,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gacb ,,in ,,the ,,house ,,of ,,representatives ,june #h1 #bjbj ,mr4 ,fitzpatrick 7for himself and ,mr4 ,lamb7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,financial ,services1 the ,judiciary1 and ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 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 diseases4 #a4 ,short title ,this ,act may be cited as the ,never ,again ,international ,outbreak ,prevention ,act4 #b4 ,lists of foreign countries based on compliance with international reporting and monitoring of outbreaks of novel viruses and diseases 7a7 ,lists of foreign countries 7#a7 ,tier #a list 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall establish a list of foreign countries that the ,secretary determines meet the requirements described in subsection 7b74 7,b7 ,reference ,the list of foreign countries established under this paragraph shall be referred to as the ,tier #a list4 7#b7 ,tier #b list 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall establish a list of foreign countries that the ,secretary determines do not meet the requirements described in subsection 7b7 but are capable of meeting such requirements4 7,b7 ,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 7b74 7,c7 ,reference ,the list of foreign countries established under this paragraph shall be referred to as the ,tier #b list4 7#c7 ,tier #c list 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall establish a list of foreign countries that the ,secretary determines do not meet the requirements described in subsection 7b7 because such countries are not capable1 based on financial1 security1 or government infrastructure reasons1 of meeting such requirements4 7,b7 ,reference ,the list of foreign countries established under this paragraph shall be referred to as the ,tier #c list4 7#d7 ,updates ,the ,secretary of ,state shall submit to the appropriate congressional committees an updated ,tier #a list under paragraph 7#a71 an updated ,tier #b list under paragraph 7#b71 and an updated ,tier #c list under paragraph 7#c7-- 7,a7 not later than one year after the date of the enactment of this ,act and annually thereafter2 and 7,b7 as new information becomes available4 7b7 ,international reporting and monitoring requirements described ,the requirements described in this subsection are the following3 7#a7 ,the foreign country has established procedures and standards to comply with established international sentinel surveillance systems to collect data1 identify trends1 identify outbreaks1 and provide monitoring with respect to the burden of disease in a community4 7#b7 ,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 #c days after identification4 7c7 ,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 conflict4 7d7 ,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 ,strategy4 #c4 ,presidential actions with respect to foreign countries on the ,tier #b list 7a7 ,in general ,the ,president1 in consultation with the ,secretary of ,state1 shall take one or more of the actions described in subsection 7b7 7or commensurate action in substitution thereto7 with respect to a foreign country that is on the ,tier #b list established under section #b7;a74 7b7 ,description of ,presidential actions ,the ,presidential actions referred to in this subsection are the following3 7#a7 ,a private demarche4 7#b7 ,an official public demarche4 7#c7 ,a public condemnation4 7#d7 ,a public condemnation within one or more multilateral fora4 7#e7 ,the delay or cancellation of one or more scientific exchanges4 7#f7 ,the delay or cancellation of one or more cultural exchanges4 7#g7 ,the denial of one or more working1 official1 or state visits4 7#h7 ,the delay or cancellation of one or more working1 official1 or state visits4 7#i7 ,the withdrawal1 limitation1 or suspension of ,united ,states development assistance in accordance with section #aaf of the ,foreign ,assistance ,act of #aifa4 7#aj7 ,the withdrawal1 limitation1 or suspension of ,united ,states security assistance in accordance with section #ejb;,b of the ,foreign ,assistance ,act of #aifa4 7#aa7 ,consistent with section #gja of the ,international ,financial ,institutions ,act of #aigg1 directing the ,united ,states executive directors of international financial institutions to oppose and vote against loans primarily benefiting the specific foreign government1 agency1 instrumentality4 7#ab7 ,ordering the heads of the appropriate ,united ,states agencies not to issue any 7or a specified number of7 specific licenses1 and not to grant any other specific authority 7or a specified number of authorities71 to export any goods or technology to the specific foreign government1 agency1 instrumentality under-- 7,a7 the ,export ,control ,reform ,act of #bjah2 7,b7 the ,arms ,export ,control ,act2 7,c7 the ,atomic ,energy ,act of #aied2 or 7,d7 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 services4 7#ac7 ,prohibiting any ,united ,states financial institution from making loans or providing credits totaling more than #aj1jjj1jjj in any #ab-month period to the specific foreign government1 agency1 instrumentality4 7#ad7 ,prohibiting the ,united ,states ,government from procuring1 or entering into any contract for the procurement of1 any goods or services from the foreign government1 entities4 7c7 ,waiver ,the ,president may waive the application of subsection 7a7 with respect to a foreign country if the ,president determines it is important to the national interests of the ,united ,states to do so4 #d4 ,sovereign immunity waiver 7a7 ,in general ,chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after section #afje;,b the following3 #afje;,c4 ,responsibility of foreign states for pandemic outbreaks 7a7 ,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 7#a7 and 7#b7 of section #b7;b7 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 pandemic4 7b7 ,rule of ,construction ,a foreign state shall not be subject to the jurisdiction of the courts of the ,united ,states under subsection 7a7 on the basis of an omission or a tortious act or acts that constitute mere negligence4 4 7b7 ,clerical amendment 7#a7 ,the table of sections for chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #afje;,a the following3 #afje;,c4 ,responsibility of foreign states for pandemic outbreaks4 4 7#b7 ,subsection #afje7;g77#a77;,a7 of title #bh1 ,united ,states ,code1 is amended by striking but for section #afje;,a or section #afje;,b and inserting but for section #afje;,a1 #afje;,b1 or #afje;,c4 7c7 ,stay of actions pending state negotiations 7#a7 ,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 #afje;,c of title #bh1 ,united ,states ,code4 7#b7 ,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 #afje;,c of title #bh1 ,united ,states ,code1 for the purpose of seeking a stay of the civil action1 in whole or in part4 7#c7 ,stay 7,a7 ,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 state1 or any other parties as to whom a stay of claims is sought4 7,b7 ,duration 7i7 ,in general ,a stay under this