II 

Calendar No. 504 

116TH CONGRESS 

2D SESSION S. 4212 

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 SENATE OF THE UNITED STATES 

JULY 20, 2020 

Ms. MCSALLY (for herself, Mr. HAWLEY, Mrs. BLACKBURN, Mr. COTTON, Mr. 

TILLIS, Mr. ROUNDS, Mr. GRAHAM, and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

JULY 30, 2020 

Reported by Mr. GRAHAM, without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Civil Justice for Vic3 tims of China-Originated Viral Infections Diseases Act’’ 

4 or the ‘‘Civil Justice for Victims of COVID Act’’. 

5 SEC. 2. RESPONSIBILITY OF FOREIGN STATES FOR RECK6 LESS ACTIONS OR OMISSIONS CAUSING THE 

7 COVID–19 GLOBAL PANDEMIC IN THE UNITED 

8 STATES. 

9 (a) RESPONSIBILITY.—Chapter 97 of title 28, United 

10 States Code, is amended by inserting after section 1605B 

11 the following: 

12 ‘‘§ 1605C. Responsibility of foreign states for reckless 

13 actions or omissions causing the COVID– 

14 19 global pandemic in the United States 

15 ‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for16 eign state shall not be immune from the jurisdiction of 

17 the courts of the United States in any case in which money 

18 damages are sought against a foreign state for death or 

19 physical or economic injury to person, property, or busi20 ness occurring in the United States following any reckless 

21 action or omission (including a conscious disregard of the 

22 need to report information promptly or deliberately hiding 

23 relevant information) of a foreign state, or of any official, 

24 employee, or agent of that foreign state while acting with25 in the scope of his or her office, employment, or agency, 

26 that caused or substantially contributed to the COVID– 


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1 19 global pandemic in the United States, regardless of 

2 where the action or omission occurred. 

3 ‘‘(b) RULE OF CONSTRUCTION.—A foreign state shall 

4 not be subject to the jurisdiction of the courts of the 

5 United States under subsection (a) on the basis of an 

6 omission or act that constitutes mere negligence. 

7 ‘‘(c) JURISDICTION.— 

8 ‘‘(1) EXCLUSIVE JURISDICTION.—The courts of 

9 the United States shall have exclusive jurisdiction in 

10 any action in which a foreign state is subject to the 

11 jurisdiction of a court of the United States under 

12 subsection (a). 

13 ‘‘(2) ADDITIONAL AUTHORITY TO ISSUE OR14 DERS.—In addition to authority already granted by 

15 other laws, the courts of the United States shall 

16 have jurisdiction to make and issue any writ or 

17 order of injunction necessary or appropriate for the 

18 enforcement of this section, including pre-judgment 

19 injunctions related to transfer or disposal of assets. 

20 ‘‘(d) INTERVENTION.—The Attorney General may in21 tervene in any action in which a foreign state is subject 

22 to the jurisdiction of a court of the United States under 

23 subsection (a) for the purpose of seeking a stay of the 

24 civil action, in whole or in part. 

25 ‘‘(e) STAY.— 


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1 ‘‘(1) IN GENERAL.—A court of the United 

2 States may stay a proceeding against a foreign state 

3 if the Secretary of State certifies that the United 

4 States is engaged in good faith discussions with the 

5 foreign state defendant concerning the resolution of 

6 the claims against the foreign state, or any other 

7 parties as to whom a stay of claims is sought. In ex8 ercising its discretion under this subsection, the 

9 court shall balance the interests of the United States 

10 with the interests of the plaintiffs in a timely review 

11 of their claims. 

12 ‘‘(2) DURATION.— 

13 ‘‘(A) IN GENERAL.—A stay under this sec14 tion may be granted for not more than 180 

15 days. 

16 ‘‘(B) EXTENSION.— 

17 ‘‘(i) IN GENERAL.—The Attorney 

18 General may petition the court for an ex19 tension of the stay for additional periods 

20 not to exceed 180 days. 

