Preventing Future Pandemics Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 151 To address the public health risks posed by wildlife markets, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. QUIGLEY (for himself and Mr. UPTON) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Energy and Commerce, the Judiciary, Ways and Means, Financial Services, and Natural Resources, for a period to be sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the public health risks posed by wildlife markets, 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 ‘‘Preventing Future 4 Pandemics Act of 2021’’. 5 SEC. 2. WILDLIFE MARKET DEFINED. 6 In this Act, the term ‘‘wildlife market’’— 7 (1) means a commercial market that— 8 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 151 IH (A) sells or slaughters terrestrial, including 1 avian, wildlife for human consumption as food 2 or medicine, whether the animals originated in 3 the wild or in a captive environment; and 4 (B) delivers a product in communities 5 where alternative nutritional or protein sources 6 are available; and 7 (2) does not include markets in areas where no 8 other practical alternative sources of protein or meat 9 exists, such as wildlife markets in rural areas on 10 which indigenous people rely to feed themselves and 11 their families. 12 SEC. 3. STUDY ON RISK OF WILDLIFE MARKETS ON THE 13 EMERGENCE OF NOVEL VIRAL PATHOGENS. 14 (a) IN GENERAL.—Not later than 30 days after the 15 date of the enactment of this Act, the Secretary of Health 16 and Human Services shall seek to enter into an agreement 17 with the National Academies of Sciences, Engineering, 18 and Medicine under which the National Academies of 19 Sciences, Engineering, and Medicine agrees to conduct a 20 study to evaluate— 21 (1) the impact of physical proximity and con- 22 sumption of terrestrial wildlife as food or medicine 23 on the emergence of viral and other microbial patho- 24 gens; 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 151 IH (2) the impact of consumption of terrestrial 1 wildlife as food or medicine on the transmission of 2 novel viral and other microbial pathogens; 3 (3) the role consumption of terrestrial wildlife 4 as food or medicine has on the transmission of mi- 5 crobes from animals to humans; and 6 (4) the conditions at live wildlife markets that 7 lead to transmission of zoonotic diseases. 8 (b) REPORT.—The agreement under subsection (a) 9 shall require the National Academies to, not later than 10 one year after the date of such agreement, submit a report 11 to the Committee on Health, Education, Labor, and Pen- 12 sions of the Senate and the Committee on Energy and 13 Commerce of the House of Representatives on the findings 14 of the study conducted pursuant to subsection (a). 15 SEC. 4. INTERNATIONAL COOPERATION. 16 (a) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that global institutions, including the Food and Ag- 18 riculture Organization of the United Nations (FAO), the 19 World Organisation for Animal Health (OIE), and the 20 World Health Organization (WHO), together with leading 21 nongovernmental organizations, veterinary colleges, and 22 the United States Agency for International Development 23 (USAID), should promote the paradigm of One Health— 24 the integration of human health, animal health, agri- 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 151 IH culture, ecosystems, and the environment as an effective 1 and integrated way to address the complexity of emerging 2 disease threats. 3 (b) STATEMENT OF POLICY.—It is the policy of the 4 United States to facilitate international cooperation by 5 working with international partners and through intergov- 6 ernmental, international, and nongovernmental organiza- 7 tions such as the United Nations to— 8 (1) lead a resolution at the United Nations Se- 9 curity Council or General Assembly and World 10 Health Assembly outlining the danger to human and 11 animal health from emerging zoonotic infectious dis- 12 eases, with recommendations for implementing the 13 worldwide closure of wildlife markets and the ending 14 of the associated commercial trade of terrestrial 15 wildlife that feed and supply those markets, except 16 for in such countries or regions where the consump- 17 tion of wildlife is necessary for local food security or 18 where such actions would significantly disrupt a 19 readily available and irreplaceable food supply; 20 (2) work with governments