I 
117TH CONGRESS 
1ST SESSION H. R. 3984 
To amend title 28, United States Code, to provide a civil action against 
a foreign state for deliberate concealment or distortion of information 
with respect to an international public health emergency, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2021 
Mr. CRENSHAW introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to provide a civil 
action against a foreign state for deliberate concealment 
or distortion of information with respect to an inter-
national public health emergency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Holding the Chinese 
Communist Party Accountable for Infecting Americans 
Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The Chinese Communist Party covered up 
the existence and downplayed the seriousness of 
SARS–CoV–2, hereinafter referred to as COVID– 
19, at least as early as December 2019. 
(2) Chinese government officials engaged in a 
campaign to silence and delegitimize doctors—in-
cluding Dr. Li Wenliang—who were warning their 
colleagues and others about COVID–19. 
(3) Chinese government officials ordered the de-
struction of laboratory samples and research regard-
ing COVID–19 in January 2020. 
(4) Chinese government officials have detained 
or otherwise silenced researchers, journalists, and 
citizens who attempted to share information that 
could have proven unflattering to the Chinese gov-
ernment’s response to the COVID–19 outbreak. 
(5) Chinese government officials have expelled 
American journalists who were covering the COVID– 
19 outbreak in China. 
(6) Chinese government officials have attempted 
to censor or destroy academic research into COVID– 
19 and its origins that might disagree with the offi-
cial positions of the Chinese government. 
(7) Chinese government officials have inten-
tionally underreported or altered official numbers of 
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COVID–19 infections and deaths in China, leading 
world health experts to make flawed analyses that 
severely underestimated the nature and seriousness 
of COVID–19. 
(8) Academic studies have shown that, had ap-
propriate interventions occurred to stop the spread 
of COVID–19 even just weeks earlier, the spread of 
COVID–19 would have been severely curtailed. 
(9) The cover-up of COVID–19 by the Chinese 
government has caused significant economic harm in 
the United States and around the world. 
(10) The cover-up of COVID–19 by the Chinese 
government has caused significant death and injury 
in the United States and around the world. 
(11) The cover-up of COVID–19 by the Chinese 
government is, at minimum, grossly negligent behav-
ior causing significant injury. 
SEC. 3. PURPOSE. 
The purpose of this Act is to provide civil litigants 
with the broadest possible basis, consistent with the Con-
stitution of the United States, to seek relief against per-
sons, entities, and foreign countries, wherever acting and 
wherever they may be found, that are responsible for, or 
complicit in ordering, controlling, or otherwise directing 
acts intended to deliberately conceal or distort the exist-
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ence or nature of COVID–19, if such acts are found to 
have likely contributed to the global COVID–19 pandemic. 
SEC. 4. RESPONSIBILITY OF FOREIGN STATES FOR DELIB-
ERATE CONCEALMENT OR DISTORTING IN-
FORMATION ABOUT INTERNATIONAL PUBLIC 
HEALTH EMERGENCIES. 
(a) IN GENERAL.—Chapter 97 of title 28, United 
States Code, is amended by inserting after section 1605B 
the following new section: 
‘‘SEC. 1605C. RESPONSIBILITY OF FOREIGN STATES FOR 
DELIBERATE CONCEALMENT OR DISTORTING 
INFORMATION ABOUT INTERNATIONAL PUB-
LIC 
HEALTH 
EMERGENCIES 
OF 
INTER-
NATIONAL CONCERN. 
‘‘(a) RESPONSIBILITY OF FOREIGN STATE.—A for-
eign 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 physical 
injury or death, or injury to property or economic inter-
ests, occurring in the United States and caused by— 
‘‘(1) the spread of COVID–19; and 
‘‘(2) a tortious act or acts, including acts in-
tended to deliberately conceal or distort the existence 
or nature of COVID–19, of the foreign state, or of 
any official, employee, or agent of that foreign state 
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while acting within the scope of his or her office, 
employment, or agency, regardless where the 
tortious act or acts of the foreign state occurred. 
