Title: Never Again International Outbreak Prevention Act
Policy area: International Affairs

Summary:
Never Again International Outbreak Prevention Act
This bill establishes measures related to international accountability for outbreaks of novel viruses and diseases.
The Department of State must establish lists of countries based on the procedures and standards each country has implemented to (1) identify outbreaks and monitor diseases, and (2) ensure that novel viruses and diseases are timely reported.
The President must take specified action with respect to countries that are deemed capable of implementing such procedures and standards but have not done so. The President may also sanction government officials of such countries.
Foreign state sovereign immunity is waived in any case seeking damages against a foreign state for (1) injury or death in the United States caused by a state's failure to abide by such procedures and standards, or (2) intentionally misleading the international community or the World Health Organization (WHO) regarding the outbreak or spread of a health concern that leads to a pandemic.
The President must facilitate (1) an international investigation and report on the response to COVID-19 (i.e., coronavirus disease 2019), and (2) an international audit of the WHO relating to its actions in response to COVID-19.
The U.S. Representative to the United Nations (U.N.) must request that the U.N. (1) review the WHO's response to COVID-19, and (2) recommend actions to improve future responses and ensure WHO accountability for identified failures. The Representative shall seek a global ban on wet markets (markets where animals of uncertified origin and health are sold in unhygienic conditions, dead or alive, for human consumption).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3583

 To provide accountability with respect to international reporting and 
         monitoring of outbreaks of novel viruses and diseases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2021

  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.
                                 <all>