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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civil Justice for Vic-
tims of China-Originated Viral Infections Diseases Act’’ 
or the ‘‘Civil Justice for Victims of COVID Act’’. 
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SEC. 2. RESPONSIBILITY OF FOREIGN STATES FOR RECK-
LESS 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: 
‘‘§ 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 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 death or 
physical or economic injury to person, property, or busi-
ness 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 with-
in 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 
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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
OR-
DERS.—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 in-
tervene 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 
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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 ex-
ercising 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 sec-
tion may be granted for not more than 180 
days. 
‘‘(B) EXTENSION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General may petition the court for an ex-
tension of the stay for additional periods 
not to exceed 180 days. 
‘‘(ii) 
RECERTIFICATION.—A 
court 
may grant an extension under subpara-
graph (A) if the Secretary of State recer-
tifies that the United States remains en-
gaged in good faith discussions with the 
foreign state defendant concerning the res-
olution of the claims against the foreign 
state, or any other parties as to whom a 
stay of claims is sought. In choosing 
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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, not-
withstanding any withdrawal of the waiver the for-
eign state may purport to effect except in accord-
ance with the terms of the waiver; 
‘‘(2) the purpose of the attachment is to secure 
satisfaction of a judgment that has been or may ulti-
mately 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 pre-
ceding 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 in-
formation promptly or deliberately hiding relevant infor-
mation) of a foreign state, or of any official, employee, 
or agent of that foreign state while acting within the scope 
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of his or her office, employment, or agency, that caused 
or substantially contributed to the COVID–19 global pan-
demic 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 three-
fold the damages he or she sustains and the cost of the 
suit, including attorney’s fees. 
(e) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.—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 ac-
crues. 
(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 relat-
ing to section 1605B the following: 
‘‘1605C. Responsibility of foreign states for reckless actions or omissions caus-
ing the COVID–19 global pandemic in the United States.’’. 
Æ 
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