Healthy Dog Importation Act
This bill imposes requirements on the importation of live dogs.
Specifically, the bill prohibits the importation of a live dog into the United States unless the Department of Agriculture (USDA) determines the dog (1) is in good health, (2) has received all necessary vaccinations and demonstrated negative test results as evidenced by a certificate from a licensed veterinarian, and (3) is officially identified by a permanent method approved by USDA. Additionally, dogs entering the United States for transfer must be at least six months of age and accompanied by a USDA permit. Transfer is defined as a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation.
USDA must provide an exception to any requirements under the bill for dogs that are transferred for (1) research purposes; (2) veterinary treatment under certain conditions, including appropriate quarantining; or (3) lawful importation into the state of Hawaii if the dog is not transported out of Hawaii for resale at less than six months of age.
USDA also has enforcement authority under the bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4239
To amend the Animal Health Protection Act with respect to the
importation of live dogs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2021
Mr. Schrader (for himself, Mr. Johnson of South Dakota, Mr. Garamendi,
and Mrs. Hartzler) introduced the following bill; which was referred to
the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Health Protection Act with respect to the
importation of live dogs, 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 ``Healthy Dog Importation Act''.
SEC. 2. IMPORTATION OF LIVE DOGS.
(a) In General.--The Animal Health Protection Act (7 U.S.C. 8301 et
seq.) is amended by inserting after section 10404 (7 U.S.C. 8303) the
following:
``SEC. 10404A. IMPORTATION OF LIVE DOGS.
``(a) Requirements.--
``(1) In general.--Except as provided in paragraph (3), no
person shall import a dog into the United States unless, as
determined by the Secretary, the dog--
``(A) is in good health;
``(B) has received all necessary vaccinations and
demonstrated negative test results required by the
Secretary, as evidenced by a certificate--
``(i) issued by a licensed veterinarian
accredited by a competent veterinary authority
recognized by the Secretary; and
``(ii) endorsed by such authority
representing that the veterinarian issuing the
certificate was authorized to do so; and
``(C) is officially identified by a permanent
method approved by the Secretary.
``(2) Transfer.--Except as provided in paragraph (3), no
person shall import or cause the transportation of a dog into
the United States from a foreign country for the purpose of
transfer unless, as determined by the Secretary, the dog--
``(A) meets the criteria specified in paragraph
(1);
``(B) is at least 6 months old; and
``(C) is accompanied by an import permit issued by
the Secretary under this Act.
``(3) Exceptions.--The Secretary, by regulation, shall
provide an exception to any requirement under this Act in any
case in which a dog is imported for purposes of transfer for--
``(A) research purposes;
``(B) veterinary treatment, paid for by the
importer, provided that the dog is taken directly to a
veterinary facility for treatment with appropriate
quarantine until the dog meets the criteria specified
in paragraph (1) and is then exported to its country of
origin; or
``(C) in the case of a dog that is less than 6
months old, lawful importation into the State of Hawaii
in compliance with the regulations of the State of
Hawaii and the other requirements of this section if
the dog is not transported out of the State of Hawaii
for resale at less than 6 months of age.
``(b) Implementation and Regulations.--The Secretary, the Secretary
of Health and Human Services, the Secretary of Commerce, and the
Secretary of Homeland Security, shall--
``(1) promulgate such regulations as the Secretaries
determine to be necessary to implement and enforce this
section;
``(2) facilitate electronic submission of all required
documentation and make the submitted information available to
the Secretary, the Secretary of Health and Human Services, the
Secretary of Commerce, and the Secretary of Homeland Security
for verification upon arrival; and
``(3) determine and establish such fees for the issuance of
permits and the inspection with respect to dog importation as
necessary to fund implementation and enforcement of this
section.
``(c) Rule of Construction.--Nothing in subsection (b)(3) shall be
construed as limiting the availability of funding made available under
section 10417 to carry out this section.
``(d) Enforcement.--
``(1) Authority.--The Secretary shall have the authority
granted under section 10414 to enforce this section.
``(2) Penalties.--An importer that fails to comply with
this section shall--
``(A) be subject to penalties under section 10414;
and
``(B) if such importer is a dealer, provide, as the
Secretary may determine, at the expense of the
importer, for the care (including appropriate
veterinary care), forfeiture, quarantine, and removal
from the United States and return to its place of
export with due care for the welfare of each applicable
dog.
``(e) Definitions.--In this section:
``(1) Importer.--The term `importer' means any person who
transports or causes the transportation of a dog into the
United States from a foreign country.
``(2) Transfer.--The term `transfer' means a change of
ownership or control of an imported dog to another person,
including by sale, adoption, exchange, or donation.''.
(b) Conforming Repeal.--Section 18 of the Animal Welfare Act (7
U.S.C. 2148) is repealed.
SEC. 3. TRANSPORTATION.
(a) Definition of Transporter.--Section 2 of the Animal Welfare Act
(7 U.S.C. 2132) is amended by adding at the end the following:
``(p) The term `transporter' means any person, department, agency,
or instrumentality of the United States or of any State or local
government, other than a carrier or intermediate handler, who receives
an animal from any importer, dealer, research facility, exhibitor,
operator of an auction sale, or department, agency, or instrumentality
of the United States or of any State or local government and receives
compensation for moving such animal in commerce.
``(q) The term `compensation' means any act or consideration or
thing of value received by a person directly, including cash or noncash
benefits, cost-avoidance, obtaining positive or avoiding negative
publicity, an exchange of services, or maintaining a license issued
under local, State, or Federal government authority.
``(r) The term `sell' or `resell' means to transfer of ownership or
control of an animal, including by sale, adoption, exchange, or
donation.''.
(b) Humane Standards.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) in subsection (a)(4)--
(A) in the first sentence, by striking ``air
carriers,'' and inserting ``transporters, air
carriers,''; and
(B) by adding at the end the following: ``The
Secretary shall provide, by regulation, that each
transporter, intermediate handler, or carrier receiving
a certificate of veterinary inspection required under
this section shall submit a copy of the certificate to
the Secretary, who shall record the information in a
centralized, publicly available database.''; and
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(3) by striking ``(f) No dogs or cats'' and inserting ``(g)
No dogs or cats'';
(4) in subsection (g), as redesignated by paragraph (3)--
(A) in the first sentence--
(i) by inserting ``importer,'' before
``dealer''; and
(ii) by inserting ``, transporter,'' after
``intermediate handler'' each place it appears;
and
(B) in the second sentence--
(i) by inserting ``, transporters,'' after
``intermediate handlers''; and
(ii) by striking ``section 10 of this Act''
and inserting ``subsection (a)(4)'' .
SEC. 4. REGULATIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall issue final
regulations to implement the amendments made by this Act, including the
verification upon arrival that each dog being imported into the United
States from a foreign country meets all applicable importation
requirements and the denial of entry into the United States of any dog
that fails to meet such requirements.
(b) Transition Period.--Until the date on which final regulations
are issued under subsection (a), the importation of live dogs shall be
regulated in accordance with the regulations issued under section 18 of
the Animal Welfare Act (7 U.S.C. 2148) in effect on the day before the
date of the enactment of this Act, but only to the extent that such
regulations are not in conflict with section 10404A of the Animal
Health Protection Act (as added by section 1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock and Foreign Agriculture.
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