,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dbab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bj1     
#bjbj,ms4 ,mc,sally 7for herself1 ,mr4  
,hawley1 ,mrs4 ,blackburn1 ,mr4 ,cotton1
 ,mr4 ,tillis1 ,mr4 ,rounds1 ,mr4       
,graham1 and ,mrs4 ,capito7 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                
,china-,originated ,viral ,infections   
,diseases ,act or the ,civil ,justice   
for ,victims of ,,covid ,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 death or 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 contributed to 
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     
,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 part4 
7e7 ,stay  7#a7 ,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 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 ,in exercising its    
discretion under this subsection1 the   
court shall balance the interests of the
 ,united ,states with the interests of  
the plaintiffs in a timely review of    
their claims4  7#b7 ,duration  7,a7 ,in 
general ,a stay under this section may  
be granted for not more than #ahj days4 
7,b7 ,extension  7i7 ,in general ,the   
,attorney ,general may petition the     
court for an extension of the stay for  

additional periods not to exceed #ahj   
days4  7ii7 ,recertification ,a court   
may 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 ,in choosing whether  
to grant an extension1 the court shall  
balance the interests of the ,united    
,states with the interests of the       
plaintiffs in a timely review of their  
claims4  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 
contributed to 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