117 S4074 IS: Preventing Future Pandemics Act of 2022
U.S. Senate
2022-04-07
text/xml
EN
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II
117th CONGRESS
2d Session
S. 4074
IN THE SENATE OF THE UNITED STATES
April 7, 2022
Mr. Cornyn (for himself, Mr. Booker, Mr. Portman, Mr. Coons, Mr. Graham, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To prevent future pandemics, and for other purposes.
1.

Short title
This Act may be cited as the “Preventing Future Pandemics Act of 2022” .
2.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations of the Senate;
(B)
the Committee on Appropriations of the Senate;
(C)
the Committee on Foreign Affairs of the House of Representatives; and
(D)
the Committee on Appropriations of the House of Representatives.
(2)

Commercial trade in live wildlife
The term commercial trade in live wildlife—
(A)
means commercial trade in live wildlife for human consumption as food or medicine, whether the animals originated in the wild or in a captive environment; and
(B)
does not include—
(i)
fish;
(ii)
invertebrates;
(iii)
amphibians and reptiles; and
(iv)
the meat of ruminant game species—
(I)
traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, trans-port, trade, and marketing; and
(II)
sold after being slaughtered and processed under sanitary conditions.
(3)

One health
The term One Health means a collaborative, multi-sectoral, and transdisciplinary approach working at the local, regional, national, and global levels with the goal of achieving optimal health outcomes that recognizes the interconnection between—
(A)
people, animals, both wild and domestic, and plants; and
(B)
the environment shared by such people, animals, and plants.
(4)

Wildlife market
The term wildlife market—
(A)
means a commercial market or subsection of a commercial market—
(i)
where live mammalian or avian wildlife is held, slaughtered, or sold for human consumption as food or medicine whether the animals originated in the wild or in a captive environment; and
(ii)
that delivers a product in communities where alternative nutritional or protein sources are readily available and affordable; and
(B)
does not include—
(i)
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 and rural local communities rely to feed them-selves and their families; and
(ii)
processors of dead wild game and fish.
3.

Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets
(a)

In general
Not later than 120 days after the completion of the first report required under section 6, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, including the Centers for Disease Control and Prevention, the Secretary of Agriculture, and the Secretary of the Interior, and after consideration of the results of best available scientific findings of practices and behaviors occurring at the source of zoonoses spillover and spread, shall publicly release a list of countries the governments of which express willingness to end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption, as defined for purposes of this Act—
(1)
immediately;
(2)
after a transitional period; and
(3)
aspirationally, over a long-term period.
(b)

Global health security zoonosis plans
The Secretary of State and the Administrator of the United States Agency for International Development shall work bilaterally with the governments of the countries listed pursuant to subsection (a) to establish Global Health Security Zoonoses Plans that—
(1)
outline actions to address novel pathogens of zoonotic origin that have the potential to become epidemics or pandemics;
(2)
identify incentives and strengthened policies; and
(3)
provide technical support to communities, policy makers, civil society, law enforcement, and other stakeholders to—
(A)
end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally; and
(B)
improve the biosecurity and sanitation conditions in markets.
(c)

Updates
The list of countries required by subsection (a), the corresponding Global Health Security Zoonosis plans established pursuant to subsection (b), and any actions taken under such plans to end the commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally, shall be reviewed, updated, and publicly released annually by the Secretary and Administrator, following review of the most recent scientific data.
4.

Sense of Congress
It is the sense of Congress that global institutions, including the Food and Agriculture Organization of the United Nations, the World Organisation for Animal Health, the World Health Organization, and the United Nations Environment Programme, together with leading intergovernmental and nongovernmental organizations, veterinary and medical colleges, the Department of State, and the United States Agency for International Development, should—
(1)
promote the paradigm of One Health as an effective and integrated way to address the complexity of emerging disease threats; and
(2)
support improved community health, biodiversity conservation, forest conservation and management, sustainable agriculture, and the safety of livestock, domestic animals, and wildlife in developing countries, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spill over.
5.

Statement of policy
It is the policy of the United States to—
(1)
support the availability of scalable and sustainable alternative sources of protein and nutrition for local communities, where appropriate, in order to minimize human reliance on the commercial trade in live wildlife for human consumption;
(2)
support foreign governments to—
(A)
reduce commercial trade in live wildlife for human consumption;
(B)
transition from the commercial trade in live wildlife for human consumption to sustainably produced alternate protein and nutritional sources;
(C)
establish and effectively manage and protect natural habitat, including protected and conserved areas and the lands of Indigenous peoples and local communities, particularly in countries with tropical forest hotspots for emerging diseases;
(D)
strengthen veterinary and agricultural extension capacity to improve sanitation along the value chain and biosecurity of live animal markets; and
(E)
strengthen public health capacity, particularly in countries where there is a high risk of emerging zoonotic viruses and other infectious diseases;
(3)
respect the rights and needs of indigenous peoples and local communities dependent on such wildlife for nutritional needs and food security; and
(4)
facilitate international cooperation by working with international partners through intergovernmental, international, and nongovernmental organizations such as the United Nations to—
(A)
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 closure of wildlife markets and prevention of the commercial trade in live wildlife for human consumption, except 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;
(B)
raise awareness and build stakeholder engagement networks, including civil society, the private sector, and local and regional governments on the dangerous potential of wildlife markets as a source of zoonotic diseases 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;
(C)
encourage and support alternative forms of sustainable food production, farming, and shifts to sustainable sources of protein and nutrition instead of terrestrial wildlife, where able and appropriate, and reduce consumer demand for terrestrial and freshwater 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
(D)
strive to increase biosecurity and hygienic standards implemented in farms, gathering centers, transport, and market systems around the globe, especially those specializing in the provision of products intended for human consumption.
6.

