COVID–19 Accountability Act

I 116TH CONGRESS 2D SESSION H. R. 6863 To authorize the imposition of sanctions with respect to the People’s Republic of China for its obstruction or failure to cooperate in investigations relating to the outbreak of COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 14, 2020 Mr. COLLINS of Georgia (for himself, Ms. CHENEY, Mr. AUSTIN SCOTT of Georgia, Mr. STEUBE, Mr. GUEST, Mr. TIMMONS, Mr. MARSHALL, Mr. BALDERSON, Mr. WALKER, Mr. RIGGLEMAN, Mr. PALAZZO, Mr. TIPTON, Mr. GIBBS, Mr. BILIRAKIS, Mr. HIGGINS of Louisiana, Mr. DIAZ- BALART, Mr. ALLEN, Mr. WALTZ, Mrs. HARTZLER, Mr. BANKS, Mr. RUTHERFORD, Mr. BISHOP of North Carolina, Mr. RODNEY DAVIS of Il- linois, Mr. STIVERS, and Mr. MULLIN) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, Ways and Means, and Energy and Commerce, 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 authorize the imposition of sanctions with respect to the People’s Republic of China for its obstruction or failure to cooperate in investigations relating to the out- break of COVID–19, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6863 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘COVID–19 Accountability Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. TITLE I—SANCTIONS WITH RESPECT TO THE PEOPLE’S REPUBLIC OF CHINA Sec. 101. Sanctions with respect to the obstruction or failure of the People’s Republic of China to cooperate in investigations relating to the outbreak of COVID–19. TITLE II—ENSURING A SAFE AND SECURE SUPPLY OF PHARMACEUTICALS FOR THE UNITED STATES Sec. 201. Food and Drug Administration reporting requirements. TITLE III—ENCOURAGING THE RETURN AND DEVELOPMENT OF UNITED STATES INDUSTRY Sec. 301. Increase in alternative simplified research credit. Sec. 302. Special rules for certain United States manufacturers. Sec. 303. Domestic purchasing requirement for personal protective equipment acquisitions for the Strategic National Stockpile. TITLE IV—MATTERS RELATING TO TAIWAN Sec. 401. Participation of Taiwan in the World Health Organization. Sec. 402. Briefing on United States strategy regarding Taiwan’s international recognition. Sec. 403. Sense of Congress on the implementation of the Asia Reassurance Initiative Act. SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The People’s Republic of China, including 8 the Government of the People’s Republic of China 9 and the Chinese Communist Party, has mishandled 10 its management and response to the outbreak of 11 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6863 IH coronavirus disease 2019 (commonly known as 1 ‘‘COVID–19’’) in Wuhan, Hubei Province. 2 (2) On December 31, 2019, the World Health 3 Organization headquarters in Geneva learned of 4 pneumonia with an unknown cause, not from Chi- 5 nese authorities, but from a United States-based 6 listserv, Pro-MED, a platform for sharing early, 7 open-source intelligence about potential epidemics. 8 (3) On January 9, 2020, the Chinese Com- 9 munist Party officially announced a coronavirus out- 10 break, 2 days after the World Health Organization 11 announced an outbreak and 8 days after closing the 12 Wuhan Hua’nan wet market. 13 (4) The Chinese Communist Party continually 14 suppressed medical information, such as early 15 knowledge of the risk of human-to-human trans- 16 mission of the SARS–CoV–2 virus, which causes 17 COVID–19, from doctors and medical professionals 18 while subjecting them to humiliating reprimands. 19 (5) On January 20, 2020, the Chinese Com- 20 munist Party finally acknowledged that the SARS– 21 CoV–2 virus can be transmitted human to human, 22 despite denials as recently as January 15, 2020. 23 (6) On January 2, 2020, researchers in the 24 People’s Republic of China completed a genomic 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6863 IH analysis of the SARS–CoV–2 virus, but failed to 1 share the results with the international community 2 until January 12, 2020. 3 (7) On January 6, 2020, officials from the 4 United States Centers for Disease Control and Pre- 5 vention offered to visit the People’s Republic of 6 China to help respond to the COVID–19 epidemic, 7 but the offer was declined by the Chinese Com- 8 munist Party, and the Centers for Disease Control 9 and Prevention were informed that United States 10 medical researchers were not permitted to enter the 11 People’s Republic of China until February 16, 2020, 12 as part of a World Health Organization delegation. 