Preventing Future Pandemics Act of 2021

II 117TH CONGRESS 1ST SESSION S. 37 To address the public health risks posed by wildlife markets, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 25, 2021 Mr. CORNYN (for himself, Mr. BOOKER, Mr. TILLIS, and Mr. CARPER) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations 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 (A) sells or slaughters terrestrial, including 9 avian, wildlife for human consumption as food 10 VerDate Sep 11 2014 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 2 •S 37 IS or medicine, whether the animals originated in 1 the wild or in a captive environment; and 2 (B) delivers a product in communities 3 where alternative nutritional or protein sources 4 are available; and 5 (2) does not include markets in areas where no 6 other practical alternative sources of protein or meat 7 exists, such as wildlife markets in rural areas on 8 which indigenous people rely to feed themselves and 9 their families. 10 SEC. 3. STUDY ON RISK OF WILDLIFE MARKETS ON THE 11 EMERGENCE OF NOVEL VIRAL PATHOGENS. 12 Not later than 30 days after the date of the enact- 13 ment of this Act, the Secretary of Health and Human 14 Services shall seek to enter into an agreement with the 15 National Academies of Sciences, Engineering, and Medi- 16 cine under which the National Academies of Sciences, En- 17 gineering, and Medicine agrees to— 18 (1) conduct a study to evaluate— 19 (A) the impact of physical proximity and 20 consumption of terrestrial wildlife as food or 21 medicine on the emergence of viral and other 22 microbial pathogens; 23 (B) the impact of consumption of terres- 24 trial wildlife as food or medicine on the trans- 25 VerDate Sep 11 2014 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 3 •S 37 IS mission of novel viral and other microbial 1 pathogens; 2 (C) the role consumption of terrestrial 3 wildlife as food or medicine has on the trans- 4 mission of microbes from animals to humans; 5 and 6 (D) the conditions at live wildlife markets 7 that lead to transmission of zoonotic diseases; 8 and 9 (2) not later than one year after the date of 10 such agreement, submit a report to the Committee 11 on Health, Education, Labor, and Pensions of the 12 Senate and the Committee on Energy and Com- 13 merce of the House of Representatives on the find- 14 ings of the study described in paragraph (1). 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 4 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 5 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 6 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 7 •S 37 IS (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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 8 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 9 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 10 •S 37 IS 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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 11 •S 37 IS (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 de- 5 scribed in subparagraph (A)(i)(II). 6 (II) EXCEPTION TO COMPLY 7 WITH INTERNATIONAL OBLIGATIONS 8 AND FOR LAW ENFORCEMENT ACTIVI- 9 TIES.—Subclause (I) shall not apply 10 with respect to an individual if admit- 11 ting or paroling the individual into the 12 United States is necessary— 13 (aa) to permit the United 14 States to comply with the Agree- 15 ment regarding the Headquarters 16 of the United Nations, signed at 17 Lake Success June 26, 1947, 18 and entered into force November 19 21, 1947, between the United 20 Nations and the United States, 21 or other applicable international 22 obligations; or 23 VerDate Sep 11 2014 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 12 •S 37 IS (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 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37 kjohnson on DSK79L0C42PROD with BILLS 13 •S 37 IS (C) NOTIFICATION TO CONGRESS.—Not 1 later than 60 days after receiving a report 2 under subparagraph (A)(i) with respect to a 3 country— 4 (i) the President shall notify Congress 5 of any action taken by the President pur- 6 suant to the report; and 7 (ii) if the President decides not to di- 8 rect the Secretary of the Treasury to pro- 9 hibit the [Text truncated for display. Full text available on Congress.gov.]