Bill Summary
This legislation, named the "Civil Justice for Victims of China-Originated Viral Infections Diseases Act" or "Civil Justice for Victims of COVID Act", aims to amend title 28 of the United States Code in order to hold foreign states accountable for their actions or omissions that have caused or contributed to the global pandemic of COVID-19 in the United States. It allows for victims of the virus to seek money damages against these foreign states, as well as their officials, employees, or agents, if their actions or omissions were reckless or intentional. It also specifies that this does not apply to cases of mere negligence. The bill grants exclusive jurisdiction to United States courts and allows for intervention by the Attorney General. It also sets a time limitation of 20 years for victims to bring a civil action.
Possible Impacts
1. This legislation could affect victims of COVID-19 in the United States by giving them the opportunity to seek financial compensation for any death, physical injury, or economic injury caused by a foreign state's reckless actions or omissions. This could provide some closure and justice for those who have been affected by the pandemic.
2. It could also affect foreign states who may face legal action and financial consequences for their actions or omissions that contributed to the spread of COVID-19 in the United States. This could potentially lead to strained diplomatic relations between the US and these foreign states.
3. The legislation could also impact the court system and the workload of judges and attorneys, as it grants exclusive jurisdiction to the courts of the United States for any actions brought under this law. This could potentially lead to longer wait times for cases to be heard and could also create a backlog of cases in the court system.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7818 Introduced in House (IH)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Justice for Victims of China-
Originated Viral Infections Diseases Act'' or the ``Civil Justice for
Victims of COVID Act''.
SEC. 2. 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.''.
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