,,ii #aafth ,,congress #b;d ,session ,s4 #cfgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #aa1 #bjbj,mr4 ,hawley 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 strip foreign sovereign immunity of certain foreign states to secure justice for victims of novel coronavirus in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,civil ,justice for ,victims of ,coronavirus ,act4 #b4 ,responsibility of foreign states for reckless actions or omissions causing the ,,covid-#ai global pandemic in the ,united ,states 7a7 ,responsibility ,chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after section #afje;,b the following3 #afje;,c4 ,responsibility of foreign states for reckless actions or omissions causing the ,,covid-#ai global pandemic in the ,united ,states 7a7 ,responsibility of foreign states ,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 or economic injury to person1 property1 or business occurring in the ,united ,states following any reckless action or omission 7including a conscious disregard of the need to report information promptly or deliberately hiding relevant information7 of a 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 that caused or substantially aggravated the ,,covid-#ai global pandemic in the ,united ,states1 regardless of where the action or omission occurred4 7b7 ,rule of construction ,a foreign state shall not be subject to the jurisdiction of the courts of the ,united ,states under subsection 7a7 on the basis of an omission or act that constitutes mere negligence4 7c7 ,jurisdiction 7#a7 ,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 7a74 7#b7 ,personal jurisdiction ,the courts of the ,united ,states shall have personal jurisdiction1 to the maximum extent permissible under the ,constitution of the ,united ,states1 over any defendant in an action described in subsection 7a74 7#c7 ,additional authority to issue orders ,in addition to authority already granted by other laws1 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 section1 including pre-judgment injunctions related to transfer or disposal of assets4 7d7 ,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 subsection 7a7 for the purpose of seeking a stay of the civil action1 in whole or in part if the ,secretary of ,state certifies that the ,united ,states is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state1 or any other parties as to whom a stay of claims is sought4 7e7 ,duration of stay 7#a7 ,in general ,a stay under this section may be granted for not more than #ahj days4 7#b7 ,extension 7,a7 ,in general ,the ,attorney ,general may petition the court for an extension of the stay for additional periods not to exceed #ahj days4 7,b7 ,recertification ,a court shall grant an extension under subparagraph 7,a7 if the ,secretary of ,state recertifies that the ,united ,states remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state1 or any other parties as to whom a stay of claims is sought4 7f7 ,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 ,prior to the entry of judgment1 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 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply to any action or omission described in section #afje;,c of title #bh1 ,united ,states ,code1 as added by that subsection1 that occurred before1 on1 or after the date of enactment of this ,act4 7c7 ,removal of immunity from attachment or execution ,section #afaj of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#g71 by striking section #afje;,a or section #afje7;a77#g7 7as such section was in effect on ,january #bg1 #bjjh7 and inserting section #afje;,a1 section #afje7;a77#g7 7as such section was in effect on ,january #bg1 #bjjh71 or section #afje;,c2 7#b7 in subsection 7b77#b71 by striking or #afje7;b7 and inserting 1 #afje7;b71 or #afje;,c2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,the property of a foreign state1 as defined in section #afjc7;a7 of this chapter1 used for a commercial activity in the ,united ,states1 shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the ,united ,states or of a ,state1 or prior to the elapse of the period of time provided in subsection 7c7 of this section1 if-- 7#a7 the foreign state has explicitly waived its immunity from attachment prior to judgment1 notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver2 7#b7 the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state1 and not to obtain jurisdiction2 or 7#c7 the attachment relates to a claim for which the foreign state is not immune under section #afje;,c4 2 and 7#d7 in subsection 7g77#a71 in the matter preceding subparagraph 7,a71 by striking #afje;,a and inserting #afje;,a or #afje;,c4 7d7 ,cause of action ,any citizen or resident of the ,united ,states injured in his or her person1 property1 or business by reason of any reckless action or omission 7including a conscious disregard of the need to report information promptly or deliberately hiding relevant information7 of a 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 that caused or substantially aggravated the ,,covid-#ai global pandemic in the ,united ,states1 regardless of where the action or omission occurred1 may sue therefor in any appropriate district court of the ,united ,states and shall recover threefold the damages he or she sustains and the cost of the suit1 including attorney's fees4 7e7 ,enforcement by state attorneys general ,any ,state1 on its own behalf or on behalf of the citizens or residents of the ,state1 may bring a civil action under subsection 7d7 in a district court of the ,united ,states4 ,nothing in this ,act may be construed to prevent a ,state from exercising its powers under ,state law4 7f7 ,time limitation on the commencement of civil action ,notwithstanding any other provision of law1 a civil action arising under subsection 7d7 may be commenced up to #bj years after the cause of action accrues4 7g7 ,technical and conforming amendment ,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 reckless actions or omissions causing the ,,covid-#ai global pandemic in the ,united ,states4 4