Title: Holding the Chinese Communist Party Accountable for Infecting Americans Act of 2021
Policy area: Law

Summary:
Holding the Chinese Communist Party Accountable for Infecting Americans Act of 2021
This bill allows foreign states to be sued in a U.S. court for physical or economic harms occurring in the United States as a result of COVID-19. (Typically, a foreign state is immune from lawsuits filed against it in a U.S. court.)
Specifically, a foreign state shall not have immunity from a lawsuit seeking damages for (1) the foreign state's spread of COVID-19, or (2) tortious acts intended to deliberately conceal or distort the existence or nature of COVID-19.
If the United States is in discussions with a foreign state that is seeking to resolve claims related to COVID-19 against the foreign state, the Department of Justice may intervene and seek a stay in a case filed under this bill involving the foreign state.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2180 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2180

   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 SENATE OF THE UNITED STATES

                             June 22, 2021

  Mr. Cotton 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 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.

    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 ``Holding the Chinese Communist Party 
Accountable for Infecting Americans Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Chinese Communist Party covered up the existence 
        and downplayed the seriousness of SARS-CoV-2 (referred to in 
        this Act as ``COVID-19'') at least as early as December 2019.
            (2) Chinese Government officials engaged in a campaign to 
        silence and delegitimize doctors, including Dr. Li Wenliang, 
        who were warning their colleagues and others about COVID-19.
            (3) Chinese Government officials ordered the destruction of 
        laboratory samples and research regarding 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 
        response of the Chinese Government to the COVID-19 outbreak.
            (5) Chinese Government officials have expelled United 
        States 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 official positions of the Chinese 
        Government.
            (7) Chinese Government officials have intentionally 
        underreported or altered official numbers of 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 appropriate 
        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 behavior causing significant 
        injury.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide civil litigants with the 
broadest possible basis, consistent with the Constitution of the United 
States, to seek relief against persons, 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 
existence 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 DELIBERATE CONCEALMENT OR 
              DISTORTING INFORMATION 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 
              public health emergencies of international concern
    ``(a) Responsibility of Foreign State.--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 
physical injury or death, or injury to property or economic interests, 
occurring in the United States and caused by--
            ``(1) the spread of COVID-19; and
            ``(2) a tortious act or acts, including acts intended 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 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.--
            ``(1) Original 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 Northern District of 
        Illinois, and the United States District Court for the Southern 
        District of Texas shall have original 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.
            ``(2) Appellate jurisdiction.--The United States Court of 
        Appeals for the Federal Circuit shall have exclusive 
        jurisdiction of an appeal from a final decision of an action 
        under this section.
    ``(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 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 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 subclause 
                                (I) if the Secretary of State 
                                recertifies that the United States 
                                remains engaged in good faith 
                                discussions with the foreign state 
                                defendant or any other defendant 
                                concerning the resolution of a claim 
                                against the foreign state or any 
                                official, employee, or 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 proceeding 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 section or the 
application of a provision to any person or circumstance, is held to be 
invalid, the remainder of this section and the application of the 
provisions to any other person not similarly situated or to other 
circumstances, shall not be affected 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) Definition.--In this section, the term `COVID-19' means the 
2019 Novel Coronavirus or 2019-nCoV.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--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 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 inserting ``, section 1605B, or section 1605C''.
    (c) Applicability.--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)(A) arising out of an injury to a person from COVID-19 
        on or after January 1, 2020; or
            (B) arising out of an injury to property or business during 
        the national emergency declared by the President under the 
        National Emergencies Act (50 U.S.C. 1601 et seq.) with respect 
        to the coronavirus disease 2019 (COVID-19).
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