Never Again International Outbreak Prevention Act

I 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 juris- diction of the committee concerned A BILL To provide accountability with respect to international report- ing and monitoring of outbreaks of novel viruses and diseases. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Never Again Inter- 4 national Outbreak Prevention Act’’. 5 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7132 IH SEC. 2. LISTS OF FOREIGN COUNTRIES BASED ON COMPLI- 1 ANCE WITH INTERNATIONAL REPORTING 2 AND MONITORING OF OUTBREAKS OF NOVEL 3 VIRUSES AND DISEASES. 4 (a) LISTS OF FOREIGN COUNTRIES.— 5 (1) TIER 1 LIST.— 6 (A) IN GENERAL.—Not later than 180 7 days after the date of the enactment of this 8 Act, the Secretary of State shall establish a list 9 of foreign countries that the Secretary deter- 10 mines meet the requirements described in sub- 11 section (b). 12 (B) REFERENCE.—The list of foreign 13 countries established under this paragraph shall 14 be referred to as the ‘‘Tier 1 list’’. 15 (2) TIER 2 LIST.— 16 (A) IN GENERAL.—Not later than 180 17 days after the date of the enactment of this 18 Act, the Secretary of State shall establish a list 19 of foreign countries that the Secretary deter- 20 mines do not meet the requirements described 21 in subsection (b) but are capable of meeting 22 such requirements. 23 (B) REVIEW.—The Secretary of State 24 shall conduct a review on an ongoing basis of 25 each country on the list established under this 26 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7132 IH paragraph to ensure that the country is taking 1 appropriate steps to meet the requirements de- 2 scribed in subsection (b). 3 (C) REFERENCE.—The list of foreign 4 countries established under this paragraph shall 5 be referred to as the ‘‘Tier 2 list’’. 6 (3) TIER 3 LIST.— 7 (A) IN GENERAL.—Not later than 180 8 days after the date of the enactment of this 9 Act, the Secretary of State shall establish a list 10 of foreign countries that the Secretary deter- 11 mines do not meet the requirements described 12 in subsection (b) because such countries are not 13 capable, based on financial, security, or govern- 14 ment infrastructure reasons, of meeting such 15 requirements. 16 (B) REFERENCE.—The list of foreign 17 countries established under this paragraph shall 18 be referred to as the ‘‘Tier 3 list’’. 19 (4) UPDATES.—The Secretary of State shall 20 submit to the appropriate congressional committees 21 an updated Tier 1 list under paragraph (1), an up- 22 dated Tier 2 list under paragraph (2), and an up- 23 dated Tier 3 list under paragraph (3)— 24 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7132 IH (A) not later than one year after the date 1 of the enactment of this Act and annually 2 thereafter; and 3 (B) as new information becomes available. 4 (b) INTERNATIONAL REPORTING AND MONITORING 5 REQUIREMENTS DESCRIBED.—The requirements de- 6 scribed in this subsection are the following: 7 (1) The foreign country has established proce- 8 dures and standards to comply with established 9 international ‘‘sentinel surveillance’’ systems to col- 10 lect data, identify trends, identify outbreaks, and 11 provide monitoring with respect to the burden of dis- 12 ease in a community. 13 (2) The foreign country has established proce- 14 dures and standards to ensure that novel viruses 15 and diseases are reported such international ‘‘sen- 16 tinel surveillance’’ systems not later than 3 days 17 after identification. 18 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 19 tion may be construed to apply with respect to the terri- 20 tory of a foreign country with respect to which the inter- 21 nationally recognized government of the country does not 22 control due to armed conflict. 23 (d) INCLUSION IN ANNUAL UNITED STATES GOV- 24 ERNMENT GLOBAL HEALTH SECURITY STRATEGY.—The 25 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7132 IH President shall ensure that the requirements of this sec- 1 tion are appropriately reflected in the annual United 2 States Government Global Health Security Strategy. 3 SEC. 3. PRESIDENTIAL ACTIONS WITH RESPECT TO FOR- 4 EIGN COUNTRIES ON THE TIER 2 LIST. 5 (a) IN GENERAL.—The President, in consultation 6 with the Secretary of State, shall take one or more of the 7 actions described in subsection (b) (or commensurate ac- 8 tion in substitution thereto) with respect to a foreign coun- 9 try that is on the Tier 2 list established under section 2(a). 