Li Wenliang Global Public Health Accountability Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7733 To authorize the imposition of sanctions with respect to the deliberate conceal- ment or distortion of information about public health emergencies of international concern, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2020 Mr. CURTIS introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 deliberate concealment or distortion of information about public health emergencies of international concern, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Li Wenliang Global 4 Public Health Accountability Act of 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7733 IH (1) On January 3, 2020, the leading public 1 health authority in the People’s Republic of China, 2 the National Health Commission, directed all Chi- 3 nese research institutions to cease publicly pub- 4 lishing any information related to a then unknown 5 SARS-like virus, and ordered them to destroy exist- 6 ing samples of the virus or transfer them to ap- 7 proved testing sites. 8 (2) On December 30, 2019, Dr. Li Wenliang 9 warned his medical school classmates of an outbreak 10 of an unknown SARS-like virus over WeChat. 11 (3) On January 3, 2020, Wuhan’s Public Secu- 12 rity Bureau detained, questioned, and forced Dr. Li 13 Wenliang and seven other doctors to sign a letter 14 confessing he had made ‘‘false comments’’ that ‘‘se- 15 verely disturbed the social order’’. 16 (4) On February 7, 2020, one month after 17 checking into Wuhan Central Hospital, Dr. Li 18 Wenliang died of a severe case of coronavirus dis- 19 ease 2019 (commonly known as ‘‘COVID-19’’). 20 (5) China’s National Health Commission pub- 21 licly denied COVID–19 was person-to-person trans- 22 missible until January 15, 2020, despite having un- 23 covered contrary evidence in late December 2019 24 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7733 IH and being alerted of the transmissibility of COVID– 1 19 on January 1, 2020. 2 (6) China’s Foreign Ministry Spokesman, Zhao 3 Lijian, claimed that COVID–19 originated in the 4 United States and that the United States Army 5 brought the virus to Wuhan to wage biological war- 6 fare on China. 7 (7) Other Chinese Government officials, includ- 8 ing scientists working on China’s COVID–19 re- 9 sponse, China’s Ambassador to South Africa and 10 China’s Ambassador to Australia have claimed that 11 there is no evidence that COVID–19 originated in 12 China. 13 (8) A study by the University of Southampton 14 found that had China taken action 3 weeks earlier, 15 the spread of COVID-19 could have been reduced by 16 95 percent. 17 (9) On July 21, 2020, Representative Adam 18 Smith defended the Chinese Government’s hiding 19 the true nature of COVID-19 when he said, ‘‘It’s 20 not actually their job to warn the American people’’. 21 (10) According to the World Health Organiza- 22 tion’s for the Use of Annex 2 of the International 23 Health Regulations, China was legally obligated to 24 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7733 IH notify the World Health Organization about the 1 COVID-19 outbreak. 2 SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 3 (a) IN GENERAL.—The President may impose the 4 sanctions described in subsection (b) with respect to any 5 foreign person the President determines, based on credible 6 evidence— 7 (1) is a government official, or a senior asso- 8 ciate of such an official, that is responsible for, or 9 complicit in, ordering, controlling, or otherwise di- 10 recting, or financially benefits from, acts intended to 11 deliberately conceal or distort information, including 12 through forced detentions or disappearances of per- 13 sons, about a public health emergency of inter- 14 national concern, including COVID-19; or 15 (2) has materially assisted, sponsored, or pro- 16 vided financial, material, or technological support 17 for, or goods or services in support of, an act de- 18 scribed in paragraph (1). 19 (b) SANCTIONS DESCRIBED.—The sanctions de- 20 scribed in this subsection are the following: 21 (1) INADMISSIBILITY TO UNITED STATES.—In 22 the case of a foreign person who is an individual— 23 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7733 IH (A) ineligibility to receive a visa to enter 1 the United States or to be admitted to the 2 United States; or 3 (B) if the individual has been issued a visa 4 or other documentation, revocation, in accord- 5 ance with section 221(i) of the Immigration and 6 Nationality Act (8 U.S.C. 1201(i)), of the visa 7 or other documentation. 8 (2) BLOCKING OF PROPERTY.— 9 (A) IN GENERAL.—The blocking, in ac- 10 cordance with the International Emergency 11 Economic Powers Act (50 U.S.C. 1701 et seq.), 12 of all transactions in all property and interests 13 in property of a foreign person if such property 14 and interests in property are in the United 15 States, come within the United States, or are or 16 come within the possession or control of a 17 United States person. 18 (B) EXCEPTION RELATING TO IMPORTA- 19 TION OF GOODS.— 20 (i) IN GENERAL.—The authority to 21 block and prohibit all transactions in all 22 property and interests in property under 23 subparagraph (A) shall not include the au- 24 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7733 IH thority to impose sanctions on the importa- 1 tion of goods. 2 (ii) GOOD DEFINED.—In this subpara- 3 graph, the term ‘‘good’’ means any article, 4 natural or manmade substance, material, 5 supply, or manufactured product, including 6 inspection and test equipment, and exclud- 7 ing technical data. 8 (c) REQUESTS BY APPROPRIATE CONGRESSIONAL 9 COMMITTEES.— 10 (1) IN GENERAL.—Not later than 120 days 11 after receiving a request that meets the require- 12 ments of paragraph (2) with respect to whether a 13 foreign person is described in subsection (a), the 14 President shall— 15 (A) determine if that person is so de- 16 scribed; and 17 (B) submit a classified or unclassified re- 18 port to the chairperson and ranking member of 19 the committee or committees that submitted the 20 request with respect to that determination that 21 includes— 22 (i) a statement of whether or not the 23 President imposed or intends to impose 24 sanctions with respect to the person; and 25 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7733 IH (ii) if the President imposed or in- 1 tends to impose sanctions, a description of 2 those sanctions. 