[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7132 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7132
To provide accountability with respect to international reporting and
monitoring of outbreaks of novel viruses and diseases.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Mr. Fitzpatrick (for himself and Mr. Lamb) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Financial Services, the Judiciary, and
Oversight and Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide accountability with respect to international reporting and
monitoring of outbreaks of novel viruses and diseases.
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 ``Never Again International Outbreak
Prevention Act''.
SEC. 2. LISTS OF FOREIGN COUNTRIES BASED ON COMPLIANCE WITH
INTERNATIONAL REPORTING AND MONITORING OF OUTBREAKS OF
NOVEL VIRUSES AND DISEASES.
(a) Lists of Foreign Countries.--
(1) Tier 1 list.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall establish a list of foreign countries that
the Secretary determines meet the requirements
described in subsection (b).
(B) Reference.--The list of foreign countries
established under this paragraph shall be referred to
as the ``Tier 1 list''.
(2) Tier 2 list.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall establish a list of foreign countries that
the Secretary determines do not meet the requirements
described in subsection (b) but are capable of meeting
such requirements.
(B) Review.--The Secretary of State shall conduct a
review on an ongoing basis of each country on the list
established under this paragraph to ensure that the
country is taking appropriate steps to meet the
requirements described in subsection (b).
(C) Reference.--The list of foreign countries
established under this paragraph shall be referred to
as the ``Tier 2 list''.
(3) Tier 3 list.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall establish a list of foreign countries that
the Secretary determines do not meet the requirements
described in subsection (b) because such countries are
not capable, based on financial, security, or
government infrastructure reasons, of meeting such
requirements.
(B) Reference.--The list of foreign countries
established under this paragraph shall be referred to
as the ``Tier 3 list''.
(4) Updates.--The Secretary of State shall submit to the
appropriate congressional committees an updated Tier 1 list
under paragraph (1), an updated Tier 2 list under paragraph
(2), and an updated Tier 3 list under paragraph (3)--
(A) not later than one year after the date of the
enactment of this Act and annually thereafter; and
(B) as new information becomes available.
(b) International Reporting and Monitoring Requirements
Described.--The requirements described in this subsection are the
following:
(1) The foreign country has established procedures and
standards to comply with established international ``sentinel
surveillance'' systems to collect data, identify trends,
identify outbreaks, and provide monitoring with respect to the
burden of disease in a community.
(2) The foreign country has established procedures and
standards to ensure that novel viruses and diseases are
reported such international ``sentinel surveillance'' systems
not later than 3 days after identification.
(c) Rule of Construction.--Nothing in this section may be construed
to apply with respect to the territory of a foreign country with
respect to which the internationally recognized government of the
country does not control due to armed conflict.
(d) Inclusion in Annual United States Government Global Health
Security Strategy.--The President shall ensure that the requirements of
this section are appropriately reflected in the annual United States
Government Global Health Security Strategy.
SEC. 3. PRESIDENTIAL ACTIONS WITH RESPECT TO FOREIGN COUNTRIES ON THE
TIER 2 LIST.
(a) In General.--The President, in consultation with the Secretary
of State, shall take one or more of the actions described in subsection
(b) (or commensurate action in substitution thereto) with respect to a
foreign country that is on the Tier 2 list established under section
2(a).
(b) Description of Presidential Actions.--The Presidential actions
referred to in this subsection are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral
fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural
exchanges.
(7) The denial of one or more working, official, or state
visits.
(8) The delay or cancellation of one or more working,
official, or state visits.
(9) The withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116 of
the Foreign Assistance Act of 1961.
(10) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961.
(11) Consistent with section 701 of the International
Financial Institutions Act of 1977, directing the United States
executive directors of international financial institutions to
oppose and vote against loans primarily benefiting the specific
foreign government, agency, instrumentality.
(12) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of) specific
licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or
technology to the specific foreign government, agency,
instrumentality under--
(A) the Export Control Reform Act of 2018;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(13) Prohibiting any United States financial institution
from making loans or providing credits totaling more than
$10,000,000 in any 12-month period to the specific foreign
government, agency, instrumentality.
(14) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement
of, any goods or services from the foreign government,
entities.
(c) Waiver.--The President may waive the application of subsection
(a) with respect to a foreign country if the President determines it is
important to the national interests of the United States to do so.
SEC. 4. SOVEREIGN IMMUNITY WAIVER.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following:
``Sec. 1605C. Responsibility of foreign states for pandemic outbreaks
``(a) 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 damages are sought against a foreign state for
physical injury to person or property or death occurring in the United
States and caused by a failure to abide the requirements laid out in
paragraphs (1) and (2) of section 2(b) of the Never Again International
Outbreak Prevention Act or are determined to have intentionally misled
the international community or the WHO on the outbreak or spread of a
health concern that leads to a pandemic.
``(b) Rule of Construction.--A foreign state shall not be subject
to the jurisdiction of the courts of the United States under subsection
(a) on the basis of an omission or a tortious act or acts that
constitute mere negligence.''.
