Civil Justice for Victims of COVID Act

I 116TH CONGRESS 2D SESSION H. R. 7818 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 HOUSE OF REPRESENTATIVES JULY 29, 2020 Mr. GOODEN (for himself and Mr. BANKS) introduced the following bill; which was 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 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 ‘‘Civil Justice for Vic- 4 tims of China-Originated Viral Infections Diseases Act’’ 5 or the ‘‘Civil Justice for Victims of COVID Act’’. 6 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7818 IH SEC. 2. RESPONSIBILITY OF FOREIGN STATES FOR RECK- 1 LESS ACTIONS OR OMISSIONS CAUSING THE 2 COVID–19 GLOBAL PANDEMIC IN THE UNITED 3 STATES. 4 (a) RESPONSIBILITY.—Chapter 97 of title 28, United 5 States Code, is amended by inserting after section 1605B 6 the following: 7 ‘‘§ 1605C. Responsibility of foreign states for reckless 8 actions or omissions causing the COVID– 9 19 global pandemic in the United States 10 ‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for- 11 eign state shall not be immune from the jurisdiction of 12 the courts of the United States in any case in which money 13 damages are sought against a foreign state for death or 14 physical or economic injury to person, property, or busi- 15 ness occurring in the United States following any reckless 16 action or omission (including a conscious disregard of the 17 need to report information promptly or deliberately hiding 18 relevant information) of a foreign state, or of any official, 19 employee, or agent of that foreign state while acting with- 20 in the scope of his or her office, employment, or agency, 21 that caused or substantially contributed to the COVID– 22 19 global pandemic in the United States, regardless of 23 where the action or omission occurred. 24 ‘‘(b) RULE OF CONSTRUCTION.—A foreign state shall 25 not be subject to the jurisdiction of the courts of the 26 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7818 IH United States under subsection (a) on the basis of an 1 omission or act that constitutes mere negligence. 2 ‘‘(c) JURISDICTION.— 3 ‘‘(1) EXCLUSIVE JURISDICTION.—The courts of 4 the United States shall have exclusive jurisdiction in 5 any action in which a foreign state is subject to the 6 jurisdiction of a court of the United States under 7 subsection (a). 8 ‘‘(2) ADDITIONAL AUTHORITY TO ISSUE OR- 9 DERS.—In addition to authority already granted by 10 other laws, the courts of the United States shall 11 have jurisdiction to make and issue any writ or 12 order of injunction necessary or appropriate for the 13 enforcement of this section, including pre-judgment 14 injunctions related to transfer or disposal of assets. 15 ‘‘(d) INTERVENTION.—The Attorney General may in- 16 tervene in any action in which a foreign state is subject 17 to the jurisdiction of a court of the United States under 18 subsection (a) for the purpose of seeking a stay of the 19 civil action, in whole or in part. 20 ‘‘(e) STAY.— 21 ‘‘(1) IN GENERAL.—A court of the United 22 States may stay a proceeding against a foreign state 23 if the Secretary of State certifies that the United 24 States is engaged in good faith discussions with the 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7818 IH foreign state defendant concerning the resolution of 1 the claims against the foreign state, or any other 2 parties as to whom a stay of claims is sought. In ex- 3 ercising its discretion under this subsection, the 4 court shall balance the interests of the United States 5 with the interests of the plaintiffs in a timely review 6 of their claims. 7 ‘‘(2) DURATION.— 8 ‘‘(A) IN GENERAL.—A stay under this sec- 9 tion may be granted for not more than 180 10 days. 11 ‘‘(B) EXTENSION.— 12 ‘‘(i) IN GENERAL.—The Attorney 13 General may petition the court for an ex- 14 tension of the stay for additional periods 15 not to exceed 180 days. 16 ‘‘(ii) RECERTIFICATION.