[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 502 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 502

     To amend the Animal Health Protection Act with respect to the 
           importation of live dogs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

   Mr. Grassley (for himself, Ms. Smith, Mr. Risch, Mr. Warnock, Mr. 
Marshall, and Mrs. Gillibrand) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 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 is amended by 
inserting after section 10404 (7 U.S.C. 8303) the following:

``SEC. 10404A. IMPORTATION OF LIVE DOGS.

    ``(a) 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) 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 
                internal and external parasite treatment and 
                demonstrated negative test results, as required by the 
                Secretary and evidenced by a certificate that--
                            ``(i) is issued by a licensed veterinarian 
                        accredited by a competent veterinary authority 
                        recognized by the Secretary; and
                            ``(ii) is endorsed by that authority in a 
                        manner 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 described 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, subject to the condition that the dog--
                            ``(i) is taken directly to a veterinary 
                        facility for treatment with appropriate 
                        quarantine until the dog meets the criteria 
                        described in paragraph (1); and
                            ``(ii) 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 transfer at less than 6 months of age.
    ``(c) 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)(A) facilitate electronic submission of all required 
        documentation prior to the arrival of a dog into the United 
        States; and
            ``(B) make the information in the documentation submitted 
        under subparagraph (A) available to the Secretary, the 
        Secretary of Health and Human Services, the Secretary of 
        Commerce, and the Secretary of Homeland Security, as 
        applicable, for verification that all applicable importation 
        requirements are met; and
            ``(3) determine and establish such fees for the issuance of 
        permits with respect to dog importation as are necessary to 
        fund the implementation and enforcement of this section.
    ``(d) Rule of Construction.--Nothing in subsection (c)(3) limits 
the availability of funding made available under section 10417 to carry 
out this section.
    ``(e) 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 the importer is a dealer, provide, as the 
                Secretary may determine, at the expense of the 
                importer, for--
                            ``(i) the care (including appropriate 
                        veterinary care), forfeiture, quarantine, and 
                        removal from the United States of each 
                        applicable dog; and
                            ``(ii) the return of each applicable dog to 
                        its place of export, with due care for the 
                        welfare of each applicable dog.''.
    (b) Conforming Amendment.--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--
            (1) in subsection (c)--
                    (A) in paragraph (2), by striking ``paragraph (1)'' 
                and inserting ``subparagraph (A)''; and
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
            (2) in each of subsections (a) through (o), by inserting a 
        subsection heading, the text of which is comprised of the term 
        defined in the subsection;
            (3) by redesignating subsections (a) through (o) as 
        paragraphs (12), (15), (3), (17), (14), (6), (1), (7), (11), 
        (2), (8), (9), (13), (4), (10), respectively, and indenting 
        appropriately;
            (4) by inserting after paragraph (4) (as so designated) the 
        following:
            ``(5) Compensation.--The term `compensation' means any act, 
        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 any local, 
        State, or Federal government authority.'';
            (5) by inserting after paragraph (15) (as so designated) 
        the following:
            ``(16) Sell; resell.--The term `sell' or `resell' means to 
        transfer ownership or control of an animal, including by sale, 
        adoption, exchange, or donation.''; and
            (6) by adding at the end the following:
            ``(18) Transporter.--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--
                    ``(A) 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
                    ``(B) receives compensation for moving that animal 
                in commerce.''.
    (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 share the 
                information with the appropriate State 
                veterinarians.'';
            (2) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively;
            (3) in the second subsection (f) (relating to certificates 
        of inspection required for delivery of an animal), by striking 
        ``(f) No dogs or cats'' and inserting the following:
    ``(g) No dogs or cats''; and
            (4) in subsection (g) (as so redesignated)--
                    (A) in the first sentence--
                            (i) by inserting ``importer,'' before 
                        ``dealer,''; and
                            (ii) by inserting ``, transporter,'' after 
                        ``intermediate handler''; and
                    (B) in the second sentence--
                            (i) by inserting ``, the transporters,'' 
                        after ``the 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 promulgate 
final regulations to implement the amendments made by this Act, 
including with respect to--
            (1) the verification on arrival in the United States of 
        each dog being imported for transfer into the United States 
        from a foreign country that the dog meets all applicable 
        importation requirements; and
            (2) the denial of entry into the United States of any dog 
        that fails to meet those 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 promulgated under section 
18 of the Animal Welfare Act (7 U.S.C. 2148) (as in effect on the day 
before the date of enactment of this Act), but only to the extent that 
those regulations are not in conflict with section 10404A of the Animal 
Health Protection Act.
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