II 

117TH CONGRESS 

1ST SESSION S. 37 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2021 

Mr. CORNYN (for himself, Mr. BOOKER, Mr. TILLIS, and Mr. CARPER) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Future 

5 Pandemics Act of 2021’’. 

6 SEC. 2. WILDLIFE MARKET DEFINED. 

7 In this Act, the term ‘‘wildlife market’’— 

8 (1) means a commercial market that— 

9 (A) sells or slaughters terrestrial, including 

10 avian, wildlife for human consumption as food 


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1 or medicine, whether the animals originated in 

2 the wild or in a captive environment; and 

3 (B) delivers a product in communities 

4 where alternative nutritional or protein sources 

5 are available; and 

6 (2) does not include markets in areas where no 

7 other practical alternative sources of protein or meat 

8 exists, such as wildlife markets in rural areas on 

9 which indigenous people rely to feed themselves and 

10 their families. 

11 SEC. 3. STUDY ON RISK OF WILDLIFE MARKETS ON THE 

12 EMERGENCE OF NOVEL VIRAL PATHOGENS. 

13 Not later than 30 days after the date of the enact14 ment of this Act, the Secretary of Health and Human 

15 Services shall seek to enter into an agreement with the 

16 National Academies of Sciences, Engineering, and Medi17 cine under which the National Academies of Sciences, En18 gineering, and Medicine agrees to— 

19 (1) conduct a study to evaluate— 

20 (A) the impact of physical proximity and 

21 consumption of terrestrial wildlife as food or 

22 medicine on the emergence of viral and other 

23 microbial pathogens; 

24 (B) the impact of consumption of terres25 trial wildlife as food or medicine on the transVerDate Sep 11 2014 06:15 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S37.IS S37

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1 mission of novel viral and other microbial 

2 pathogens; 

3 (C) the role consumption of terrestrial 

4 wildlife as food or medicine has on the trans5 mission of microbes from animals to humans; 

6 and 

7 (D) the conditions at live wildlife markets 

8 that lead to transmission of zoonotic diseases; 

9 and 

10 (2) not later than one year after the date of 

11 such agreement, submit a report to the Committee 

12 on Health, Education, Labor, and Pensions of the 

13 Senate and the Committee on Energy and Com14 merce of the House of Representatives on the find15 ings of the study described in paragraph (1). 

16 SEC. 4. INTERNATIONAL COOPERATION. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that global institutions, including the Food and Ag19 riculture Organization of the United Nations (FAO), the 

20 World Organisation for Animal Health (OIE), and the 

21 World Health Organization (WHO), together with leading 

22 nongovernmental organizations, veterinary colleges, and 

23 the United States Agency for International Development 

24 (USAID), should promote the paradigm of One Health— 

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1 culture, ecosystems, and the environment as an effective 

2 and integrated way to address the complexity of emerging 

3 disease threats. 

4 (b) STATEMENT OF POLICY.—It is the policy of the 

5 United States to facilitate international cooperation by 

6 working with international partners and through intergov7 ernmental, international, and nongovernmental organiza8 tions such as the United Nations to— 

9 (1) lead a resolution at the United Nations Se10 curity Council or General Assembly and World 

11 Health Assembly outlining the danger to human and 

12 animal health from emerging zoonotic infectious dis13 eases, with recommendations for implementing the 

14 worldwide closure of wildlife markets and the ending 

15 of the associated commercial trade of terrestrial 

16 wildlife that feed and supply those markets, except 

17 for in such countries or regions where the consump18 tion of wildlife is necessary for local food security or 

19 where such actions would significantly disrupt a 

20 readily available and irreplaceable food supply; 

21 (2) work with governments through existing 

22 treaties and the United Nations to develop a new 

23 protocol or agreement, and amend existing protocols 

24 or agreements, regarding stopping deforestation and 

25 other ecosystem destruction, closing commercial 


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1 wildlife markets for human consumption, and end 