—A court 17 may grant an extension under subpara- 18 graph (A) if the Secretary of State recer- 19 tifies that the United States remains en- 20 gaged in good faith discussions with the 21 foreign state defendant concerning the res- 22 olution of the claims against the foreign 23 state, or any other parties as to whom a 24 stay of claims is sought. In choosing 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7818 IH whether to grant an extension, the court 1 shall balance the interests of the United 2 States with the interests of the plaintiffs in 3 a timely review of their claims.’’. 4 (b) APPLICABILITY.—The amendment made by sub- 5 section (a) shall apply to any action or omission described 6 in section 1605C of title 28, United States Code, as added 7 by that subsection, that occurred before, on, or after the 8 date of enactment of this Act. 9 (c) REMOVAL OF IMMUNITY FROM ATTACHMENT OR 10 EXECUTION.—Section 1610 of title 28, United States 11 Code, is amended— 12 (1) in subsection (a)(7), by striking ‘‘section 13 1605A or section 1605(a)(7) (as such section was in 14 effect on January 27, 2008)’’ and inserting ‘‘section 15 1605A, section 1605(a)(7) (as such section was in 16 effect on January 27, 2008), or section 1605C’’; 17 (2) in subsection (b)(2), by striking ‘‘or 18 1605(b)’’ and inserting ‘‘, 1605(b), or 1605C’’; 19 (3) by striking subsection (d) and inserting the 20 following: 21 ‘‘(d) The property of a foreign state, as defined in 22 section 1603(a) of this chapter, used for a commercial ac- 23 tivity in the United States, shall not be immune from at- 24 tachment prior to the entry of judgment in any action 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7818 IH brought in a court of the United States or of a State, 1 or prior to the elapse of the period of time provided in 2 subsection (c) of this section, if— 3 ‘‘(1) the foreign state has explicitly waived its 4 immunity from attachment prior to judgment, not- 5 withstanding any withdrawal of the waiver the for- 6 eign state may purport to effect except in accord- 7 ance with the terms of the waiver; 8 ‘‘(2) the purpose of the attachment is to secure 9 satisfaction of a judgment that has been or may ulti- 10 mately be entered against the foreign state, and not 11 to obtain jurisdiction; or 12 ‘‘(3) the attachment relates to a claim for which 13 the foreign state is not immune under section 14 1605C.’’; and 15 (4) in subsection (g)(1), in the matter pre- 16 ceding subparagraph (A), by striking ‘‘1605A’’ and 17 inserting ‘‘1605A or 1605C’’. 18 (d) CAUSE OF ACTION.—Any citizen or resident of 19 the United States injured in his or her person, property, 20 or business by reason of any reckless action or omission 21 (including a conscious disregard of the need to report in- 22 formation promptly or deliberately hiding relevant infor- 23 mation) of a foreign state, or of any official, employee, 24 or agent of that foreign state while acting within the scope 25 VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7818 IH of his or her office, employment, or agency, that caused 1 or substantially contributed to the COVID–19 global pan- 2 demic in the United States, regardless of where the action 3 or omission occurred, may sue therefor in any appropriate 4 district court of the United States and shall recover three- 5 fold the damages he or she sustains and the cost of the 6 suit, including attorney’s fees. 7 (e) ENFORCEMENT BY STATE ATTORNEYS GEN- 8 ERAL.—Any State, on its own behalf or on behalf of the 9 citizens or residents of the State, may bring a civil action 10 under subsection (d) in a district court of the United 11 States. Nothing in this Act may be construed to prevent 12 a State from exercising its powers under State law. 13 (f) TIME LIMITATION ON THE COMMENCEMENT OF 14 CIVIL ACTION.—Notwithstanding any other provision of 15 law, a civil action arising under subsection (d) may be 16 commenced up to 20 years after the cause of action ac- 17 crues. 18 (g) TECHNICAL AND CONFORMING AMENDMENT.— 19 The table of sections for chapter 97 of title 28, United 20 States Code, is amended by inserting after the item relat- 21 ing to section 1605B the following: 22 ‘‘1605C. Responsibility of foreign states for reckless actions or omissions caus- ing the COVID–19 global pandemic in the United States.’’. Æ VerDate Sep 11 2014 22:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H7818.IH H7818 pamtmann on DSKBC07HB2PROD with BILLS