II 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Justice for Vic5 tims of China-Originated Viral Infections Diseases Act’’ 

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


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1 SEC. 2. RESPONSIBILITY OF FOREIGN STATES FOR RECK2 LESS ACTIONS OR OMISSIONS CAUSING THE 

3 COVID–19 GLOBAL PANDEMIC IN THE UNITED 

4 STATES. 

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

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

7 the following: 

8 ‘‘§ 1605C. Responsibility of foreign states for reckless 

9 actions or omissions causing the COVID– 

10 19 global pandemic in the United States 

11 ‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for12 eign state shall not be immune from the jurisdiction of 

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

14 damages are sought against a foreign state for death or 

15 physical or economic injury to person, property, or busi16 ness occurring in the United States following any reckless 

17 action or omission (including a conscious disregard of the 

18 need to report information promptly or deliberately hiding 

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

20 employee, or agent of that foreign state while acting with21 in the scope of his or her office, employment, or agency, 

22 that caused or substantially contributed to the COVID– 

23 19 global pandemic in the United States, regardless of 

24 where the action or omission occurred. 

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

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


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

2 omission or act that constitutes mere negligence. 

3 ‘‘(c) JURISDICTION.— 

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

5 the United States shall have exclusive jurisdiction in 

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

7 jurisdiction of a court of the United States under 

8 subsection (a). 

9 ‘‘(2) ADDITIONAL AUTHORITY TO ISSUE OR10 DERS.—In addition to authority already granted by 

11 other laws, the courts of the United States shall 

12 have jurisdiction to make and issue any writ or 

13 order of injunction necessary or appropriate for the 

14 enforcement of this section, including pre-judgment 

15 injunctions related to transfer or disposal of assets. 

16 ‘‘(d) INTERVENTION.—The Attorney General may in17 tervene in any action in which a foreign state is subject 

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

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

20 civil action, in whole or in part. 

21 ‘‘(e) STAY.— 

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

23 States may stay a proceeding against a foreign state 

24 if the Secretary of State certifies that the United 

25 States is engaged in good faith discussions with the 


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1 foreign state defendant concerning the resolution of 

2 the claims against the foreign state, or any other 

3 parties as to whom a stay of claims is sought. In ex4 ercising its discretion under this subsection, the 

5 court shall balance the interests of the United States 

6 with the interests of the plaintiffs in a timely review 

7 of their claims. 

8 ‘‘(2) DURATION.— 

9 ‘‘(A) IN GENERAL.—A stay under this sec10 tion may be granted for not more than 180 

11 days. 

12 ‘‘(B) EXTENSION.— 

13 ‘‘(i) IN GENERAL.—The Attorney 

14 General may petition the court for an ex15 tension of the stay for additional periods 

16 not to exceed 180 days. 

17 ‘‘(ii) RECERTIFICATION.—A court 

18 may grant an extension under subpara19 graph (A) if the Secretary of State recer20 tifies that the United States remains en21 gaged in good faith discussions with the 

22 foreign state defendant concerning the res23 olution of the claims against the foreign 

24 state, or any other parties as to whom a 

25 stay of claims is sought. In choosing 


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1 whether to grant an extension, the court 

2 shall balance the interests of the United 

3 States with the interests of the plaintiffs in 

4 a timely review of their claims.’’. 

5 (b) APPLICABILITY.—The amendment made by sub6 section (a) shall apply to any action or omission described 

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

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

9 date of enactment of this Act. 

10 (c) REMOVAL OF IMMUNITY FROM ATTACHMENT OR

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

12 Code, is amended— 

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

14 1605A or section 1605(a)(7) (as such section was in 

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

16 1605A, section 1605(a)(7) (as such section was in 

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

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

19 1605(b)’’ and inserting ‘‘, 1605(b), or 1605C’’; 

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

21 following: 

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

23 section 1603(a) of this chapter, used for a commercial ac24 tivity in the United States, shall not be immune from at25 tachment prior to the entry of judgment in any action 


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

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

3 subsection (c) of this section, if— 

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

5 immunity from attachment prior to judgment, not6 withstanding any withdrawal of the waiver the for7 eign state may purport to effect except in accord8 ance with the terms of the waiver; 

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

10 satisfaction of a judgment that has been or may ulti11 mately be entered against the foreign state, and not 

12 to obtain jurisdiction; or 

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

14 the foreign state is not immune under section 

15 1605C.’’; and 

16 (4) in subsection (g)(1), in the matter pre17 ceding subparagraph (A), by striking ‘‘1605A’’ and 

18 inserting ‘‘1605A or 1605C’’. 

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

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

21 or business by reason of any reckless action or omission 

22 (including a conscious disregard of the need to report in23 formation promptly or deliberately hiding relevant infor24 mation) of a foreign state, or of any official, employee, 

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


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

2 or substantially contributed to the COVID–19 global pan3 demic in the United States, regardless of where the action 

4 or omission occurred, may sue therefor in any appropriate 

5 district court of the United States and shall recover three6 fold the damages he or she sustains and the cost of the 

7 suit, including attorney’s fees. 

8 (e) ENFORCEMENT BY STATE ATTORNEYS GEN9 ERAL.—Any State, on its own behalf or on behalf of the 

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

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

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

13 a State from exercising its powers under State law. 

14 (f) TIME LIMITATION ON THE COMMENCEMENT OF

15 CIVIL ACTION.—Notwithstanding any other provision of 

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

17 commenced up to 20 years after the cause of action ac18 crues. 

19 (g) TECHNICAL AND CONFORMING AMENDMENT.— 

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

21 States Code, is amended by inserting after the item relat22 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.’’. 

Æ 


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