[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Introduced in House (IH)]

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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).
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