[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 151 Introduced in House (IH)]
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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
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 address the public health risks posed by wildlife markets, and for
other purposes.
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 ``Preventing Future Pandemics Act of
2021''.
SEC. 2. WILDLIFE MARKET DEFINED.
In this Act, the term ``wildlife market''--
(1) means a commercial market that--
(A) sells or slaughters terrestrial, including
avian, wildlife for human consumption as food or
medicine, whether the animals originated in the wild or
in a captive environment; and
(B) delivers a product in communities where
alternative nutritional or protein sources are
available; and
(2) does not include markets in areas where no other
practical alternative sources of protein or meat exists, such
as wildlife markets in rural areas on which indigenous people
rely to feed themselves and their families.
SEC. 3. STUDY ON RISK OF WILDLIFE MARKETS ON THE EMERGENCE OF NOVEL
VIRAL PATHOGENS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine under which the National Academies
of Sciences, Engineering, and Medicine agrees to conduct a study to
evaluate--
(1) the impact of physical proximity and consumption of
terrestrial wildlife as food or medicine on the emergence of
viral and other microbial pathogens;
(2) the impact of consumption of terrestrial wildlife as
food or medicine on the transmission of novel viral and other
microbial pathogens;
(3) the role consumption of terrestrial wildlife as food or
medicine has on the transmission of microbes from animals to
humans; and
(4) the conditions at live wildlife markets that lead to
transmission of zoonotic diseases.
(b) Report.--The agreement under subsection (a) shall require the
National Academies to, not later than one year after the date of such
agreement, submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives on the findings of the study
conducted pursuant to subsection (a).
SEC. 4. INTERNATIONAL COOPERATION.
(a) Sense of Congress.--It is the sense of Congress that global
institutions, including the Food and Agriculture Organization of the
United Nations (FAO), the World Organisation for Animal Health (OIE),
and the World Health Organization (WHO), together with leading
nongovernmental organizations, veterinary colleges, and the United
States Agency for International Development (USAID), should promote the
paradigm of One Health--the integration of human health, animal health,
agriculture, ecosystems, and the environment as an effective and
integrated way to address the complexity of emerging disease threats.
(b) Statement of Policy.--It is the policy of the United States to
facilitate international cooperation by working with international
partners and through intergovernmental, international, and
nongovernmental organizations such as the United Nations to--
(1) lead a resolution at the United Nations Security
Council or General Assembly and World Health Assembly outlining
the danger to human and animal health from emerging zoonotic
infectious diseases, with recommendations for implementing the
worldwide closure of wildlife markets and the ending of the
associated commercial trade of terrestrial wildlife that feed
and supply those markets, except for in such countries or
regions where the consumption of wildlife is necessary for
local food security or where such actions would significantly
disrupt a readily available and irreplaceable food supply;
(2) work with governments through existing treaties and the
United Nations to develop a new protocol or agreement, and
amend existing protocols or agreements, regarding stopping
deforestation and other ecosystem destruction, closing
commercial wildlife markets for human consumption, and end the
associated commercial trade of terrestrial wildlife that feed
and supply those markets while ensuring full consideration to
the needs and rights of indigenous peoples and local
communities that are dependent on wildlife for their food
security, national sovereignty, and local laws and customs;
(3) disrupt and ultimately end the commercial international
trade in terrestrial wildlife associated with wildlife markets
and eliminate commercial wildlife markets;
(4) disrupt and ultimately eliminate wildlife trafficking
associated with the operation of wildlife markets;
(5) raise awareness on the dangerous potential of wildlife
markets as a source of zoonotic diseases such as the novel
coronavirus that causes the disease COVID-19 and reduce demand
for the consumption of wildlife through evidence-based behavior
change programs while ensuring that existing wildlife habitat
is not encroached upon or destroyed as part of this process;
(6) encourage and support alternate forms of food
production, farming, and shifts to domestic animal- or plant-
source foods instead of terrestrial wildlife where able and
appropriate, and reduce consumer demand for terrestrial
wildlife through enhanced local and national food systems,
especially in areas where wildlife markets play a significant
role in meeting subsistence needs while ensuring that existing
wildlife habitat is not encroached upon or destroyed as part of
this process; and
(7) strive to increase hygienic standards implemented in
markets around the globe, especially those specializing in the
sale of products intended for human consumption.