(b) Clerical Amendment.--
(1) The table of sections for chapter 97 of title 28,
United States Code, is amended by inserting after the item
relating to section 1605A the following:
``1605C. Responsibility of foreign states for pandemic outbreaks.''.
(2) Subsection 1605(g)(1)(A) of title 28, United States
Code, is amended by striking ``but for section 1605A or section
1605B'' and inserting ``but for section 1605A, 1605B, or
1605C''.
(c) Stay of Actions Pending State Negotiations.--
(1) 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 section 1605C of title 28, United
States Code.
(2) 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 section
1605C of title 28, United States Code, for the purpose of
seeking a stay of the civil action, in whole or in part.
(3) Stay.--
(A) 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 state, or any other parties as to
whom a stay of claims is sought.
(B) Duration.--
(i) In general.--A stay under this
subsection 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
shall 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 concerning the resolution of
the claims against the foreign state,
or any other parties as to whom a stay
of claims is sought.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO GOVERNMENT OFFICIALS OF
FOREIGN COUNTRIES ON THE TIER 2 LIST.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is a government official of a foreign country on the
Tier 2 list established under section 2(a), or a senior
associate of such an official, that is responsible for, or
complicit in, ordering, controlling, or otherwise directing, or
financially benefits from, acts intended to deliberately
conceal or distort information about a public health emergency
of international concern, including acts intended to
deliberately withhold information from or obstruct the
activities of the World Health Organization with respect to a
public health emergency of international concern; or
(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, an act described in paragraph (1).
(b) Sanctions Described.--The sanctions to be imposed with respect
to a foreign person under subsection (a) are the following:
(1) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--A foreign person who meets any of the criteria
described subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
subject to subsection (a) is subject to the following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(2) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of the person if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(c) Consideration of Certain Information in Imposing Sanctions.--In
determining whether to impose sanctions under subsection (a), the
President shall consider--
(1) information provided jointly by the chairperson and
ranking member of each of the appropriate congressional
committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights and global health issues, including issues related to
infectious disease.
(d) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with
respect to whether a foreign person is described in subsection
(a), the President shall--
(A) determine if that person is so described; and
(B) submit a classified or unclassified report to
the chairperson and ranking member of the committee or
committees that submitted the request with respect to
that determination that includes--
(i) a statement of whether or not the
President imposed or intends to impose
sanctions with respect to the person; and
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions.
(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person is described in subsection
(a) shall be submitted to the President in writing jointly by
the chairperson and ranking member of one of the appropriate
congressional committees.
(e) Exception To Comply With United Nations Headquarters Agreement
and Law Enforcement Objectives.--Sanctions under subsection (b)(1)
shall not apply to an individual if admitting the individual into the
United States--
(1) would further important law enforcement objectives; or
(2) is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States.
(f) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued to carry
out that subsection shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a person
that commits an unlawful act described in subsection (a) of that
section.
(g) Reports Required.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report that
includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions under subsection (b) during the
year preceding the submission of the report;
(2) a description of the type of sanctions imposed with
respect to each such person;
(3) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under subsection (b) during
that year; or
(B) terminated sanctions under subsection (h)
during that year;
(4) the dates on which such sanctions were imposed or
terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to the sanctions authorized by this
section.
(h) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the foreign country of the person has been upgraded
from the Tier 2 list to the Tier 1 list established under
section 2(a); and
(4) the termination of the sanctions is in the national
security interests of the United States.
(i) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(j) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions under this section shall not include the authority to
impose sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
(k) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 6. G-20 INVESTIGATION OF INTERNATIONAL RESPONSE TO COVID-19.
(a) In General.--The President shall seek to work with the heads of
other Group of Twenty (commonly referred to as the ``G-20'') countries
and international organizations to--
(1) investigate and prepare a report on the international
response to the coronavirus disease 2019 (commonly known as
``COVID-19''); and
(2) conduct an audit of the World Health Organization
relating to its actions in response to COVID-19.
(b) United Nations Actions.--The Permanent United States
Representative to the United Nations shall request the United Nations
Office of Internal Oversight Services to establish a panel with
representatives from each G-20 country and international organization
to--
(1) conduct a review of the World Health Organization's
response to COVID-19; and
(2) make recommendations to the United Nations and the
United Nations Security Council on actions that can be taken
to--
(A) ensure improved future responses; and
(B) ensure accountability of World Health
Organization officials for identified failures.
SEC. 7. INTERNATIONAL RESPONSE TO WET MARKETS GLOBALLY.
(a) In General.--The Permanent United States Representative to the
United Nations shall use the voice, vote, and influence of the United
States to seek the adoption in the United Nations General Assembly or
Security Council of a resolution to ban wet markets described in
subsection (b) globally.
(b) Wet Markets Described.--A wet market described in this
subsection is a market where--
(1) animals are sold, dead or alive, for human consumption;
(2) the origin of such animals and their health cannot be
certified; and
(3) the conditions in which such animals are raised, kept,
or sold are unhygienic.
SEC. 8. PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN DEFINED.
In this Act, the term ``public health emergency of international
concern'' means a public health emergency determined to be a public
health emergency of international concern by the World Health
Organization.
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