Prevention of future zoonotic spillover event
(a)

In general
The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant departments and agencies, shall work with foreign governments, multilateral entities, intergovernmental organizations, international partners, private sector partners, and nongovernmental organizations to carry out activities supporting the following objectives, recognizing that multiple interventions will likely be necessary to make an impact, and that interventions will need to be tailored to the situation to—
(1)
pursuant to section 3, close wildlife markets and prevent associated commercial trade in live wildlife, placing a priority focus on countries with significant markets for live wildlife for human consumption, high-volume commercial trade and associated markets, trade in and across urban centers, and trade for luxury consumption or where there is no dietary necessity—
(A)
through existing treaties, conventions, and agreements;
(B)
by amending existing protocols or agreements;
(C)
by pursuing new protocols; or
(D)
by other means of international coordination;
(2)
improve regulatory oversight and reduce commercial trade in live wildlife and eliminate practices identified to contribute to zoonotic spillover and emerging pathogens;
(3)
prevent commercial trade in live wildlife through programs that combat wildlife trafficking and poaching, including—
(A)
providing assistance to improve law enforcement;
(B)
detecting and deterring the illegal import, transit, sale, and export of wildlife;
(C)
strengthening such programs to assist countries through legal reform;
(D)
improving information sharing and enhancing capabilities of participating foreign governments;
(E)
supporting efforts to change behavior and reduce demand for such wildlife products;
(F)
leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; and
(G)
strengthening collaboration with key private sector entities in the transportation industry to prevent and report the transport of such wildlife and wildlife products;
(4)
leverage strong United States bilateral relationships to support new and existing inter-Ministerial collaborations or Task Forces that can serve as regional One Health models;
(5)
build local agricultural and food safety capacity by leveraging expertise from the United States Department of Agriculture (USDA) and institutions of higher education with agricultural or natural resource expertise;
(6)
work through international organizations to help develop a set of objective risk-based metrics that provide a cross-country comparable measure of the level of risk posed by wildlife trade and marketing and can be used to track progress nations make in reducing risks, identify where resources should be focused, and potentially leverage a peer influence effect;
(7)
increase efforts to prevent the degradation and fragmentation of forests and other intact ecosystems to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to, for example—
(A)
conserve, protect, and restore the integrity of such ecosystems;
(B)
support the rights and needs of Indigenous People and local communities and their ability to continue their effective stewardship of their traditional lands and territories;
(C)
support the establishment and effective management of protected areas, prioritizing highly intact areas; and
(D)
prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including by governments, private sector entities, and multilateral development financial institutions;
(8)
offer appropriate alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial trade in live wildlife for human consumption;
(9)
ensure that the rights of indigenous peoples and local communities are respected and their authority to exercise these rights is protected;
(10)
strengthen global capacity for prevention, prediction, and detection of novel and existing zoonoses with pandemic potential, including the support of innovative technologies in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies; and
(11)
support the development of One Health systems at the local, regional, national, and global levels in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies, particularly in emerging infectious disease hotspots, through a collaborative, multisectoral, and transdisciplinary approach that recognizes the interconnections among people, animals, plants, and their shared environment to achieve equitable and sustainable health outcomes.
(b)

Activities may include
(1)

Global cooperation
The United States Government, working through the United Nations and its components, as well as international organization such as Interpol, the Food and Agriculture Organization of the United Nations, and the World Organisation for Animal Health, and in furtherance of the policies described in section 5, shall—
(A)
collaborate with other member States, issue declarations, statements, and communiques urging countries to close wildlife markets, and prevent commercial trade in live wildlife 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 new, and support existing, international coalitions focused on closing wildlife markets and preventing commercial trade in live wildlife for human consumption, 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 associated trade over such timeframe and in such manner as to minimize the increase of wildlife trafficking and poaching.
(B)
Creating economic and enforcement pressure for the immediate shut down of uncontrolled, unsanitary, or illicit wildlife markets and their supply chains to prevent their operation.
(C)
Providing assistance and guidance to other governments on measures to prohibit the import, export, and domestic commercial trade in live wildlife for the purpose of human consumption.
(D)
Implementing risk reduction interventions and control options to address zoonotic spillover along the supply chain for the wildlife market system.
(E)
Engaging and receiving guidance from key stakeholders at the ministerial, local government, and civil society level, including Indigenous Peoples, in countries that will be impacted by this Act and where wildlife markets and associated wildlife trade are the predominant source of meat or protein, in order to mitigate the impact of any international efforts on food security, nutrition, local customs, conservation methods, or cultural norms.
(c)

