Preventing Future Pandemics Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8433 To address the public health risks posed by wildlife markets, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 29, 2020 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, Financial Services, the Ju- diciary, Natural Resources, and Ways and Means, 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 2020’’. 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 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8433 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 Not later than 30 days after the date of the enact- 15 ment of this Act, the Secretary of Health and Human 16 Services shall seek to enter into an agreement with the 17 National Academies of Sciences, Engineering, and Medi- 18 cine under which the National Academies of Sciences, En- 19 gineering, and Medicine agrees to— 20 (1) conduct a study to evaluate— 21 (A) the impact of physical proximity and 22 consumption of terrestrial wildlife as food or 23 medicine on the emergence of viral and other 24 microbial pathogens; 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8433 IH (B) the impact of consumption of terres- 1 trial wildlife as food or medicine on the trans- 2 mission of novel viral and other microbial 3 pathogens; 4 (C) the role consumption of terrestrial 5 wildlife as food or medicine has on the trans- 6 mission of microbes from animals to humans; 7 and 8 (D) the conditions at live wildlife markets 9 that lead to transmission of zoonotic diseases; 10 and 11 (2) not later than one year after the date of 12 such agreement, submit a report to the Committee 13 on Health, Education, Labor, and Pensions of the 14 Senate and the Committee on Energy and Com- 15 merce of the House of Representatives on the find- 16 ings of the study described in paragraph (1). 17 SEC. 4. INTERNATIONAL COOPERATION. 18 (a) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that global institutions, including the Food and Ag- 20 riculture Organization of the United Nations (FAO), the 21 World Organisation for Animal Health (OIE), and the 22 World Health Organization (WHO), together with leading 23 nongovernmental organizations, veterinary colleges, and 24 the United States Agency for International Development 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8433 IH (USAID), should promote the paradigm of One Health— 1 the integration of human health, animal health, agri- 2 culture, ecosystems, and the environment as an effective 3 and integrated way to address the complexity of emerging 4 disease threats. 5 (b) STATEMENT OF POLICY.—It is the policy of the 6 United States to facilitate international cooperation by 7 working with international partners and through intergov- 8 ernmental, international, and nongovernmental organiza- 9 tions such as the United Nations to— 10 (1) lead a resolution at the United Nations Se- 11 curity Council or General Assembly and World 12 Health Assembly outlining the danger to human and 13 animal health from emerging zoonotic infectious dis- 14 eases, with recommendations for implementing the 15 worldwide closure of wildlife markets and the ending 16 of the associated commercial trade of terrestrial 17 wildlife that feed and supply those markets, except 18 for in such countries or regions where the consump- 19 tion of wildlife is necessary for local food security or 20 where such actions would significantly disrupt a 21 readily available and irreplaceable food supply; 22 (2) work with governments through existing 23 treaties and the United Nations to develop a new 24 protocol or agreement, and amend existing protocols 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8433 IH or agreements, regarding stopping deforestation and 1 other ecosystem destruction, closing commercial 2 wildlife markets for human consumption, and end 3 the associated commercial trade of terrestrial wildlife 4 that feed and supply those markets while ensuring 5 full consideration to the needs and rights of indige- 6 nous peoples and local communities that are depend- 7 ent on wildlife for their food security, national sov- 8 ereignty, and local laws and customs; 9 (3) disrupt and ultimately end the commercial 10 international trade in terrestrial wildlife associated 11 with wildlife markets and eliminate commercial wild- 12 life markets; 13 (4) disrupt and ultimately eliminate wildlife 14 trafficking associated with the operation of wildlife 15 markets; 16 (5) raise awareness on the dangerous potential 17 of wildlife markets as a source of zoonotic diseases 18 such as the novel coronavirus that causes the disease 19 COVID–19 and reduce demand for the consumption 20 of wildlife through evidence-based behavior change 21 programs while ensuring that existing wildlife habi- 22 tat is not encroached upon or destroyed as part of 23 this process; 24 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8433 IH (6) encourage and support alternate forms of 1 food production, farming, and shifts to domestic 2 animal- or plant-source foods instead of terrestrial 3 wildlife where able and appropriate, and reduce con- 4 sumer demand for terrestrial wildlife through en- 5 hanced local and national food systems, especially in 6 areas where wildlife markets play a significant role 7 in meeting subsistence needs while ensuring that ex- 8 isting wildlife habitat is not encroached upon or de- 9 stroyed as part of this process; and 10 (7) strive to increase hygienic standards imple- 11 mented in markets around the globe, especially those 12 specializing in the sale of products intended for 13 human consumption. 14 (c) ACTIVITIES.— 15 (1) GLOBAL PROHIBITIONS AND ENFORCE- 16 MENT.—The United States Government, working 17 through the United Nations and its components, as 18 well as international organization such as Interpol 19 and the World Organisation for Animal Health, and 20 in furtherance of the policies described in subsection 21 (b), shall— 22 (A) collaboratively with other member 23 states, issue declarations, statements, and com- 24 muniques urging a global ban on commercial 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8433 IH wildlife markets and trade for human consump- 1 tion; and 2 (B) urge increased enforcement of existing 3 laws to end wildlife trafficking. 