subsection may be granted for not more than #ahj days4 7ii7 ,extension 7,i7 ,in general ,the ,attorney ,general may petition the court for an extension of the stay for additional #ahj-;day periods4 7,,ii7 ,recertification ,a court shall grant an extension under subclause 7,i7 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 state1 or any other parties as to whom a stay of claims is sought4 #e4 ,imposition of sanctions with respect to government officials of foreign countries on the ,tier #b list 7a7 ,in general ,the ,president may impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines1 based on credible evidence-- 7#a7 is a government official of a foreign country on the ,tier #b list established under section #b7;a71 or a senior associate of such an official1 that is responsible for1 or complicit in1 ordering1 controlling1 or otherwise directing1 or financially benefits from1 acts intended to deliberately conceal or distort information about a public health emergency of international concern1 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 concern2 or 7#b7 has materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services in support of1 an act described in paragraph 7#a74 7b7 ,sanctions described ,the sanctions to be imposed with respect to a foreign person under subsection 7a7 are the following3 7#a7 ,inadmissibility of certain individuals 7,a7 ,ineligibility for visas1 admission1 or parole ,a foreign person who meets any of the criteria described subsection 7a7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked ,a foreign person subject to subsection 7a7 is subject to the following3 7i7 ,revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the foreign person's possession4 7#b7 ,blocking of property ,the ,president shall exercise all of the powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7c7 ,consideration of certain information in imposing sanctions ,in determining whether to impose sanctions under subsection 7a71 the ,president shall consider-- 7#a7 information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees2 and 7#b7 credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights and global health issues1 including issues related to infectious disease4 7d7 ,requests by appropriate congressional committees 7#a7 ,in general ,not later than #abj days after receiving a request that meets the requirements of paragraph 7#b7 with respect to whether a foreign person is described in subsection 7a71 the ,president shall-- 7,a7 determine if that person is so described2 and 7,b7 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-- 7i7 a statement of whether or not the ,president imposed or intends to impose sanctions with respect to the person2 and 7ii7 if the ,president imposed or intends to impose sanctions1 a description of those sanctions4 7#b7 ,requirements ,a request under paragraph 7#a7 with respect to whether a foreign person is described in subsection 7a7 shall be submitted to the ,president in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees4 7e7 ,exception ,to comply with ,united ,nations headquarters agreement and law enforcement objectives ,sanctions under subsection 7b77#a7 shall not apply to an individual if admitting the individual into the ,united ,states-- 7#a7 would further important law enforcement objectives2 or 7#b7 is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7f7 ,enforcement of blocking of property ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#b7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7g7 ,reports required ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report that includes-- 7#a7 a list of each foreign person with respect to which the ,president imposed sanctions under subsection 7b7 during the year preceding the submission of the report2 7#b7 a description of the type of sanctions imposed with respect to each such person2 7#c7 the number of foreign persons with respect to which the ,president-- 7,a7 imposed sanctions under subsection 7b7 during that year2 or 7,b7 terminated sanctions under subsection 7h7 during that year2 7#d7 the dates on which such sanctions were imposed or terminated1 as the case may be2 7#e7 the reasons for imposing or terminating such sanctions2 and 7#f7 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 section4 7h7 ,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 #ae days before the termination of the sanctions that-- 7#a7 credible information exists that the person did not engage in the activity for which sanctions were imposed2 7#b7 the person has been prosecuted appropriately for the activity for which sanctions were imposed2 7#c7 the foreign country of the person has been upgraded from the ,tier #b list to the ,tier #a list established under section #b7;a72 and 7#d7 the termination of the sanctions is in the national security interests of the ,united ,states4 7i7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7j7 ,exception relating to importation of goods 7#a7 ,in general ,the authorities and requirements to impose sanctions under this section shall not include the authority to impose sanctions on the importation of goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7k7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,financial ,services and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,person ,the term person means an individual or entity4 7#d7 ,united states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #f4 ,g-#bj investigation of international response to ,,covid-#ai 7a7 ,in general ,the ,president shall seek to work with the heads of other ,group of ,twenty 7commonly referred to as the ,g-#bj7 countries and international organizations to-- 7#a7 investigate and prepare a report on the international response to the coronavirus disease #bjai 7commonly known as ,,covid-#ai72 and 7#b7 conduct an audit of the ,world ,health ,organization relating to its actions in response to ,,covid-#ai4 7b7 ,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-#bj country and international organization to-- 7#a7 conduct a review of the ,world ,health ,organization's response to ,,covid-#ai2 and 7#b7 make recommendations to the ,united ,nations and the ,united ,nations ,security ,council on actions that can be taken to-- 7,a7 ensure improved future responses2 and 7,b7 ensure accountability of ,world ,health ,organization officials for identified failures4 #g4 ,international response to wet markets globally 7a7 ,in general ,the ,permanent ,united ,states ,representative to the ,united ,nations shall use the voice1 vote1 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 7b7 globally4 7b7 ,wet markets described ,a wet market described in this subsection is a market where-- 7#a7 animals are sold1 dead or alive1 for human consumption2 7#b7 the origin of such animals and their health cannot be certified2 and 7#c7 the conditions in which such animals are raised1 kept1 or sold are unhygienic4 #h4 ,public health emergency of international concern defined ,in this ,act1 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 ,organization4