(c) Activities.--
(1) Global prohibitions and enforcement.--The United States
Government, working through the United Nations and its
components, as well as international organization such as
Interpol and the World Organisation for Animal Health, and in
furtherance of the policies described in subsection (b),
shall--
(A) collaboratively with other member states, issue
declarations, statements, and communiques urging a
global ban on commercial wildlife markets and trade for
human consumption; and
(B) urge increased enforcement of existing laws to
end wildlife trafficking.
(2) International coalitions.--The Secretary of State shall
seek to build international coalitions focused on ending
commercial wildlife markets for human consumption and
associated wildlife trade which feeds and supplies said
markets, with a focus on the following efforts:
(A) Providing assistance and advice to other
governments in the adoption of legislation and
regulations to close wildlife markets and trade for
human consumption.
(B) Creating economic pressure on wildlife markets
and their supply chains to prevent their operation.
(C) Providing assistance and guidance to other
governments to prohibit the import, export, and
domestic trade of live terrestrial wildlife for the
purpose of human consumption.
(D) Engaging and receiving guidance from key
stakeholders at the ministerial, local government, and
civil society level in countries that will be impacted
by this Act and where wildlife markets and associated
wildlife trafficking is the predominant source of meat
or protein, in order to mitigate the impact of any
international efforts on local customs, conservation
methods, or cultural norms.
(3) Authorization of imposition of sanctions.--
(A) Finding and report required.--
(i) In general.--The Secretary of State
shall submit a report to the President if the
Secretary, in consultation with the Secretary
of Health and Human Services, the Secretary of
the Interior, and the Administrator of the
United States Agency for International
Development, finds that--
(I) a foreign country--
(aa) continues to license
or enable commercial wildlife
markets; or
(bb) does not enact
regulations consistent with
subsection (b) to ultimately
eliminate those markets; or
(II) nationals of a foreign
country, based on credible evidence,
are trafficking or otherwise moving
commercial quantities of wildlife
intended for human consumption.
(ii) Monitoring and investigations.--In
administering this subparagraph, the Secretary
of State, in consultation with the Secretary of
Health and Human Services, the Secretary of the
Interior, and the Administrator of the United
States Agency for International Development,
shall--
(I) periodically monitor the
activities of foreign entities
described in clause (i);
(II) promptly investigate any
activity by foreign entities that, in
the opinion of the Secretary, may be
cause for reporting under clause (i);
and
(III) promptly conclude, and reach
a decision with respect to, any
investigation commenced under subclause
(II).
(iii) Transmission to congress.--Not later
than 15 days after submitting a report to the
President under clause (i), Secretary of State
shall transmit the report to Congress.
(B) Penalties.--After receiving a report under
subparagraph (A)(i) with respect to a country, the
President may impose such economic, diplomatic, or
other penalties as the President considers appropriate
with respect to that country or nationals of that
country, including the following:
(i) Prohibition on importation.--The
President may direct the Secretary of the
Treasury to prohibit the importation into the
United States of any articles from the country
for such period of time as the President
determines appropriate and to the extent that
such prohibition is permitted by the World
Trade Organization (as defined in section 2(8)
of the Uruguay Round Agreements Act (19 U.S.C.
3501(8))) or pursuant to the multilateral trade
agreements (as defined in section 2(4) of the
Uruguay Round Agreements Act (19 U.S.C.
3501(4))).
(ii) Exclusion from united states.--
(I) In general.--The President may
direct the Secretary of State to deny a
visa to, and the Secretary of Homeland
Security to exclude from the United
States, any national of the country
described in subparagraph (A)(i)(II).
(II) Exception to comply with
international obligations and for law
enforcement activities.--Subclause (I)
shall not apply with respect to an
individual if admitting or paroling the
individual into the United States is
necessary--
(aa) 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; or
(bb) to carry out or assist
law enforcement activity in the
United States.
(iii) Blocking of property.--The President
may exercise all of the powers granted to the
President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to
the extent necessary to block and prohibit all
transactions in property and interests in
property of any national of the country
described in subparagraph (A)(II), 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.