4 (2) INTERNATIONAL COALITIONS.—The Sec- 5 retary of State shall seek to build international coali- 6 tions focused on ending commercial wildlife markets 7 for human consumption and associated wildlife trade 8 which feeds and supplies said markets, with a focus 9 on the following efforts: 10 (A) Providing assistance and advice to 11 other governments in the adoption of legislation 12 and regulations to close wildlife markets and 13 trade for human consumption. 14 (B) Creating economic pressure on wildlife 15 markets and their supply chains to prevent 16 their operation. 17 (C) Providing assistance and guidance to 18 other governments to prohibit the import, ex- 19 port, and domestic trade of live terrestrial wild- 20 life for the purpose of human consumption. 21 (D) Engaging and receiving guidance from 22 key stakeholders at the ministerial, local gov- 23 ernment, and civil society level in countries that 24 will be impacted by this Act and where wildlife 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8433 IH markets and associated wildlife trafficking is 1 the predominant source of meat or protein, in 2 order to mitigate the impact of any inter- 3 national efforts on local customs, conservation 4 methods, or cultural norms. 5 (3) AUTHORIZATION OF IMPOSITION OF SANC- 6 TIONS.— 7 (A) FINDING AND REPORT REQUIRED.— 8 (i) IN GENERAL.—The Secretary of 9 State shall submit a report to the Presi- 10 dent if the Secretary, in consultation with 11 the Secretary of Health and Human Serv- 12 ices, the Secretary of the Interior, and the 13 Administrator of the United States Agency 14 for International Development, finds 15 that— 16 (I) a foreign country— 17 (aa) continues to license or 18 enable commercial wildlife mar- 19 kets; or 20 (bb) does not enact regula- 21 tions consistent with subsection 22 (b) to ultimately eliminate those 23 markets; or 24 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8433 IH (II) nationals of a foreign coun- 1 try, based on credible evidence, are 2 trafficking or otherwise moving com- 3 mercial quantities of wildlife intended 4 for human consumption. 5 (ii) MONITORING AND INVESTIGA- 6 TIONS.—In administering this subpara- 7 graph, the Secretary of State, in consulta- 8 tion with the Secretary of Health and 9 Human Services, the Secretary of the Inte- 10 rior, and the Administrator of the United 11 States Agency for International Develop- 12 ment, shall— 13 (I) periodically monitor the ac- 14 tivities of foreign entities described in 15 clause (i); 16 (II) promptly investigate any ac- 17 tivity by foreign entities that, in the 18 opinion of the Secretary, may be 19 cause for reporting under clause (i); 20 and 21 (III) promptly conclude, and 22 reach a decision with respect to, any 23 investigation commenced under sub- 24 clause (II). 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8433 IH (iii) TRANSMISSION TO CONGRESS.— 1 Not later than 15 days after submitting a 2 report to the President under clause (i), 3 Secretary of State shall transmit the re- 4 port to Congress. 5 (B) PENALTIES.—After receiving a report 6 under subparagraph (A)(i) with respect to a 7 country, the President may impose such eco- 8 nomic, diplomatic, or other penalties as the 9 President considers appropriate with respect to 10 that country or nationals of that country, in- 11 cluding the following: 12 (i) PROHIBITION ON IMPORTATION.— 13 The President may direct the Secretary of 14 the Treasury to prohibit the importation 15 into the United States of any articles from 16 the country for such period of time as the 17 President determines appropriate and to 18 the extent that such prohibition is per- 19 mitted by the World Trade Organization 20 (as defined in section 2(8) of the Uruguay 21 Round Agreements Act (19 U.S.C. 22 3501(8))) or pursuant to the multilateral 23 trade agreements (as defined in section 24 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8433 IH 2(4) of the Uruguay Round Agreements 1 Act (19 U.S.C. 3501(4))). 2 (ii) EXCLUSION FROM UNITED 3 STATES.— 4 (I) IN GENERAL.—The President 5 may direct the Secretary of State to 6 deny a visa to, and the Secretary of 7 Homeland Security to exclude from 8 the United States, any national of the 9 country described in subparagraph 10 (A)(II). 11 (II) EXCEPTION TO COMPLY 12 WITH INTERNATIONAL OBLIGATIONS 13 AND FOR LAW ENFORCEMENT ACTIVI- 14 TIES.—Subclause (I) shall not apply 15 with respect to an individual if admit- 16 ting or paroling the individual into the 17 United States is necessary— 18 (aa) to permit the United 19 States to comply with the Agree- 20 ment regarding the Headquarters 21 of the United Nations, signed at 22 Lake Success June 26, 1947, 23 and entered into force November 24 21, 1947, between the United 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8433 IH Nations and the United States, 1 or other applicable international 2 obligations; or 3 (bb) to carry out or assist 4 law enforcement activity in the 5 United States. 6 (iii) BLOCKING OF PROPERTY.—The 7 President may exercise all of the powers 8 granted to the President under the Inter- 9 national Emergency Economic Powers Act 10 (50 U.S.C. 1701 et seq.) to the extent nec- 11 essary to block and prohibit all trans- 12 actions in property and interests in prop- 13 erty of any national of the country de- 14 scribed in subparagraph (A)(II), if such 15 property and interests in property are in 16 the United States, come within the United 17 States, or are or come within the posses- 18 sion or control of a United States person. 19 (iv) PREVENTION OF ACCESS TO 20 INTERNATIONAL PAYMENT CHANNELS.— 21 The President may work with international 22 partners to prevent access to the Society 23 for Worldwide Interbank Financial Tele- 24 communications (commonly known as 25 VerDate Sep 11 2014 20:34 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8433.IH H8433 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 8433 IH ‘‘SWIFT’’) network and other payment 1 channels by any national of the country de- 2 scribed in subparagraph (A)(II). 3 (C) NOTIFICATION T [Text truncated for display. 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