2 the associated commercial trade of terrestrial wildlife 

3 that feed and supply those markets while ensuring 

4 full consideration to the needs and rights of indige5 nous peoples and local communities that are depend6 ent on wildlife for their food security, national sov7 ereignty, and local laws and customs; 

8 (3) disrupt and ultimately end the commercial 

9 international trade in terrestrial wildlife associated 

10 with wildlife markets and eliminate commercial wild11 life markets; 

12 (4) disrupt and ultimately eliminate wildlife 

13 trafficking associated with the operation of wildlife 

14 markets; 

15 (5) raise awareness on the dangerous potential 

16 of wildlife markets as a source of zoonotic diseases 

17 such as the novel coronavirus that causes the disease 

18 COVID–19 and reduce demand for the consumption 

19 of wildlife through evidence-based behavior change 

20 programs while ensuring that existing wildlife habi21 tat is not encroached upon or destroyed as part of 

22 this process; 

23 (6) encourage and support alternate forms of 

24 food production, farming, and shifts to domestic 

25 animal- or plant-source foods instead of terrestrial 


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1 wildlife where able and appropriate, and reduce con2 sumer demand for terrestrial wildlife through en3 hanced local and national food systems, especially in 

4 areas where wildlife markets play a significant role 

5 in meeting subsistence needs while ensuring that ex6 isting wildlife habitat is not encroached upon or de7 stroyed as part of this process; and 

8 (7) strive to increase hygienic standards imple9 mented in markets around the globe, especially those 

10 specializing in the sale of products intended for 

11 human consumption. 

12 (c) ACTIVITIES.— 

13 (1) GLOBAL PROHIBITIONS AND ENFORCE14 MENT.—The United States Government, working 

15 through the United Nations and its components, as 

16 well as international organization such as Interpol 

17 and the World Organisation for Animal Health, and 

18 in furtherance of the policies described in subsection 

19 (b), shall— 

20 (A) collaboratively with other member 

21 states, issue declarations, statements, and com22 muniques urging a global ban on commercial 

23 wildlife markets and trade for human consump24 tion; and 


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1 (B) urge increased enforcement of existing 

2 laws to end wildlife trafficking. 

3 (2) INTERNATIONAL COALITIONS.—The Sec4 retary of State shall seek to build international coali5 tions focused on ending commercial wildlife markets 

6 for human consumption and associated wildlife trade 

7 which feeds and supplies said markets, with a focus 

8 on the following efforts: 

9 (A) Providing assistance and advice to 

10 other governments in the adoption of legislation 

11 and regulations to close wildlife markets and 

12 trade for human consumption. 

13 (B) Creating economic pressure on wildlife 

14 markets and their supply chains to prevent 

15 their operation. 

16 (C) Providing assistance and guidance to 

17 other governments to prohibit the import, ex18 port, and domestic trade of live terrestrial wild19 life for the purpose of human consumption. 

20 (D) Engaging and receiving guidance from 

21 key stakeholders at the ministerial, local gov22 ernment, and civil society level in countries that 

23 will be impacted by this Act and where wildlife 

24 markets and associated wildlife trafficking is 

25 the predominant source of meat or protein, in 


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1 order to mitigate the impact of any inter2 national efforts on local customs, conservation 

3 methods, or cultural norms. 

4 (3) AUTHORIZATION OF IMPOSITION OF SANC5 TIONS.— 

6 (A) FINDING AND REPORT REQUIRED.— 

7 (i) IN GENERAL.—The Secretary of 

8 State shall submit a report to the Presi9 dent if the Secretary, in consultation with 

10 the Secretary of Health and Human Serv11 ices, the Secretary of the Interior, and the 

12 Administrator of the United States Agency 

13 for International Development, finds 

14 that— 

15 (I) a foreign country— 

16 (aa) continues to license or 

17 enable commercial wildlife mar18 kets; or 

19 (bb) does not enact regula20 tions consistent with subsection 

21 (b) to ultimately eliminate those 

22 markets; or 

23 (II) nationals of a foreign coun24 try, based on credible evidence, are 

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1 mercial quantities of wildlife intended 

2 for human consumption. 

