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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Never Again Inter-
national Outbreak Prevention Act’’. 
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SEC. 2. LISTS OF FOREIGN COUNTRIES BASED ON COMPLI-
ANCE 
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 deter-
mines meet the requirements described in sub-
section (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 deter-
mines 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 
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paragraph to ensure that the country is taking 
appropriate steps to meet the requirements de-
scribed 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 deter-
mines do not meet the requirements described 
in subsection (b) because such countries are not 
capable, based on financial, security, or govern-
ment 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 up-
dated Tier 2 list under paragraph (2), and an up-
dated Tier 3 list under paragraph (3)— 
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(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 de-
scribed in this subsection are the following: 
(1) The foreign country has established proce-
dures and standards to comply with established 
international ‘‘sentinel surveillance’’ systems to col-
lect data, identify trends, identify outbreaks, and 
provide monitoring with respect to the burden of dis-
ease in a community. 
(2) The foreign country has established proce-
dures and standards to ensure that novel viruses 
and diseases are reported such international ‘‘sen-
tinel surveillance’’ systems not later than 3 days 
after identification. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to apply with respect to the terri-
tory of a foreign country with respect to which the inter-
nationally recognized government of the country does not 
control due to armed conflict. 
(d) INCLUSION IN ANNUAL UNITED STATES GOV-
ERNMENT GLOBAL HEALTH SECURITY STRATEGY.—The 
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President shall ensure that the requirements of this sec-
tion are appropriately reflected in the annual United 
States Government Global Health Security Strategy. 
SEC. 3. PRESIDENTIAL ACTIONS WITH RESPECT TO FOR-
EIGN 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 ac-
tion in substitution thereto) with respect to a foreign coun-
try 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. 
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(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 Inter-
national Financial Institutions Act of 1977, direct-
ing the United States executive directors of inter-
national financial institutions to oppose and vote 
against loans primarily benefiting the specific for-
eign government, agency, instrumentality. 
(12) Ordering the heads of the appropriate 
United States agencies not to issue any (or a speci-
fied 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, instrumen-
tality under— 
(A) the Export Control Reform Act of 
2018; 
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(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 re-
export of goods or services. 
(13) Prohibiting any United States financial in-
stitution from making loans or providing credits to-
taling more than $10,000,000 in any 12-month pe-
riod to the specific foreign government, agency, in-
strumentality. 
(14) Prohibiting the United States Government 
from procuring, or entering into any contract for the 
procurement of, any goods or services from the for-
eign government, entities. 
(c) WAIVER.—The President may waive the applica-
tion 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: 
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‘‘§ 1605C. Responsibility of foreign states for pan-
demic outbreaks 
‘‘(a) RESPONSIBILITY OF FOREIGN STATES.—A for-
eign state shall not be immune from the jurisdiction of 
the courts of the United States in any case in which dam-
ages 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 neg-
ligence.’’. 
(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 fol-
lowing: 
‘‘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 
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section 1605A or section 1605B’’ and inserting ‘‘but 
for section 1605A, 1605B, or 1605C’’. 
(c) STAY OF ACTIONS PENDING STATE NEGOTIA-
TIONS.— 
(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 discus-
sions with the foreign state defendant con-
cerning the resolution of the claims against the 
foreign state, or any other parties as to whom 
a stay of claims is sought. 
(B) DURATION.— 
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(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 sub-
clause (I) if the Secretary of State re-
certifies that the United States re-
mains engaged in good faith discus-
sions 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 COUN-
TRIES 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— 
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(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 respon-
sible for, or complicit in, ordering, controlling, or 
otherwise directing, or financially benefits from, acts 
intended to deliberately conceal or distort informa-
tion about a public health emergency of international 
concern, including acts intended to deliberately with-
hold 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 pro-
vided financial, material, or technological support 
for, or goods or services in support of, an act de-
scribed 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
INDIVID-
UALS.— 
(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; 
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(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 re-
ceive any other benefit under the Immigra-
tion 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 documenta-
tion that is in the foreign person’s 
possession. 
(2) BLOCKING OF PROPERTY.—The President 
shall exercise all of the powers granted to the Presi-
dent by the International Emergency Economic 
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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 nec-
essary to block and prohibit all transactions in prop-
erty 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 im-
pose sanctions under subsection (a), the President shall 
consider— 
(1) information provided jointly by the chair-
person and ranking member of each of the appro-
priate congressional committees; and 
(2) credible information obtained by other coun-
tries and nongovernmental organizations that mon-
itor 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 require-
ments of paragraph (2) with respect to whether a 
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foreign person is described in subsection (a), the 
President shall— 
(A) determine if that person is so de-
scribed; and 
(B) submit a classified or unclassified re-
port 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 in-
tends to impose sanctions, a description of 
those sanctions. 
(2) REQUIREMENTS.—A request under para-
graph (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 con-
gressional committees. 
(e) EXCEPTION TO COMPLY WITH UNITED NATIONS 
HEADQUARTERS AGREEMENT AND LAW ENFORCEMENT 
OBJECTIVES.—Sanctions under subsection (b)(1) shall 
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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 Head-
quarters of the United Nations, signed at Lake Suc-
cess June 26, 1947, and entered into force Novem-
ber 21, 1947, between the United Nations and the 
United States, or other applicable international obli-
gations 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 sub-
section shall be subject to the penalties set forth in sub-
sections (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 de-
scribed 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— 
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not later than 15 days before the termination of the sanc-
tions 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 appro-
priately for the activity for which sanctions were im-
posed; 
(3) the foreign country of the person has been 
upgraded from the Tier 2 list to the Tier 1 list es-
tablished 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 nec-
essary to carry out this section. 
(j) EXCEPTION RELATING
TO IMPORTATION
OF 
GOODS.— 
(1) IN GENERAL.—The authorities and require-
ments 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 prod-
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uct, including inspection and test equipment, and ex-
cluding technical data. 
(k) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Banking, Housing, 
and Urban Affairs and the Committee on For-
eign 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 per-
son’’ means a person that is not a United States 
person. 
(3) PERSON.—The term ‘‘person’’ means an in-
dividual 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 perma-
nent residence to the United States; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
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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 RE-
SPONSE TO COVID–19. 
(a) IN GENERAL.—The President shall seek to work 
with the heads of other Group of Twenty (commonly re-
ferred to as the ‘‘G–20’’) countries and international orga-
nizations 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 Orga-
nization 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 Orga-
nization’s response to COVID–19; and 
(2) make recommendations to the United Na-
tions and the United Nations Security Council on 
actions that can be taken to— 
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(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 adop-
tion 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 de-
scribed 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 
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determined to be a public health emergency of inter-
national concern by the World Health Organization. 
Æ 
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