10 (b) DESCRIPTION OF PRESIDENTIAL ACTIONS.—The 11 Presidential actions referred to in this subsection are the 12 following: 13 (1) A private demarche. 14 (2) An official public demarche. 15 (3) A public condemnation. 16 (4) A public condemnation within one or more 17 multilateral fora. 18 (5) The delay or cancellation of one or more 19 scientific exchanges. 20 (6) The delay or cancellation of one or more 21 cultural exchanges. 22 (7) The denial of one or more working, official, 23 or state visits. 24 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7132 IH (8) The delay or cancellation of one or more 1 working, official, or state visits. 2 (9) The withdrawal, limitation, or suspension of 3 United States development assistance in accordance 4 with section 116 of the Foreign Assistance Act of 5 1961. 6 (10) The withdrawal, limitation, or suspension 7 of United States security assistance in accordance 8 with section 502B of the Foreign Assistance Act of 9 1961. 10 (11) Consistent with section 701 of the Inter- 11 national Financial Institutions Act of 1977, direct- 12 ing the United States executive directors of inter- 13 national financial institutions to oppose and vote 14 against loans primarily benefiting the specific for- 15 eign government, agency, instrumentality. 16 (12) Ordering the heads of the appropriate 17 United States agencies not to issue any (or a speci- 18 fied number of) specific licenses, and not to grant 19 any other specific authority (or a specified number 20 of authorities), to export any goods or technology to 21 the specific foreign government, agency, instrumen- 22 tality under— 23 (A) the Export Control Reform Act of 24 2018; 25 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7132 IH (B) the Arms Export Control Act; 1 (C) the Atomic Energy Act of 1954; or 2 (D) any other statute that requires the 3 prior review and approval of the United States 4 Government as a condition for the export or re- 5 export of goods or services. 6 (13) Prohibiting any United States financial in- 7 stitution from making loans or providing credits to- 8 taling more than $10,000,000 in any 12-month pe- 9 riod to the specific foreign government, agency, in- 10 strumentality. 11 (14) Prohibiting the United States Government 12 from procuring, or entering into any contract for the 13 procurement of, any goods or services from the for- 14 eign government, entities. 15 (c) WAIVER.—The President may waive the applica- 16 tion of subsection (a) with respect to a foreign country 17 if the President determines it is important to the national 18 interests of the United States to do so. 19 SEC. 4. SOVEREIGN IMMUNITY WAIVER. 20 (a) IN GENERAL.—Chapter 97 of title 28, United 21 States Code, is amended by inserting after section 1605B 22 the following: 23 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7132 IH ‘‘§ 1605C. Responsibility of foreign states for pan- 1 demic outbreaks 2 ‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for- 3 eign state shall not be immune from the jurisdiction of 4 the courts of the United States in any case in which dam- 5 ages are sought against a foreign state for physical injury 6 to person or property or death occurring in the United 7 States and caused by a failure to abide the requirements 8 laid out in paragraphs (1) and (2) of section 2(b) of the 9 Never Again International Outbreak Prevention Act or are 10 determined to have intentionally misled the international 11 community or the WHO on the outbreak or spread of a 12 health concern that leads to a pandemic. 13 ‘‘(b) RULE OF CONSTRUCTION.—A foreign state shall 14 not be subject to the jurisdiction of the courts of the 15 United States under subsection (a) on the basis of an 16 omission or a tortious act or acts that constitute mere neg- 17 ligence.’’. 18 (b) CLERICAL AMENDMENT.— 19 (1) The table of sections for chapter 97 of title 20 28, United States Code, is amended by inserting 21 after the item relating to section 1605A the fol- 22 lowing: 23 ‘‘1605C. Responsibility of foreign states for pandemic outbreaks.’’. (2) Subsection 1605(g)(1)(A) of title 28, 24 United States Code, is amended by striking ‘‘but for 25 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7132 IH section 1605A or section 1605B’’ and inserting ‘‘but 1 for section 1605A, 1605B, or 1605C’’. 