through existing 21 treaties and the United Nations to develop a new 22 protocol or agreement, and amend existing protocols 23 or agreements, regarding stopping deforestation and 24 other ecosystem destruction, closing commercial 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 151 IH wildlife markets for human consumption, and end 1 the associated commercial trade of terrestrial wildlife 2 that feed and supply those markets while ensuring 3 full consideration to the needs and rights of indige- 4 nous peoples and local communities that are depend- 5 ent on wildlife for their food security, national sov- 6 ereignty, and local laws and customs; 7 (3) disrupt and ultimately end the commercial 8 international trade in terrestrial wildlife associated 9 with wildlife markets and eliminate commercial wild- 10 life markets; 11 (4) disrupt and ultimately eliminate wildlife 12 trafficking associated with the operation of wildlife 13 markets; 14 (5) raise awareness on the dangerous potential 15 of wildlife markets as a source of zoonotic diseases 16 such as the novel coronavirus that causes the disease 17 COVID–19 and reduce demand for the consumption 18 of wildlife through evidence-based behavior change 19 programs while ensuring that existing wildlife habi- 20 tat is not encroached upon or destroyed as part of 21 this process; 22 (6) encourage and support alternate forms of 23 food production, farming, and shifts to domestic 24 animal- or plant-source foods instead of terrestrial 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 151 IH wildlife where able and appropriate, and reduce con- 1 sumer demand for terrestrial wildlife through en- 2 hanced local and national food systems, especially in 3 areas where wildlife markets play a significant role 4 in meeting subsistence needs while ensuring that ex- 5 isting wildlife habitat is not encroached upon or de- 6 stroyed as part of this process; and 7 (7) strive to increase hygienic standards imple- 8 mented in markets around the globe, especially those 9 specializing in the sale of products intended for 10 human consumption. 11 (c) ACTIVITIES.— 12 (1) GLOBAL PROHIBITIONS AND ENFORCE- 13 MENT.—The United States Government, working 14 through the United Nations and its components, as 15 well as international organization such as Interpol 16 and the World Organisation for Animal Health, and 17 in furtherance of the policies described in subsection 18 (b), shall— 19 (A) collaboratively with other member 20 states, issue declarations, statements, and com- 21 muniques urging a global ban on commercial 22 wildlife markets and trade for human consump- 23 tion; and 24 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 151 IH (B) urge increased enforcement of existing 1 laws to end wildlife trafficking. 2 (2) INTERNATIONAL COALITIONS.—The Sec- 3 retary of State shall seek to build international coali- 4 tions focused on ending commercial wildlife markets 5 for human consumption and associated wildlife trade 6 which feeds and supplies said markets, with a focus 7 on the following efforts: 8 (A) Providing assistance and advice to 9 other governments in the adoption of legislation 10 and regulations to close wildlife markets and 11 trade for human consumption. 12 (B) Creating economic pressure on wildlife 13 markets and their supply chains to prevent 14 their operation. 15 (C) Providing assistance and guidance to 16 other governments to prohibit the import, ex- 17 port, and domestic trade of live terrestrial wild- 18 life for the purpose of human consumption. 19 (D) Engaging and receiving guidance from 20 key stakeholders at the ministerial, local gov- 21 ernment, and civil society level in countries that 22 will be impacted by this Act and where wildlife 23 markets and associated wildlife trafficking is 24 the predominant source of meat or protein, in 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 151 IH order to mitigate the impact of any inter- 1 national efforts on local customs, conservation 2 methods, or cultural norms. 3 (3) AUTHORIZATION OF IMPOSITION OF SANC- 4 TIONS.— 5 (A) FINDING AND REPORT REQUIRED.— 6 (i) IN GENERAL.