21 ‘‘(ii) RECERTIFICATION.—A court 

22 may grant an extension under subpara23 graph (A) if the Secretary of State recer24 tifies that the United States remains en25 gaged in good faith discussions with the 


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1 foreign state defendant concerning the res2 olution of the claims against the foreign 

3 state, or any other parties as to whom a 

4 stay of claims is sought. In choosing 

5 whether to grant an extension, the court 

6 shall balance the interests of the United 

7 States with the interests of the plaintiffs in 

8 a timely review of their claims.’’. 

9 (b) APPLICABILITY.—The amendment made by sub10 section (a) shall apply to any action or omission described 

11 in section 1605C of title 28, United States Code, as added 

12 by that subsection, that occurred before, on, or after the 

13 date of enactment of this Act. 

14 (c) REMOVAL OF IMMUNITY FROM ATTACHMENT OR

15 EXECUTION.—Section 1610 of title 28, United States 

16 Code, is amended— 

17 (1) in subsection (a)(7), by striking ‘‘section 

18 1605A or section 1605(a)(7) (as such section was in 

19 effect on January 27, 2008)’’ and inserting ‘‘section 

20 1605A, section 1605(a)(7) (as such section was in 

21 effect on January 27, 2008), or section 1605C’’; 

22 (2) in subsection (b)(2), by striking ‘‘or 

23 1605(b)’’ and inserting ‘‘, 1605(b), or 1605C’’; 

24 (3) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) The property of a foreign state, as defined in 

2 section 1603(a) of this chapter, used for a commercial ac3 tivity in the United States, shall not be immune from at4 tachment prior to the entry of judgment in any action 

5 brought in a court of the United States or of a State, 

6 or prior to the elapse of the period of time provided in 

7 subsection (c) of this section, if— 

8 ‘‘(1) the foreign state has explicitly waived its 

9 immunity from attachment prior to judgment, not10 withstanding any withdrawal of the waiver the for11 eign state may purport to effect except in accord12 ance with the terms of the waiver; 

13 ‘‘(2) the purpose of the attachment is to secure 

14 satisfaction of a judgment that has been or may ulti15 mately be entered against the foreign state, and not 

16 to obtain jurisdiction; or 

17 ‘‘(3) the attachment relates to a claim for which 

18 the foreign state is not immune under section 

19 1605C.’’; and 

20 (4) in subsection (g)(1), in the matter pre21 ceding subparagraph (A), by striking ‘‘1605A’’ and 

22 inserting ‘‘1605A or 1605C’’. 

23 (d) CAUSE OF ACTION.—Any citizen or resident of 

24 the United States injured in his or her person, property, 

25 or business by reason of any reckless action or omission 


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1 (including a conscious disregard of the need to report in2 formation promptly or deliberately hiding relevant infor3 mation) of a foreign state, or of any official, employee, 

4 or agent of that foreign state while acting within the scope 

5 of his or her office, employment, or agency, that caused 

6 or substantially contributed to the COVID–19 global pan7 demic in the United States, regardless of where the action 

8 or omission occurred, may sue therefor in any appropriate 

9 district court of the United States and shall recover three10 fold the damages he or she sustains and the cost of the 

11 suit, including attorney’s fees. 

12 (e) ENFORCEMENT BY STATE ATTORNEYS GEN13 ERAL.—Any State, on its own behalf or on behalf of the 

14 citizens or residents of the State, may bring a civil action 

15 under subsection (d) in a district court of the United 

16 States. Nothing in this Act may be construed to prevent 

17 a State from exercising its powers under State law. 

18 (f) TIME LIMITATION ON THE COMMENCEMENT OF

19 CIVIL ACTION.—Notwithstanding any other provision of 

20 law, a civil action arising under subsection (d) may be 

21 commenced up to 20 years after the cause of action ac22 crues. 

23 (g) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 97 of title 28, United 


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1 States Code, is amended by inserting after the item relat2 ing 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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Calendar No. 504 

116TH CONGRESS 

2D SESSION S. 4212 

A BILL 

To amend title 28, United States Code, to strip forin the United States. to secure justice for victims of novel coronavirus eign sovereign immunity of certain foreign states 

JULY 30, 2020 

Reported without amendment 


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