3 (ii) MONITORING AND INVESTIGA4 TIONS.—In administering this subpara5 graph, the Secretary of State, in consulta6 tion with the Secretary of Health and 

7 Human Services, the Secretary of the Inte8 rior, and the Administrator of the United 

9 States Agency for International Develop10 ment, shall— 

11 (I) periodically monitor the ac12 tivities of foreign entities described in 

13 clause (i); 

14 (II) promptly investigate any ac15 tivity by foreign entities that, in the 

16 opinion of the Secretary, may be 

17 cause for reporting under clause (i); 

18 and 

19 (III) promptly conclude, and 

20 reach a decision with respect to, any 

21 investigation commenced under sub22 clause (II). 

23 (iii) TRANSMISSION TO CONGRESS.— 

24 Not later than 15 days after submitting a 

25 report to the President under clause (i), 


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1 Secretary of State shall transmit the re2 port to Congress. 

3 (B) PENALTIES.—After receiving a report 

4 under subparagraph (A)(i) with respect to a 

5 country, the President may impose such eco6 nomic, diplomatic, or other penalties as the 

7 President considers appropriate with respect to 

8 that country or nationals of that country, in9 cluding the following: 

10 (i) PROHIBITION ON IMPORTATION.— 

11 The President may direct the Secretary of 

12 the Treasury to prohibit the importation 

13 into the United States of any articles from 

14 the country for such period of time as the 

15 President determines appropriate and to 

16 the extent that such prohibition is per17 mitted by the World Trade Organization 

18 (as defined in section 2(8) of the Uruguay 

19 Round Agreements Act (19 U.S.C. 

20 3501(8))) or pursuant to the multilateral 

21 trade agreements (as defined in section 

22 2(4) of the Uruguay Round Agreements 

23 Act (19 U.S.C. 3501(4))). 

24 (ii) EXCLUSION FROM UNITED

25 STATES.— 


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1 (I) IN GENERAL.—The President 

2 may direct the Secretary of State to 

3 deny a visa to, and the Secretary of 

4 Homeland Security to exclude from 

5 the United States, any national de6 scribed in subparagraph (A)(i)(II). 

7 (II) EXCEPTION TO COMPLY

8 WITH INTERNATIONAL OBLIGATIONS

9 AND FOR LAW ENFORCEMENT ACTIVI10 TIES.—Subclause (I) shall not apply 

11 with respect to an individual if admit12 ting or paroling the individual into the 

13 United States is necessary— 

14 (aa) to permit the United 

15 States to comply with the Agree16 ment regarding the Headquarters 

17 of the United Nations, signed at 

18 Lake Success June 26, 1947, 

19 and entered into force November 

20 21, 1947, between the United 

21 Nations and the United States, 

22 or other applicable international 

23 obligations; or 


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1 (bb) to carry out or assist 

2 law enforcement activity in the 

3 United States. 

4 (iii) BLOCKING OF PROPERTY.—The 

5 President may exercise all of the powers 

6 granted to the President under the Inter7 national Emergency Economic Powers Act 

8 (50 U.S.C. 1701 et seq.) to the extent nec9 essary to block and prohibit all trans10 actions in property and interests in prop11 erty of any national of the country de12 scribed in subparagraph (A)(II), if such 

13 property and interests in property are in 

14 the United States, come within the United 

15 States, or are or come within the posses16 sion or control of a United States person. 

17 (iv) PREVENTION OF ACCESS TO

18 INTERNATIONAL PAYMENT CHANNELS.— 

19 The President may work with international 

20 partners to prevent access to the Society 

21 for Worldwide Interbank Financial Tele22 communications (commonly known as 

23 ‘‘SWIFT’’) network and other payment 

24 channels by any national of the country de25 scribed in subparagraph (A)(II). 


