 any action in which a foreign state is subject to the 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3588 IS jurisdiction of a court of the United States under 1 subsection (a). 2 ‘‘(2) PERSONAL JURISDICTION.—The courts of 3 the United States shall have personal jurisdiction, to 4 the maximum extent permissible under the Constitu- 5 tion of the United States, over any defendant in an 6 action described in subsection (a). 7 ‘‘(3) ADDITIONAL AUTHORITY TO ISSUE OR- 8 DERS.—In addition to authority already granted by 9 other laws, the courts of the United States shall 10 have jurisdiction to make and issue any writ or 11 order of injunction necessary or appropriate for the 12 enforcement of this section, including pre-judgment 13 injunctions related to transfer or disposal of assets. 14 ‘‘(d) INTERVENTION.—The Attorney General may in- 15 tervene in any action in which a foreign state is subject 16 to the jurisdiction of a court of the United States under 17 subsection (a) for the purpose of seeking a stay of the 18 civil action, in whole or in part if the Secretary of State 19 certifies that the United States is engaged in good faith 20 discussions with the foreign state defendant concerning 21 the resolution of the claims against the foreign state, or 22 any other parties as to whom a stay of claims is sought. 23 ‘‘(e) DURATION OF STAY.— 24 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3588 IS ‘‘(1) IN GENERAL.—A stay under this section 1 may be granted for not more than 180 days. 2 ‘‘(2) EXTENSION.— 3 ‘‘(A) IN GENERAL.—The Attorney General 4 may petition the court for an extension of the 5 stay for additional periods not to exceed 180 6 days. 7 ‘‘(B) RECERTIFICATION.—A court shall 8 grant an extension under subparagraph (A) if 9 the Secretary of State recertifies that the 10 United States remains engaged in good faith 11 discussions with the foreign state defendant 12 concerning the resolution of the claims against 13 the foreign state, or any other parties as to 14 whom a stay of claims is sought. 15 ‘‘(f) DISMISSAL OF ACTIONS FOLLOWING FOREIGN 16 STATE AGREEMENT.— 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 the dismissal of the case. 22 ‘‘(2) DISMISSAL WITH PREJUDICE.—Prior to 23 the entry of judgment, a court of the United States 24 may dismiss with prejudice a proceeding under this 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3588 IS section against a foreign state or any official, em- 1 ployee, or agent of the foreign state if the Secretary 2 of State certifies that the United States and the for- 3 eign state have entered into an agreement with re- 4 spect to the resolution of a claim against such a de- 5 fendant, regardless of whether the plaintiff is a 6 party to such agreement or consents to the dis- 7 missal.’’. 8 (b) APPLICABILITY.—The amendment made by sub- 9 section (a) shall apply to any action or omission described 10 in section 1605C of title 28, United States Code, as added 11 by that subsection, that occurred before, on, or after the 12 date of enactment of this Act. 13 (c) REMOVAL OF IMMUNITY FROM ATTACHMENT OR 14 EXECUTION.—Section 1610 of title 28, United States 15 Code, is amended— 16 (1) in subsection (a)(7), by striking ‘‘section 17 1605A or section 1605(a)(7) (as such section was in 18 effect on January 27, 2008)’’ and inserting ‘‘section 19 1605A, section 1605(a)(7) (as such section was in 20 effect on January 27, 2008), or section 1605C’’; 21 (2) in subsection (b)(2), by striking ‘‘or 22 1605(b)’’ and inserting ‘‘, 1605(b), or 1605C’’; 23 (3) by striking subsection (d) and inserting the 24 following: 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3588 IS ‘‘(d) The property of a foreign state, as defined in 1 section 1603(a) of this chapter, used for a commercial ac- 2 tivity in the United States, shall not be immune from at- 3 tachment prior to the entry of judgment in any action 4 brought in a court of the United States or of a State, 5 or prior to the elapse of the period of time provided in 6 subsection (c) of this section, if— 7 ‘‘(1) the foreign state has explicitly waived its 8 immunity from attachment prior to judgment, not- 9 withstanding any withdrawal of the waiver the for- 10 eign state may purport to effect except in accord- 11 ance with the terms of the waiver; 12 ‘‘(2) the purpose of the attachment is to secure 13 satisfaction of a judgment that has been or may ulti- 14 mately be entered against the foreign state, and not 15 to obtain jurisdiction; or 16 ‘‘(3) the attachment relates to a claim for which 17 the foreign state is not immune under section 18 1605C.’’; and 19 (4) in subsection (g)(1), in the matter pre- 20 ceding subparagraph (A), by striking ‘‘1605A’’ and 21 inserting ‘‘1605A or 1605C’’. 22 (d) CAUSE OF ACTION.—Any citizen or resident of 23 the United States injured in his or her person, property, 24 or business by reason of any reckless action or omission 25 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3588 IS (including a conscious disregard of the need to report in- 1 formation promptly or deliberately hiding relevant infor- 2 mation) of a foreign state, or of any official, employee, 3 or agent of that foreign state while acting within the scope 4 of his or her office, employment, or agency, that caused 5 or substantially aggravated the COVID–19 global pan- 6 demic in the United States, regardless of where the action 7 or omission occurred, may sue therefor in any appropriate 8 district court of the United States and shall recover three- 9 fold the damages he or she sustains and the cost of the 10 suit, including attorney’s fees. 11 (e) ENFORCEMENT BY STATE ATTORNEYS GEN- 12 ERAL.—Any State, on its own behalf or on behalf of the 13 citizens or residents of the State, may bring a civil action 14 under subsection (d) in a district court of the United 15 States. Nothing in this Act may be construed to prevent 16 a State from exercising its powers under State law. 17 (f) TIME LIMITATION ON THE COMMENCEMENT OF 18 CIVIL ACTION.—Notwithstanding any other provision of 19 law, a civil action arising under subsection (d) may be 20 commenced up to 20 years after the cause of action ac- 21 crues. 22 (g) TECHNICAL AND CONFORMING AMENDMENT.— 23 The table of sections for chapter 97 of title 28, United 24 VerDate Sep 11 2014 23:21 May 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3588.IS S3588 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3588 IS States Code, is amended by inserting afte [Text truncated for display. Full text available on Congress.gov.]