CCP Wrongful Death Accountability Act of 2023
This bill authorizes certain private lawsuits against the Chinese government for harm resulting from the COVID-19 pandemic. Specifically, the bill authorizes a case to be brought by (1) a U.S. national if their immediate relative died of COVID-19 (i.e., wrongful death), or (2) a U.S. citizen for harm suffered by the citizen. The harms for which a citizen may seek damages include, but are not limited to, expenditures for overtime wages paid to frontline workers, vaccine or medical equipment purchases, and research and development costs.
Such a case must be brought in a U.S. district court. If the Chinese government fails to pay a judgment under one of these provisions within one year, the plaintiff may obtain a court order directing the federal government to pay the amount owed. If the federal government is ordered to pay the judgment, the federal government must deduct an equivalent amount from (1) any interest or debt owed by the United States to China, or (2) any amounts made available to provide U.S. assistance to China.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4142 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4142
To provide for a cause of action for any United States national who
lost a relative due to COVID-19.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for a cause of action for any United States national who
lost a relative due to COVID-19.
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 ``CCP Wrongful Death Accountability
Act of 2023''.
SEC. 2. CAUSE OF ACTION.
(a) In General.--Notwithstanding any other provision of law, a
United States national, if an immediate relative of that national has
died of COVID-19, may, in a civil action against the Government of
China, recover appropriate relief.
(b) Action by Citizen of United States.--Notwithstanding any other
provision of law (including chapter 85 of title 28, United States Code,
commonly referred to as the ``Foreign Sovereign Immunities Act'') a
citizen of the United States may bring an action for damages in an
appropriate district court of the United States against the Government
of the People's Republic of China for harm suffered by the citizen as a
result of the COVID-19 pandemic.
(c) Payment by United States.--If an individual is awarded damages
in an action under this section, and the Government of the People's
Republic of China has not satisfied such award before the date that is
one year after the date on which the damages were awarded, the
individual may seek an order from the court directing the United States
to pay such award to the individual. The payment by the United States
of any such award shall be deducted from any interest or debt owed by
the United States to the People's Republic of China, or from any
amounts made available to provide United States assistance to the
People's Republic of China.
(d) Definition.--In this section:
(1) Harm.--The term ``harm'' includes costs associated
with--
(A) the payment of overtime to frontline workers;
(B) purchasing masks and sanitizing products;
(C) purchasing vaccines;
(D) research and development;
(E) developing COVID-19 testing sites and testing
individuals for COVID-19;
(F) purchasing medical equipment related to COVID-
19;
(G) unemployment payments; and
(H) laws to provide other assistance during the
COVID-19 pandemic.
(2) Immediate relative.--The term ``immediate relative''
means a brother, sister, mother, or father, either biological
or adopted.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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