,,ii #aafth ,,congress #b;d ,session ,s4 #cffb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbj,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to provide a civil action against a foreign state for deliberate concealment or distortion of information with respect to an international public health emergency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,holding the ,chinese ,communist ,party ,accountable for ,infecting ,americans ,act of #bjbj4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds the following3 7#a7 ,the ,communist ,party of ,china covered up the existence and downplayed the seriousness of the coronavirus disease #bjai 7,,covid-#ai71 at least as early as ,december #bjai4 7#b7 ,chinese government officials engaged in a campaign to silence and delegitimize doctors1 including ,dr4 ,li ,wenliang1 who were warning their colleagues and others about ,,covid-#ai4 7#c7 ,chinese government officials ordered the destruction of laboratory samples and research regarding ,,covid-#ai in ,january #bjbj4 7#d7 ,chinese government officials have detained or otherwise silenced researchers1 journalists1 and citizens who attempted to share information that could have proven unflattering to the response of the ,chinese government to the ,,covid-#ai outbreak4 7#e7 ,chinese government officials have expelled ,united ,states journalists who were covering the ,,covid-#ai outbreak in ,china4 7#f7 ,chinese government officials have attempted to censor or destroy academic research into ,,covid-#ai and its origins that might disagree with the official positions of the ,chinese government4 7#g7 ,chinese government officials have intentionally underreported or altered official numbers of ,,covid-#ai infections and deaths in ,china1 leading world health experts to make flawed analyses that severely underestimated the nature and seriousness of ,,covid-#ai4 7#h7 ,academic studies have shown that1 had appropriate interventions occurred to stop the spread of ,,covid-#ai even just weeks earlier1 the spread of ,,covid-#ai would have been severely curtailed4 7#i7 ,the cover-up of ,,covid-#ai by the ,chinese government-- 7,a7 has caused significant death1 injury1 and economic harm in the ,united ,states and around the world2 and 7,b7 is1 at minimum1 grossly negligent behavior causing significant injury4 7b7 ,purpose ,the purpose of this ,act is to provide civil litigants with the broadest possible basis1 consistent with the ,constitution of the ,united ,states1 to seek relief against persons1 entities1 and foreign countries1 wherever acting and wherever they may be found1 that are responsible for1 or complicit in ordering1 controlling1 or otherwise directing acts intended to deliberately conceal or distort the existence or nature of ,,covid-#ai1 if such acts are found to have likely contributed to the global ,,covid-#ai pandemic4 #c4 ,definition ,in this ,act1 the term ,,covid-#ai means the coronavirus disease #bjai 7,,covid-#ai74 #d4 ,responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies 7a7 ,in general ,chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after section #afje;,b the following new section3 #afje;,c4 ,responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies of international concern 7a7 ,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 death1 or injury to property or economic interests1 occurring in the ,united ,states and caused by-- 7#a7 the spread of ,,covid-#ai2 and 7#b7 a tortious act or acts1 including acts intended to deliberately conceal or distort the existence or nature of ,,covid-#ai1 of the foreign state1 or of any official1 employee1 or agent of that foreign state while acting within the scope of his or her office1 employment1 or agency1 regardless where the tortious act or acts of the foreign state occurred4 7b7 ,exclusive jurisdiction 7#a7 ,original jurisdiction ,the ,united ,states ,district ,court for the ,southern ,district of ,new ,york1 the ,united ,states ,district ,court for the ,northern ,district of ,california1 the ,united ,states ,district ,court for the ,northern ,district of ,illinois1 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 section4 7#b7 ,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 section4 7c7 ,stay of actions pending foreign state negotiations 7#a7 ,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 action1 in whole or in part4 7#b7 ,stay 7,a7 ,in general ,a court of the ,united ,states shall stay a proceeding under this section against a foreign state or any official1 employee1 or agent of the foreign state1 if the ,secretary of ,state certifies that the ,united ,states is engaged in good faith discussions with the foreign state defendant1 or any other defendant1 with respect to the resolution of a claim against such a defendant4 7,b7 ,duration 7i7 ,in general ,a stay under this section may be granted for not more than #ahj days4 7ii7 ,extension 7,i7 ,in general ,the ,attorney ,general may petition the court for an extension of the stay for additional #ahj-;day periods4 7,,ii7 ,recertification ,a court may grant an extension under subclause 7,i7 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 official1 employee1 or agent of the foreign state1 as to whom a stay of claims is sought4 7d7 ,dismissal of actions following foreign state agreement 7#a7 ,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 case4 7#b7 ,dismissal with prejudice ,a court of the ,united ,states may dismiss with prejudice a proceeding under this section against a foreign state or any official1 employee1 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 defendant1 regardless of whether the plaintiff is a party to such agreement or consents to the dismissal4 7e7 ,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 negligence4 7f7 ,definition ,in this section1 the term ,,covid-#ai means the coronavirus disease #bjai 7,,covid-#ai74 4 7b7 ,exceptions to the immunity from attachment or execution ,section #afaj7;g7 of title #bh1 ,united ,states ,code1 is amended by inserting 1 #afje;,b1 or #afje;,c after #afje;,a each place the term appears4 7c7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #afje;,b the following3 #afje;,c4 ,responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies of international concern4 4 7#b7 ,conforming amendment ,section #afje7;g77#a77;,a7 of title #bh1 ,united ,states ,code1 is amended by striking or section #afje;,b and inserting 1 section #afje;,b1 or section #afje;,c4 7d7 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions and amendments to any other person not similarly situated or to other circumstances1 shall not be affected by the holding4 7e7 ,applicability ,the amendments made by this section shall apply to a civil action-- 7#a7 pending on1 or commenced on or after1 the date of enactment of this ,act2 and 7#b7 7,a7 arising out of an injury to a person from ,,covid-#ai on or after ,january #a1 #bjbj2 or 7,b7 arising out of an injury to property or business during the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the coronavirus disease #bjai 7,,covid-#ai74