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1 (C) NOTIFICATION TO CONGRESS.—Not 

2 later than 60 days after receiving a report 

3 under subparagraph (A)(i) with respect to a 

4 country— 

5 (i) the President shall notify Congress 

6 of any action taken by the President pur7 suant to the report; and 

8 (ii) if the President decides not to di9 rect the Secretary of the Treasury to pro10 hibit the importation of terrestrial wildlife 

11 from the country, or directs the Secretary 

12 to prohibit the importation of less than all 

13 fish, wildlife, or related articles of the 

14 country, the President shall include in the 

15 notification required by clause (i) a state16 ment of the reasons for that decision. 

17 (D) PERIODIC REVIEW AND TERMI18 NATION.— 

19 (i) PERIODIC REVIEW.—After submit20 ting a report to the President under sub21 paragraph (A)(i) with respect to a country, 

22 the Secretary of State, in consultation with 

23 the Secretary of Health and Human Serv24 ices, the Secretary of the Interior, and the 

25 Administrator of the United States Agency 


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1 for International Development, shall peri2 odically, but not less frequently than every 

3 2 years, review the actions of the country 

4 and nationals of the country to determine 

5 if the reasons for the finding of the Sec6 retary under that subparagraph still exist. 

7 (ii) TERMINATION.—Upon making a 

8 determination under clause (i) that the 

9 reasons for a finding under subparagraph 

10 (A)(i) with respect to a country no longer 

11 exist, the Secretary of State shall publish 

12 in the Federal Register notice of the deter13 mination and a statement of the facts on 

14 which the determination is based. 

15 (d) UNITED STATES AGENCY FOR INTERNATIONAL

16 DEVELOPMENT.— 

17 (1) SUSTAINABLE FOOD SYSTEMS FUNDING.— 

18 (A) AUTHORIZATION OF APPROPRIA19 TIONS.—In addition to any other amounts pro20 vided for such purposes, there is authorized to 

21 be appropriated $300,000,000 for each fiscal 

22 year from 2021 through 2030 to the United 

23 States Agency for International Development to 

24 reduce demand for consumption of wildlife from 

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1 fied alternative sources of food and protein in 

2 communities that rely upon the consumption of 

3 wildlife for food security while ensuring that ex4 isting wildlife habitat is not encroached upon or 

5 destroyed as part of this process. 

6 (B) ACTIVITIES.—The Bureau for Eco7 nomic Growth, Education, and Environment, 

8 the Bureau for Resilience and Food Security, 

9 and the Bureau for Global Health of the United 

10 States Agency for International Development 

11 shall, in partnership with United States institu12 tions of higher education and nongovernmental 

13 organizations, co-develop approaches focused on 

14 safe, sustainable food systems that support and 

15 incentivize the replacement of terrestrial wildlife 

16 in diets while ensuring that existing wildlife 

17 habitat is not encroached upon or destroyed as 

18 part of this process. 

19 (2) ADDRESSING THREATS AND CAUSES OF

20 ZOONOTIC DISEASE OUTBREAKS.—The Adminis21 trator of the United States Agency for International 

22 Development shall increase activities in USAID pro23 grams related to biodiversity, wildlife trafficking, 

24 sustainable landscape, global health, food security, 

25 and resilience in order to address the threats and 


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1 causes of zoonotic disease outbreaks, including 

2 through— 

3 (A) education; 

4 (B) capacity building; 

5 (C) strengthening human health surveil6 lance systems for emergence of zoonotic disease, 

7 and strengthening cross-sectoral collaboration 

8 to align risk reduction approaches; 

9 (D) improved domestic and wild animal 

10 disease surveillance and control at production 

11 and market levels; 

12 (E) development of alternative livelihood 

13 opportunities where possible; 

14 (F) conservation of intact ecosystems and 

15 reduction of fragmentation and conversion of 

16 natural habitats to prevent the creation of new 

17 pathways for zoonotic disease transmission; 

18 (G) minimizing interactions between do19 mestic livestock and wild animals in markets 

20 and captive production; and 

21 (H) supporting shifts from wildlife markets 

22 to diversified, safe, affordable, and accessible 

23 protein such as domestic animal- and plant24 source foods through enhanced local and na25 tional food systems while ensuring that existing 


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1 wildlife habitat is not encroached upon or de2 stroyed as part of this process. 