13 (8) The Chinese Communist Party exponen- 14 tially increased the spread of COVID–19 domesti- 15 cally and internationally by continuing to permit 16 international flights well after domestic quarantines 17 were put in place. 18 (9) The Chinese Communist Party contributed 19 to the community spread of COVID–19 by, on Janu- 20 ary 18, 2020, permitting a 40,000-family potluck 21 banquet in the Bubuting Community of Wuhan as 22 part of the Lunar New Year festivities. 23 (10) On March 12, 2020, officials within the 24 Chinese Communist Party knowingly spread 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6863 IH disinformation that the SARS–CoV–2 virus had 1 originated with the United States Armed Forces. 2 (11) COVID–19 has decimated the global econ- 3 omy, caused trillions of dollars in economic damage, 4 and cost millions of United States citizens their jobs. 5 (12) As of the end of April 2020, COVID–19 6 has— 7 (A) infected more than 3,000,000 individ- 8 uals globally and almost 1,000,000 people in 9 the United States; and 10 (B) caused more than 200,000 deaths 11 globally and more than 50,000 deaths in the 12 United States. 13 SEC. 3. STATEMENT OF POLICY. 14 It is the policy of the United States— 15 (1) to fully investigate the outbreak of the 16 SARS–CoV–2 virus, including the role the Govern- 17 ment of the People’s Republic of China and the Chi- 18 nese Communist Party played in withholding infor- 19 mation and knowingly misinforming international or- 20 ganizations and countries impacted by COVID–19; 21 (2) to ensure that the Government of the Peo- 22 ple’s Republic of China immediately closes all oper- 23 ating wet markets that have a potential to expose 24 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6863 IH humans to health risks through the introduction of 1 zoonotic disease into the human population; 2 (3) to draw international attention to— 3 (A) any violations by the Government of 4 the People’s Republic of China of the funda- 5 mental rights of the people of Hong Kong, as 6 provided by the International Covenant on Civil 7 and Political Rights; and 8 (B) any encroachment on the autonomy 9 guaranteed to Hong Kong by the Basic Law of 10 Hong Kong and the Joint Declaration of the 11 Government of the United Kingdom of Great 12 Britain and Northern Ireland and the Govern- 13 ment of the People’s Republic of China on the 14 Question of Hong Kong, done at Beijing on De- 15 cember 19, 1984; and 16 (4) to reduce the reliance of essential United 17 States industries on the People’s Republic of China 18 to fulfill supply chain needs. 19 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6863 IH TITLE I—SANCTIONS WITH RE- 1 SPECT TO THE PEOPLE’S RE- 2 PUBLIC OF CHINA 3 SEC. 101. SANCTIONS WITH RESPECT TO THE OBSTRUC- 4 TION OR FAILURE OF THE PEOPLE’S REPUB- 5 LIC OF CHINA TO COOPERATE IN INVESTIGA- 6 TIONS RELATING TO THE OUTBREAK OF 7 COVID–19. 8 (a) CERTIFICATION REQUIRED.—Not later than 60 9 days after the date of the enactment of this Act, and every 10 180 days thereafter, the President shall submit to Con- 11 gress— 12 (1) a certification that the Government of the 13 People’s Republic of China— 14 (A) is completely cooperating with any ef- 15 forts relating to the COVID–19 outbreak led by 16 the United States, partners of the United 17 States, or any institution affiliated with the 18 United Nations; 19 (B) has prohibited the operation of wet 20 markets that have a potential to expose humans 21 to health risks through the introduction of 22 zoonotic disease into the human population; and 23 (C) has released and dropped all charges 24 for anyone arrested or detained in the People’s 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6863 IH Republic of China since November 2019 relat- 1 ing to their participation in the protests in 2 Hong Kong relating to COVID–19; or 3 (2) a report describing the reasons the Presi- 4 dent is not able to make the certification described 5 in paragraph (1). 6 (b) IMPOSITION OF SANCTIONS AND PROHIBI- 7 TIONS.—If the President is unable to make a certification 8 described in paragraph (1) of subsection (a) by a date re- 9 quired by that subsection, the President may impose 2 or 10 more of— 11 (1) the sanctions described in subsection (c) 12 with respect to— 13 (A) any official of the Government of the 14 People’s Republic of China; 15 (B) any entity owned, directed, or other- 16 wise controlled by that Government; and 17 (C) any individual associated with an enti- 18 ty described in paragraph (2); or 19 (2) the prohibition described in subsection (d). 