(iv) Prevention of access to international
payment channels.--The President may work with
international partners to prevent access to the
Society for Worldwide Interbank Financial
Telecommunications (commonly known as
``SWIFT'') network and other payment channels
by any national of the country described in
subparagraph (A)(II).
(C) Notification to congress.--Not later than 60
days after receiving a report under subparagraph (A)(i)
with respect to a country--
(i) the President shall notify Congress of
any action taken by the President pursuant to
the report; and
(ii) if the President decides not to direct
the Secretary of the Treasury to prohibit the
importation of terrestrial wildlife from the
country, or directs the Secretary to prohibit
the importation of less than all fish,
wildlife, or related articles of the country,
the President shall include in the notification
required by clause (i) a statement of the
reasons for that decision.
(D) Periodic review and termination.--
(i) Periodic review.--After submitting a
report to the President under subparagraph
(A)(i) with respect to a country, the Secretary
of State, in consultation with the Secretary of
Health and Human Services, the Secretary of the
Interior, and the Administrator of the United
States Agency for International Development,
shall periodically, but not less frequently
than every 2 years, review the actions of the
country and nationals of the country to
determine if the reasons for the finding of the
Secretary under that subparagraph still exist.
(ii) Termination.--Upon making a
determination under clause (i) that the reasons
for a finding under subparagraph (A)(i) with
respect to a country no longer exist, the
Secretary of State shall publish in the Federal
Register notice of the determination and a
statement of the facts on which the
determination is based.
(d) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In addition
to any other amounts provided for such purposes, there
is authorized to be appropriated $300,000,000 for each
fiscal year from 2021 through 2030 to the United States
Agency for International Development to reduce demand
for consumption of wildlife from wildlife markets and
support shifts to diversified alternative sources of
food and protein in communities that rely upon the
consumption of wildlife for food security while
ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process.
(B) Activities.--The Bureau for Economic Growth,
Education, and Environment, the Bureau for Resilience
and Food Security, and the Bureau for Global Health of
the United States Agency for International Development
shall, in partnership with United States institutions
of higher education and nongovernmental organizations,
co-develop approaches focused on safe, sustainable food
systems that support and incentivize the replacement of
terrestrial wildlife in diets while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States Agency for
International Development shall increase activities in USAID
programs related to biodiversity, wildlife trafficking,
sustainable landscape, global health, food security, and
resilience in order to address the threats and causes of
zoonotic disease outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human health surveillance systems
for emergence of zoonotic disease, and strengthening
cross-sectoral collaboration to align risk reduction
approaches;
(D) improved domestic and wild animal disease
surveillance and control at production and market
levels;
(E) development of alternative livelihood
opportunities where possible;
(F) conservation of intact ecosystems and reduction
of fragmentation and conversion of natural habitats to
prevent the creation of new pathways for zoonotic
disease transmission;
(G) minimizing interactions between domestic
livestock and wild animals in markets and captive
production; and
(H) supporting shifts from wildlife markets to
diversified, safe, affordable, and accessible protein
such as domestic animal- and plant-source foods through
enhanced local and national food systems while ensuring
that existing wildlife habitat is not encroached upon
or destroyed as part of this process.
(3) Immediate relief funding to stabilize protected
areas.--The Administrator of the United States Agency for
International Development shall administer immediate relief
funding to stabilize protected areas and conservancies.
(e) Staffing Requirements.--
(1) Office of terrorism and financial intelligence.--The
Under Secretary of the Treasury for Terrorism and Financial
Intelligence is encouraged to hire additional investigators to
bolster capacity for investigations and sanctions focused on
individuals engaged in the activities described in subsection
(c)(3)(A).
(2) United states agency for international development.--
The Administrator of the United States Agency for International
Development, in collaboration with the United States Fish and
Wildlife Service, the United States Department of Agriculture
Animal and Plant Health Inspection Service, and other Federal
entities as appropriate, is authorized to hire additional
personnel--
(A) to undertake programs aimed at reducing the
risks of endemic and emerging infectious diseases and
exposure to antimicrobial resistant pathogens;
(B) to provide administrative support and resources
to ensure effective and efficient coordination of
funding opportunities and sharing of expertise from
relevant USAID bureaus and programs, including emerging
pandemic threats;
(C) to award funding to on-the-ground projects;
(D) to provide project oversight to ensure
accountability and transparency in all phases of the
award process; and
(E) to undertake additional activities under this
Act.