2 (c) STAY OF ACTIONS PENDING STATE NEGOTIA- 3 TIONS.— 4 (1) EXCLUSIVE JURISDICTION.—The courts of 5 the United States shall have exclusive jurisdiction in 6 any action in which a foreign state is subject to the 7 jurisdiction of a court of the United States under 8 section 1605C of title 28, United States Code. 9 (2) INTERVENTION.—The Attorney General 10 may intervene in any action in which a foreign state 11 is subject to the jurisdiction of a court of the United 12 States under section 1605C of title 28, United 13 States Code, for the purpose of seeking a stay of the 14 civil action, in whole or in part. 15 (3) STAY.— 16 (A) IN GENERAL.—A court of the United 17 States may stay a proceeding against a foreign 18 state if the Secretary of State certifies that the 19 United States is engaged in good faith discus- 20 sions with the foreign state defendant con- 21 cerning the resolution of the claims against the 22 foreign state, or any other parties as to whom 23 a stay of claims is sought. 24 (B) DURATION.— 25 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7132 IH (i) IN GENERAL.—A stay under this 1 subsection may be granted for not more 2 than 180 days. 3 (ii) EXTENSION.— 4 (I) IN GENERAL.—The Attorney 5 General may petition the court for an 6 extension of the stay for additional 7 180-day periods. 8 (II) RECERTIFICATION.—A court 9 shall grant an extension under sub- 10 clause (I) if the Secretary of State re- 11 certifies that the United States re- 12 mains engaged in good faith discus- 13 sions with the foreign state defendant 14 concerning the resolution of the 15 claims against the foreign state, or 16 any other parties as to whom a stay 17 of claims is sought. 18 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO 19 GOVERNMENT OFFICIALS OF FOREIGN COUN- 20 TRIES ON THE TIER 2 LIST. 21 (a) IN GENERAL.—The President may impose the 22 sanctions described in subsection (b) with respect to any 23 foreign person the President determines, based on credible 24 evidence— 25 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7132 IH (1) is a government official of a foreign country 1 on the Tier 2 list established under section 2(a), or 2 a senior associate of such an official, that is respon- 3 sible for, or complicit in, ordering, controlling, or 4 otherwise directing, or financially benefits from, acts 5 intended to deliberately conceal or distort informa- 6 tion about a public health emergency of international 7 concern, including acts intended to deliberately with- 8 hold information from or obstruct the activities of 9 the World Health Organization with respect to a 10 public health emergency of international concern; or 11 (2) has materially assisted, sponsored, or pro- 12 vided financial, material, or technological support 13 for, or goods or services in support of, an act de- 14 scribed in paragraph (1). 15 (b) SANCTIONS DESCRIBED.—The sanctions to be 16 imposed with respect to a foreign person under subsection 17 (a) are the following: 18 (1) INADMISSIBILITY OF CERTAIN INDIVID- 19 UALS.— 20 (A) INELIGIBILITY FOR VISAS, ADMISSION, 21 OR PAROLE.—A foreign person who meets any 22 of the criteria described subsection (a) is— 23 (i) inadmissible to the United States; 24 VerDate Sep 11 2014 01:55 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7132.IH H7132 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7132 IH (ii) ineligible to receive a visa or other 1 documentation to enter the United States; 2 and 3 (iii) otherwise ineligible to be admitted 4 or paroled into the United States or to re- 5 ceive any other benefit under the Immigra- 6 tion and Nationality Act (8 U.S.C. 1101 et 7 seq.). 8 (B) CURRENT VISAS REVOKED.—A foreign 9 person subject to subsection (a) is subject to 10 the following: 11 (i) Revocation of any visa or other 12 entry documentation regardless of when 13 the visa or other entry documentation is or 14 was issued. 15 (ii) A revocation under clause (i) 16 shall— 17 (I) take effect immediately; and 18 (II) automatically cancel any 19 other valid visa or entry documenta- 20 tion that is in the foreign person’s 21 possession. 22 (2) BLOCKING OF PROPERTY.—The President 23 shall exercise all of the powers granted to the Presi- 24 dent by the International Emergency Economic 25 VerDate Sep 11 2014 01:55 Jun 29, [Text truncated for display. 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