[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4749 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4749

 To address the public health risks posed by wildlife markets, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2020

Mr. Cornyn (for himself and Mr. Booker) introduced the following bill; 
which was read twice and referred to the Committee 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 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 
2020''.

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.

    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--
            (1) conduct a study to evaluate--
                    (A) the impact of physical proximity and 
                consumption of terrestrial wildlife as food or medicine 
                on the emergence of viral and other microbial 
                pathogens;
                    (B) the impact of consumption of terrestrial 
                wildlife as food or medicine on the transmission of 
                novel viral and other microbial pathogens;
                    (C) the role consumption of terrestrial wildlife as 
                food or medicine has on the transmission of microbes 
                from animals to humans; and
                    (D) the conditions at live wildlife markets that 
                lead to transmission of zoonotic diseases; and
            (2) 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 described in paragraph (1).

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), the 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)(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 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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