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 such sums as necessary for each of fiscal years 2023 through 2032 to the United States Agency for International Development to reduce demand for consumption of wildlife from wildlife markets and support shifts to diversified alternative and sustainably produced sources of nutritious 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, using a multisectoral approach and including support for demonstration programs.
(B)

Activities
The Bureau for Development, Democracy and Innovation (DDI), the Bureau for Resilience and Food Security (RFS), and the Bureau for Global Health (GH) of the United States Agency for International Development shall, in partnership with United States and international 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, in consultation with the Secretary of the Interior, shall increase activities in United States Agency for International Development programs related to conserving biodiversity, combating wildlife trafficking, sustainable landscapes, 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, livestock, and wildlife health monitoring systems of pathogens of zoonotic origin to support early detection and reporting of novel and known pathogens for emergence of zoonotic disease and strengthening cross-sectoral collaboration to align risk reduction approaches in consultation with the Director of the Centers for Disease Control and the Secretary of Health and Human Services;
(D)
improved domestic and wild animal disease monitoring and control at production and market levels;
(E)
development of alternative livelihood opportunities where possible;
(F)
preventing degradation and fragmentation of forests and other intact ecosystems and restoring the integrity of such ecosystems, particularly in tropical countries, to prevent the creation of new pathways for zoonotic pathogen transmission that arise from interactions among wildlife, humans, and livestock populations;
(G)
minimizing interactions between domestic livestock and wild animals in markets and captive production;
(H)
supporting shifts from wildlife markets to diversified, safe, affordable, and accessible alternative sources of protein and nutrition through enhanced local and national food systems while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process;
(I)
improving community health, forest management practices, and safety of livestock production in tropical landscapes, particularly in hotspots for zoonotic spillover and emerging infectious diseases;
(J)
preventing degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife, human, and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to—
(i)
conserve, protect, and restore the integrity of such ecosystems; and
(ii)
support the rights of Indigenous People and local communities and their ability to continue their effective steward ship of their intact traditional lands and territories;
(K)
supporting development and use of multi-data sourced predictive models and decisionmaking tools to identify areas of highest probability of zoonotic spillover and to determine cost-effective monitoring and mitigation approaches; and
(L)
other relevant activities described in this section that are within the mandate of the United States Agency for International Development.
(d)

Staffing requirements
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, the Centers for Disease Control and Prevention, and other Federal entities as appropriate, is authorized to hire additional personnel—
(1)
to undertake programs aimed at reducing the risks of endemic and emerging infectious diseases and exposure to antimicrobial resistant pathogens;
(2)
to provide administrative support and resources to ensure effective and efficient coordination of funding opportunities and sharing of expertise from relevant United States Agency for International Development bureaus and programs, including emerging pandemic threats;
(3)
to award funding to on-the-ground projects;
(4)
to provide project oversight to ensure accountability and transparency in all phases of the award process; and
(5)
to undertake additional activities under this Act.
(e)

Reporting requirements
(1)

Department of State and United States Agency for International Development
(A)

In general
Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 2030, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report—
(i)
describing—
(I)
the actions taken pursuant to this Act and the provision of United States technical assistance;
(II)
the impact and effectiveness of international cooperation on shutting down wildlife markets;
(III)
partnerships developed with other institutions of higher learning and nongovernmental organizations; and
(IV)
the impact and effectiveness of international cooperation on preventing the import, export, and domestic commercial trade in live wildlife for the purpose of human use as food or medicine, while accounting for the differentiated needs of vulnerable populations who depend upon such wildlife as a predominant source of meat or protein;
(ii)
identifying—
(I)
foreign countries that continue to enable the operation of wildlife markets as defined by this Act and the associated trade of wildlife products for human use as food or medicine that feeds such markets;
(II)
recommendations for incentivizing or enforcing compliance with laws and policies to close wildlife markets pursuant to section 3 and uncontrolled, unsanitary, or illicit wildlife markets and end the associated commercial trade in live wildlife for human use as food or medicine, which may include visa restrictions and other diplomatic or economic tools; and
(III)
summarizing additional personnel hired with funding authorized under this Act, including the number hired in each bureau.
(B)

Initial report
The first report submitted under subparagraph (A) shall include, in addition to the elements described in such subparagraph, a summary of existing research and findings related to the risk live wildlife markets pose to human health through the emergence or reemergence of pathogens and activities to reduce the risk of zoonotic spillover.
(C)

Form
The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex.
7.

Law enforcement attache deployment
(a)

In general
The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and 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 1 or more United States embassies, consulates, commands, or other facilities—
(1)
in 1 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 the Interior, that are known or suspected to be a source of illegal trade of species listed—
(A)
as a threatened species or an 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)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2032.
8.

Reservation of rights
Nothing in this Act shall restrict or otherwise prohibit—
(1)
legal and regulated hunting, fishing, or trapping activities for subsistence, sport, or recreation; or
(2)
the lawful domestic and international transport of legally harvested fish or wildlife trophies.