20 (c) SANCTIONS DESCRIBED.—The sanctions that 21 may be imposed with respect to an official, entity, or indi- 22 vidual under this subsection are the following: 23 (1) PROPERTY BLOCKING.—The President may, 24 pursuant to the International Emergency Economic 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6863 IH Powers Act (50 U.S.C. 1701 et seq.), block and pro- 1 hibit all transactions in property and interests in 2 property of such an official, entity, or individual 3 (and, in the case of an official or other individual, 4 the immediate family members of the official or indi- 5 vidual) if such property and interests in property are 6 in the United States, come within the United States, 7 or are or come within the possession or control of a 8 United States person. 9 (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, 10 OR PAROLE.— 11 (A) VISAS, ADMISSION, OR PAROLE.—Not- 12 withstanding section 221 of the Immigration 13 and Nationality Act (8 U.S.C. 1201), the Sec- 14 retary of State may deny a visa to, and the Sec- 15 retary of Homeland Security may deny admis- 16 sion or parole into the United States for, such 17 an official or individual who is an alien. 18 (B) CURRENT VISAS REVOKED.— 19 (i) IN GENERAL.—Pursuant to section 20 221(i) of the Immigration and Nationality 21 Act (8 U.S.C. 1201(i)), the issuing con- 22 sular officer, the Secretary of State, or the 23 Secretary of Homeland Security (or a des- 24 ignee of any such officer or Secretary) may 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6863 IH revoke any visa or other entry documenta- 1 tion issued to an alien described in sub- 2 paragraph (A), regardless of when the visa 3 or other documentation was issued. 4 (ii) EFFECT OF REVOCATION.—A rev- 5 ocation under clause (i) may take effect 6 immediately and shall automatically cancel 7 any other valid visa or entry documenta- 8 tion that is in the alien’s possession. 9 (3) LOANS FROM UNITED STATES FINANCIAL 10 INSTITUTIONS.—The President may prohibit any 11 United States financial institution from making 12 loans, underwriting, or providing credits to any such 13 entity unless the entity is determined by the United 14 States Government to be engaged in activities to re- 15 lieve human suffering and the loans or credits have 16 been approved by the United States Government for 17 such activities. 18 (4) LOANS FROM AND PROCUREMENT BY 19 INTERNATIONAL FINANCIAL INSTITUTIONS.—The 20 President shall direct the United States executive di- 21 rector of each international financial institution (as 22 defined in section 1701(c) of the International Fi- 23 nancial Institutions Act (22 U.S.C. 262r(c))) to use 24 the voice and vote of the United States to oppose— 25 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6863 IH (A) any financial assistance from the inter- 1 national financial institution that would benefit 2 any such entity; and 3 (B) the awarding by the international fi- 4 nancial institution of procurement contracts to 5 any such entity. 6 (5) LIMITATION ON CHINESE OWNERSHIP IN- 7 TERESTS IN UNITED STATES ISSUERS OF SECURI- 8 TIES.— 9 (A) IN GENERAL.—The Securities and Ex- 10 change Commission may prohibit a covered en- 11 tity from listing securities issued by the entity 12 on a national securities exchange if an entity or 13 individual subject to subsection (b) has a ma- 14 jority ownership interest in the covered entity. 15 (B) DEFINITIONS.—In this paragraph: 16 (i) COVERED ENTITY.—The term 17 ‘‘covered entity’’ means an entity— 18 (I) that is incorporated under the 19 laws of any State, or whose principal 20 place of business is within a State; 21 and 22 (II) that produces components 23 that may be used in— 24 VerDate Sep 11 2014 18:51 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6863.IH H6863 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6863 IH (aa) services supplied by an 1 entity subject to subsection (b); 2 or 3 (bb) goods produced, or ex- 4 ported, by an entity subject to 5 subsection (b). 6 (ii) EXCHANGE; SECURITY.—The 7 terms ‘‘exchange’’ and ‘‘security’’ have the 8 [Text truncated for display. 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