3 (2) REQUIREMENTS.—A request under para- 4 graph (1) with respect to whether a foreign person 5 is described in subsection (a) shall be submitted to 6 the President in writing jointly by the chairperson 7 and ranking member of one of the appropriate con- 8 gressional committees. 9 (d) EXCEPTION TO COMPLY WITH UNITED NATIONS 10 HEADQUARTERS AGREEMENT AND LAW ENFORCEMENT 11 OBJECTIVES.—Sanctions under subsection (b)(1) shall 12 not apply to an individual if admitting the individual into 13 the United States— 14 (1) would further important law enforcement 15 objectives; or 16 (2) is necessary to permit the United States to 17 comply with the Agreement regarding the Head- 18 quarters of the United Nations, signed at Lake Suc- 19 cess June 26, 1947, and entered into force Novem- 20 ber 21, 1947, between the United Nations and the 21 United States, or other applicable international obli- 22 gations of the United States. 23 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7733 IH (e) EXCEPTION TO COMPLY WITH NATIONAL SECU- 1 RITY.—The following activities shall be exempt from sanc- 2 tions under this section: 3 (1) Activities subject to the reporting require- 4 ments under title V of the National Security Act of 5 1947 (50 U.S.C. 3091 et seq.). 6 (2) Any authorized intelligence or law enforce- 7 ment activities of the United States. 8 (f) ENFORCEMENT OF BLOCKING OF PROPERTY.— 9 A person that violates, attempts to violate, conspires to 10 violate, or causes a violation of subsection (b)(2) or any 11 regulation, license, or order issued to carry out that sub- 12 section shall be subject to the penalties set forth in sub- 13 sections (b) and (c) of section 206 of the International 14 Emergency Economic Powers Act (50 U.S.C. 1705) to the 15 same extent as a person that commits an unlawful act de- 16 scribed in subsection (a) of that section. 17 (g) REPORTS REQUIRED.—Not later than 120 days 18 after the date of the enactment of this Act, and annually 19 thereafter, the President shall submit to the appropriate 20 congressional committees a report that includes— 21 (1) a list of each foreign person with respect to 22 which the President imposed sanctions under sub- 23 section (b) during the year preceding the submission 24 of the report; 25 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7733 IH (2) a description of the type of sanctions im- 1 posed with respect to each such person; 2 (3) the number of foreign persons with respect 3 to which the President— 4 (A) imposed sanctions under subsection (b) 5 during that year; or 6 (B) terminated sanctions under subsection 7 (h) during that year; 8 (4) the dates on which such sanctions were im- 9 posed or terminated, as the case may be; 10 (5) the reasons for imposing or terminating 11 such sanctions; and 12 (6) a description of the efforts of the President 13 to encourage the governments of other countries to 14 impose sanctions that are similar to the sanctions 15 authorized by this section. 16 (h) TERMINATION OF SANCTIONS.—The President 17 may terminate the application of sanctions under this sec- 18 tion with respect to a person if the President determines 19 and reports to the appropriate congressional committees 20 not later than 15 days before the termination of the sanc- 21 tions that— 22 (1) credible information exists that the person 23 did not engage in the activity for which sanctions 24 were imposed; 25 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7733 IH (2) the person has been prosecuted appro- 1 priately for the activity for which sanctions were im- 2 posed; 3 (3) the forced detention or disappearance of the 4 individual or individuals for whom the sanctions 5 have been imposed are no longer missing or de- 6 tained; 7 (4) the person has provided material informa- 8 tion that— 9 (A) leads to the location or liberation of 10 the missing or detained individual or individuals 11 in question; or 12 (B) leads to the arrest or prosecution of 13 others responsible for such acts described in 14 subsection (a); or 15 (5) the termination of the sanctions is in the 16 national security interests of the United States. 17 (i) REGULATORY AUTHORITY.—The President shall 18 issue such regulations, licenses, and orders as are nec- 19 essary to carry out this section. 20 (j) DEFINITIONS.—In this section: 21 (1) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES.—The term ‘‘appropriate congressional com- 23 mittees’’ means— 24 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7733 IH (A) the Committee on Banking, Housing, 1 and Urban Affairs and the Committee on For- 2 eign Relations of the Senate; and 3 (B) the Committee on Financial Services 4 and the Committee on Foreign Affairs of the 5 House of Representatives. 6 (2) FOREIGN PERSON.—The term ‘‘foreign per- 7 son’’ means a person that is not a United States 8 person. 9 (3) PERSON.—The term ‘‘person’’ means an in- 10 dividual or entity. 11 (4) PUBLIC HEALTH EMERGENCY OF INTER- 12 NATIONAL CONCERN.—The term ‘‘public health 13 emergency of international concern’’ means a public 14 health emergency determined to be a public health 15 emergency of international concern by the World 16 Health Organization. 17 (5) UNITED STATES PERSON.—The term 18 ‘‘United States person’’ means— 19 (A) an individual who is a United States 20 citizen or an alien lawfully admitted for perma- 21 nent residence to the United States; or 22 (B) an entity organized under the laws of 23 the United States or any jurisdiction within the 24 VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7733 IH United States, including a foreign branch of 1 such an entity. 2 (k) SUNSET.—This Act shall terminate on the date 3 that is 10 years after the date of the enactment of this 4 Act. 5 Æ VerDate Sep 11 2014 19:30 Aug 14, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H7733.IH H7733 pamtmann on DSKBC07HB2PROD with BILLS