3 (3) IMMEDIATE RELIEF FUNDING TO STABILIZE

4 PROTECTED AREAS.—The Administrator of the 

5 United States Agency for International Development 

6 shall administer immediate relief funding to stabilize 

7 protected areas and conservancies. 

8 (e) STAFFING REQUIREMENTS.— 

9 (1) OFFICE OF TERRORISM AND FINANCIAL IN10 TELLIGENCE.—The Under Secretary of the Treas11 ury for Terrorism and Financial Intelligence is en12 couraged to hire additional investigators to bolster 

13 capacity for investigations and sanctions focused on 

14 individuals engaged in the activities described in 

15 subsection (c)(3)(A). 

16 (2) UNITED STATES AGENCY FOR INTER17 NATIONAL DEVELOPMENT.—The Administrator of 

18 the United States Agency for International Develop19 ment, in collaboration with the United States Fish 

20 and Wildlife Service, the United States Department 

21 of Agriculture Animal and Plant Health Inspection 

22 Service, and other Federal entities as appropriate, is 

23 authorized to hire additional personnel— 

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1 tious diseases and exposure to antimicrobial re2 sistant pathogens; 

3 (B) to provide administrative support and 

4 resources to ensure effective and efficient co5 ordination of funding opportunities and sharing 

6 of expertise from relevant USAID bureaus and 

7 programs, including emerging pandemic 

8 threats; 

9 (C) to award funding to on-the-ground 

10 projects; 

11 (D) to provide project oversight to ensure 

12 accountability and transparency in all phases of 

13 the award process; and 

14 (E) to undertake additional activities 

15 under this Act. 

16 (f) REPORTING REQUIREMENTS.— 

17 (1) DEPARTMENT OF STATE.—Not later than 

18 180 days after the date of the enactment of this Act, 

19 and annually thereafter until 2030, the Secretary of 

20 State shall submit to the appropriate congressional 

21 committees a report describing— 

22 (A) the actions taken pursuant to this Act; 

23 (B) the impact and effectiveness of inter24 national cooperation on ending the use and op25 eration of wildlife markets; 


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1 (C) the impact and effectiveness of inter2 national cooperation on ending wildlife traf3 ficking associated with wildlife markets; and 

4 (D) the impact and effectiveness of inter5 national cooperation on ending the international 

6 trade in live terrestrial wildlife for human con7 sumption as food or medicine. 

8 (2) UNITED STATES AGENCY FOR INTER9 NATIONAL DEVELOPMENT.—Not later than 180 days 

10 after the date of the enactment of this Act, the Ad11 ministrator of the United States Agency for Inter12 national Development shall submit to the appro13 priate congressional committees a report— 

14 (A) describing the actions taken pursuant 

15 to this Act; 

16 (B) describing the impact and effectiveness 

17 of reducing demand for consumption of wildlife 

18 and associated wildlife markets; 

19 (C) summarizing additional personnel 

20 hired with funding authorized under this Act, 

21 including the number hired in each bureau; and 

22 (D) describing partnerships developed with 

23 other institutions of higher learning and non24 governmental organizations. 