—The Secretary of 7 State shall submit a report to the Presi- 8 dent if the Secretary, in consultation with 9 the Secretary of Health and Human Serv- 10 ices, the Secretary of the Interior, and the 11 Administrator of the United States Agency 12 for International Development, finds 13 that— 14 (I) a foreign country— 15 (aa) continues to license or 16 enable commercial wildlife mar- 17 kets; or 18 (bb) does not enact regula- 19 tions consistent with subsection 20 (b) to ultimately eliminate those 21 markets; or 22 (II) nationals of a foreign coun- 23 try, based on credible evidence, are 24 trafficking or otherwise moving com- 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 151 IH mercial quantities of wildlife intended 1 for human consumption. 2 (ii) MONITORING AND INVESTIGA- 3 TIONS.—In administering this subpara- 4 graph, the Secretary of State, in consulta- 5 tion with the Secretary of Health and 6 Human Services, the Secretary of the Inte- 7 rior, and the Administrator of the United 8 States Agency for International Develop- 9 ment, shall— 10 (I) periodically monitor the ac- 11 tivities of foreign entities described in 12 clause (i); 13 (II) promptly investigate any ac- 14 tivity by foreign entities that, in the 15 opinion of the Secretary, may be 16 cause for reporting under clause (i); 17 and 18 (III) promptly conclude, and 19 reach a decision with respect to, any 20 investigation commenced under sub- 21 clause (II). 22 (iii) TRANSMISSION TO CONGRESS.— 23 Not later than 15 days after submitting a 24 report to the President under clause (i), 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 151 IH Secretary of State shall transmit the re- 1 port to Congress. 2 (B) PENALTIES.—After receiving a report 3 under subparagraph (A)(i) with respect to a 4 country, the President may impose such eco- 5 nomic, diplomatic, or other penalties as the 6 President considers appropriate with respect to 7 that country or nationals of that country, in- 8 cluding the following: 9 (i) PROHIBITION ON IMPORTATION.— 10 The President may direct the Secretary of 11 the Treasury to prohibit the importation 12 into the United States of any articles from 13 the country for such period of time as the 14 President determines appropriate and to 15 the extent that such prohibition is per- 16 mitted by the World Trade Organization 17 (as defined in section 2(8) of the Uruguay 18 Round Agreements Act (19 U.S.C. 19 3501(8))) or pursuant to the multilateral 20 trade agreements (as defined in section 21 2(4) of the Uruguay Round Agreements 22 Act (19 U.S.C. 3501(4))). 23 (ii) EXCLUSION FROM UNITED 24 STATES.— 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 151 IH (I) IN GENERAL.—The President 1 may direct the Secretary of State to 2 deny a visa to, and the Secretary of 3 Homeland Security to exclude from 4 the United States, any national of the 5 country described in subparagraph 6 (A)(i)(II). 7 (II) EXCEPTION TO COMPLY 8 WITH INTERNATIONAL OBLIGATIONS 9 AND FOR LAW ENFORCEMENT ACTIVI- 10 TIES.—Subclause (I) shall not apply 11 with respect to an individual if admit- 12 ting or paroling the individual into the 13 United States is necessary— 14 (aa) to permit the United 15 States to comply with the Agree- 16 ment regarding the Headquarters 17 of the United Nations, signed at 18 Lake Success June 26, 1947, 19 and entered into force November 20 21, 1947, between the United 21 Nations and the United States, 22 or other applicable international 23 obligations; or 24 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H151.IH H151 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 151 IH (bb) to carry out or assist 1 law enforcement activity in the 2 United States. 3 (iii) BLOCKING OF PROPERTY.—The 4 President may exercise all of the powers 5 granted to the President under the Inter- 6 national Emergency Economic Powers Act 7 (50 U.S.C. 1701 et seq.) to the extent nec- 8 essary to block and prohibit all trans- 9 actions in property and interests in prop- 10 erty of any national of the country de- 11 scribed in subparagraph (A)(II), if such 12 property and interests in property are in 13 the United States, come within the United 14 States, or are or come within the posses- 15 sion or control of a United States person. 16 (iv) PREVENTION OF ACCESS TO 17 INTERNATIONAL PAYMENT CHANNELS.— 18 The President may work with international 19 partners to prevent access to the Society 20 for Worldwide Interbank Financial Tele- 21 communications (commonly known as 22 ‘‘SWIFT’’) network and other payment 23 channels by any national of the country de- 24 scribed in subparagraph (A)(II). 25 VerDate Sep 11 2014 23:50 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H151. 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