‘‘(b) EXCLUSIVE JURISDICTION.—The United States 
District Court for the Southern District of New York, the 
United States District Court for the Northern District of 
California, the United States District Court for the North-
ern District of Illinois, and the United States District 
Court for the Southern District of Texas shall have origi-
nal and exclusive jurisdiction over all actions in which a 
foreign state is subject to the jurisdiction of a court of 
the United States under this section. Appellate jurisdic-
tion for such actions shall be exclusively reserved to the 
United States District Court of Appeals for the Federal 
Circuit. 
‘‘(c) STAY OF ACTIONS PENDING FOREIGN STATE 
NEGOTIATIONS.— 
‘‘(1) 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 this section for the purpose of seeking 
a stay of the civil action, in whole or in part. 
‘‘(2) STAY.— 
‘‘(A) IN GENERAL.—A court of the United 
States shall stay a proceeding under this sec-
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tion against a foreign state or any official, em-
ployee, or agent of the foreign state, if the Sec-
retary of State certifies that the United States 
is engaged in good faith discussions with the 
foreign state defendant, or any other defendant, 
with respect to the resolution of a claim against 
such a defendant. 
‘‘(B) DURATION.— 
‘‘(i) IN GENERAL.—A stay under this 
section may be granted for not more than 
180 days. 
‘‘(ii) EXTENSION.— 
‘‘(I) IN GENERAL.—The Attorney 
General may petition the court for an 
extension of the stay for additional 
180-day periods. 
‘‘(II) 
RECERTIFICATION.—A 
court may grant an extension under 
clause (I) if the Secretary of State re-
certifies that the United States re-
mains engaged in good faith discus-
sions with the foreign state defendant 
or any other defendant concerning the 
resolution of a claim against the for-
eign state or any official, employee, or 
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agent of the foreign state, as to whom 
a stay of claims is sought. 
‘‘(d) DISMISSAL OF ACTIONS FOLLOWING FOREIGN 
STATE AGREEMENT.— 
‘‘(1) 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 this section for the purpose of seeking 
the dismissal of the case. 
‘‘(2) DISMISSAL WITH PREJUDICE.—A court of 
the United States may dismiss with prejudice a pro-
ceeding under this section against a foreign state or 
any official, employee, or agent of the foreign state 
if the Secretary of State certifies that the United 
States and the foreign state have entered into an 
agreement with respect to the resolution of a claim 
against such a defendant, regardless of whether the 
plaintiff is a party to such agreement or consents to 
the dismissal. 
‘‘(e) SEVERABILITY.—If any provision of this Act or 
any amendment made by this Act, or the application of 
a provision or amendment to any person or circumstance, 
is held to be invalid, the remainder of this Act and the 
amendments made by this Act, and the application of the 
provisions and amendments to any other person not simi-
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larly situated or to other circumstances, shall not be af-
fected by the holding. 
‘‘(f) RULE OF CONSTRUCTION.—A foreign state shall 
not be subject to the jurisdiction of the courts of the 
United States under this section on the basis of a tortious 
act or acts that constitute mere negligence. 
‘‘(g) APPLICATION DATE.—The amendments made 
by this Act shall apply to a civil action— 
‘‘(1) pending on, or commenced on or after, the 
date of enactment of this Act; and 
‘‘(2) arising out of an injury to a person from 
COVID–19 on or after January 1, 2020, or arising 
out of an injury to property or business during the 
pendency of the National Emergency Concerning the 
Novel Coronavirus Disease (COVID–19) Outbreak 
declared by the President on March 13, 2020, under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.). 
‘‘(h) DEFINITION.—In this section, the term 
‘COVID–19’ has the meaning given that term in section 
2102 of the Coronavirus Aid, Relief, and Economic Secu-
rity Act (Public Law 116–136).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 97 of title 28, United States Code, is 
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amended by inserting after the item relating to sec-
tion 1605B the following: 
‘‘1605C. Responsibility of foreign states for deliberate concealment or distorting 
information about international public health emergencies of 
international concern.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1605(g)(1)(A) of title 28, United States Code, is 
amended by striking ‘‘or section 1605B’’ and insert-
ing ‘‘, section 1605B, or section 1605C’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date of the enactment 
of this Act. 
Æ 
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