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1 SEC. 5. PROHIBITION OF IMPORT, EXPORT, AND SALE OF 

2 CERTAIN LIVE WILD ANIMALS FOR HUMAN 

3 CONSUMPTION. 

4 (a) PROHIBITION.— 

5 (1) IN GENERAL.—Chapter 3 of title 18, United 

6 States Code, is amended by inserting after section 

7 43 the following: 

8 ‘‘§ 44. Prohibition of import, export, and sale of cer9 tain live wild animals for human con10 sumption 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the phrase ‘human consumption’ shall in13 clude all consumption as food or medicine except 

14 consumption that is incidental to lawful hunting ac15 tivity. 

16 ‘‘(2) the term ‘live wild animal’ means a live 

17 wild mammal, bird, reptile, or amphibian, whether 

18 or not bred, hatched, or born in captivity with the 

19 exception of ruminants; and 

20 ‘‘(3) the term ‘wild’ has the meaning given that 

21 term in section 42. 

22 ‘‘(b) PROHIBITIONS.—It shall be unlawful for any 

23 person— 

24 ‘‘(1) to import or export any live wild animal 

25 for human consumption as food or medicine; 


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1 ‘‘(2) to sell for human consumption as food or 

2 medicine a live wild animal, including through sale 

3 or purchase at a live animal market; or 

4 ‘‘(3) to attempt to commit any act described in 

5 paragraph (1) or (2). 

6 ‘‘(c) PENALTIES.— 

7 ‘‘(1) IN GENERAL.—Any person who knowingly 

8 violates subsection (b) shall be fined not more than 

9 $100,000, imprisoned for not more than 5 years, or 

10 both. 

11 ‘‘(2) MULTIPLE VIOLATIONS.—Each violation of 

12 subsection (b) shall constitute a separate offense. 

13 ‘‘(3) VENUE.—A violation of subsection (b) may 

14 be prosecuted in the judicial district in which the 

15 violation first occurred and any judicial district in 

16 which the defendant sold the live wild animal.’’. 

17 (2) CONFORMING AMENDMENT.—The table of 

18 sections for chapter 3 of title 18, United States 

19 Code, is amended by inserting after the item relating 

20 to section 43 the following: 

‘‘44. Prohibition of import, export, and sale of certain live wild animals for 

human consumption.’’. 

21 (b) FUNDING.—There is authorized to be appro22 priated to carry out section 44 of title 18, United States 

23 Code, as added by subsection (a), $35,000,000 for each 

24 of fiscal years 2021 through 2030. 


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1 SEC. 6. LAW ENFORCEMENT ATTACHE DEPLOYMENT. 

2 (a) IN GENERAL.—Beginning in fiscal year 2021, the 

3 Secretary of the Interior, acting through the Director of 

4 the United States Fish and Wildlife Service, in consulta5 tion with the Secretary of State, shall require the Chief 

6 of Law Enforcement of the United States Fish and Wild7 life Service to hire, train, and deploy not fewer than 50 

8 new United States Fish and Wildlife Service law enforce9 ment attaches, and appropriate additional support staff, 

10 at one or more United States embassies, consulates, com11 mands, or other facilities— 

12 (1) in one or more countries designated as a 

13 focus country or a country of concern in the most 

14 recent report submitted under section 201 of the 

15 Eliminate, Neutralize, and Disrupt Wildlife Traf16 ficking Act of 2016 (16 U.S.C. 7621); and 

17 (2) in such additional countries or regions, as 

18 determined by the Secretary of Interior, that are 

19 known or suspected to be a source of illegal trade of 

20 species listed— 

21 (A) as threatened species or endangered 

22 species under the Endangered Species Act of 

23 1973 (16 U.S.C. 1531 et seq.); or 

24 (B) under appendix I of the Convention on 

25 International Trade in Endangered Species of 


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1 Wild Fauna and Flora, done at Washington 

2 March 3, 1973 (27 UST 1087; TIAS 8249). 

3 (b) FUNDING.—There is authorized to be appro4 priated to carry out this section $150,000,000 for each 

5 of fiscal years 2021 through 2030. 

Æ 


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