(f) Reporting Requirements.--
(1) Department of state.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until 2030, the Secretary of State shall submit to the
appropriate congressional committees a report describing--
(A) the actions taken pursuant to this Act;
(B) the impact and effectiveness of international
cooperation on ending the use and operation of wildlife
markets;
(C) the impact and effectiveness of international
cooperation on ending wildlife trafficking associated
with wildlife markets; and
(D) the impact and effectiveness of international
cooperation on ending the international trade in live
terrestrial wildlife for human consumption as food or
medicine.
(2) United states agency for international development.--
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report--
(A) describing the actions taken pursuant to this
Act;
(B) describing the impact and effectiveness of
reducing demand for consumption of wildlife and
associated wildlife markets;
(C) summarizing additional personnel hired with
funding authorized under this Act, including the number
hired in each bureau; and
(D) describing partnerships developed with other
institutions of higher learning and nongovernmental
organizations.
SEC. 5. PROHIBITION OF IMPORT, EXPORT, AND SALE OF CERTAIN LIVE WILD
ANIMALS FOR HUMAN CONSUMPTION.
(a) Prohibition.--
(1) In general.--Chapter 3 of title 18, United States Code,
is amended by inserting after section 43 the following:
``Sec. 44. Prohibition of import, export, and sale of certain live wild
animals for human consumption
``(a) Definitions.--In this section--
``(1) the phrase `human consumption' shall include all
consumption as food or medicine except consumption that is
incidental to lawful hunting activity;
``(2) the term `live wild animal' means a live wild mammal,
bird, reptile, or amphibian, whether or not bred, hatched, or
born in captivity with the exception of ruminants; and
``(3) the term `wild' has the meaning given that term in
section 42.
``(b) Prohibitions.--It shall be unlawful for any person--
``(1) to import or export any live wild animal for human
consumption as food or medicine;
``(2) to sell or purchase for human consumption as food or
medicine a live wild animal, including through sale or purchase
at a live animal market; or
``(3) to attempt to commit any act described in paragraph
(1) or (2).
``(c) Penalties.--
``(1) In general.--Any person who knowingly violates
subsection (b) shall be fined not more than $100,000,
imprisoned for not more than 5 years, or both.
``(2) Multiple violations.--Each violation of subsection
(b) shall constitute a separate offense.
``(3) Venue.--A violation of subsection (b) may be
prosecuted in the judicial district in which the violation
first occurred and any judicial district in which the defendant
sold the live wild animal.''.
(2) Conforming amendment.--The table of sections for
chapter 3 of title 18, United States Code, is amended by
inserting after the item relating to section 43 the following:
``44. Prohibition of import, export, and sale of certain live wild
animals for human consumption.''.
(b) Funding.--There is authorized to be appropriated to carry out
section 44 of title 18, United States Code, as added by subsection (a),
$35,000,000 for each of fiscal years 2021 through 2030.
SEC. 6. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--Beginning in fiscal year 2021, the Secretary of
the Interior, acting through the Director of the United States Fish and
Wildlife Service, in consultation with the Secretary of State, shall
require the Chief of Law Enforcement of the United States Fish and
Wildlife Service to hire, train, and deploy not fewer than 50 new
United States Fish and Wildlife Service law enforcement attaches, and
appropriate additional support staff, at one or more United States
embassies, consulates, commands, or other facilities--
(1) in one or more countries designated as a focus country
or a country of concern in the most recent report submitted
under section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and
(2) in such additional countries or regions, as determined
by the Secretary of Interior, that are known or suspected to be
a source of illegal trade of species listed--
(A) as threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(B) under appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna
and Flora, done at Washington March 3, 1973 (27 UST
1087; TIAS 8249).
(b) Funding.--There is authorized to be appropriated to carry out
this section $150,000,000 for each of fiscal years 2021 through 2030.
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