What This Bill Does
This bill changes the rules for bringing live dogs into the United States from foreign countries. It requires dogs to meet specific health and vaccination standards before import and creates a permit system for certain dog transfers. The bill also updates how animal transporters are defined and tracked.
Who It Affects
People who import dogs into the United States, dog dealers, dog rescues and adoption organizations, veterinarians who inspect dogs, animal transporters, the U.S. Department of Agriculture, and the Department of Health and Human Services.
Key Provisions
* Dogs imported into the United States must be in good health and have all required vaccinations and parasite treatments, plus negative test results from a licensed veterinarian (Sec. 2, subsection b, paragraph 1).
* Dogs imported for the purpose of transfer (meaning sale, adoption, exchange or donation) must be at least 6 months old and have an import permit issued by the Secretary of Agriculture (Sec. 2, subsection b, paragraph 2).
* The Secretary of Agriculture must create regulations requiring verification that imported dogs meet all health requirements when they arrive in the United States (Sec. 4, subsection a).
* Dog transporters who receive compensation for moving dogs must now be tracked, and anyone providing veterinary inspection certificates must submit copies to a centralized, publicly available database (Sec. 3, subsection b).
* Exceptions to import requirements exist for dogs imported for research, veterinary treatment, or lawful import to Hawaii if under 6 months old (Sec. 2, subsection b, paragraph 3).
What Changes
If this becomes law, anyone importing a dog for transfer must obtain a permit and meet strict health requirements. All imported dogs will be checked for compliance upon arrival. Dog transporters receiving payment for their services must now be officially defined and regulated. A central database will track veterinary inspection certificates for dogs and cats being transported. The old regulations under section 18 of the Animal Welfare Act will be repealed.
Important Definitions
* Importer: Any person who transports or causes a dog to be transported into the United States from a foreign country (Sec. 2, subsection a, paragraph 1).
* Transfer: A change of ownership or control of an imported dog to another person, including by sale, adoption, exchange or donation (Sec. 2, subsection a, paragraph 2).
* Transporter: Any person or government agency, other than a carrier or intermediate handler, who receives an animal and gets paid for moving it (Sec. 3, subsection a, paragraph 6).
* Compensation: Any payment, benefit, service, positive publicity or value a person receives, including cash or noncash benefits (Sec. 3, subsection a, paragraph 4).
Effective Date
Not specified in bill text. However, the Secretary of Agriculture must issue final regulations within 18 months after this bill becomes law.
I
118TH CONGRESS
1ST SESSION H. R. 1184
To amend the Animal Health Protection Act with respect to the importation
of live dogs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 2023
Mr. JOHNSON of South Dakota (for himself, Ms. KUSTER, Mr. CRAWFORD,
Mr. GARAMENDI, Mr. ROUZER, Mr. PANETTA, Mr. WITTMAN, and Ms.
MCCOLLUM) introduced the following bill; which was referred to the Com-
mittee 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Healthy Dog Importa-
4
tion Act’’.
5
SEC. 2. IMPORTATION OF LIVE DOGS.
6
(a) IN GENERAL.—The Animal Health Protection
7
Act (7 U.S.C. 8301 et seq.) is amended by inserting after
8
section 10404 (7 U.S.C. 8303) the following:
9
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‘‘SEC. 10404A. IMPORTATION OF LIVE DOGS.
1
‘‘(a) DEFINITIONS.—In this section:
2
‘‘(1) IMPORTER.—The term ‘importer’ means
3
any person who transports or causes the transpor-
4
tation of a dog into the United States from a foreign
5
country.
6
‘‘(2) TRANSFER.—The term ‘transfer’ means a
7
change of ownership or control of an imported dog
8
to another person, including by sale, adoption, ex-
9
change, or donation.
10
‘‘(b) REQUIREMENTS.—
11
‘‘(1) IN GENERAL.—Except as provided in para-
12
graph (3), no person shall import a dog into the
13
United States unless, as determined by the Sec-
14
retary, the dog—
15
‘‘(A) is in good health;
16
‘‘(B) has received all necessary vaccina-
17
tions, internal and external parasite treatment,
18
and demonstrated negative test results, as re-
19
quired by the Secretary and evidenced by a cer-
20
tificate that—
21
‘‘(i) is issued by a licensed veteri-
22
narian accredited by a competent veteri-
23
nary authority recognized by the Secretary;
24
and
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•HR 1184 IH
‘‘(ii) is endorsed by that authority in
1
a manner representing that the veteri-
2
narian issuing the certificate was author-
3
ized to do so; and
4
‘‘(C) is officially identified by a permanent
5
method approved by the Secretary.
6
‘‘(2) TRANSFER.—Except as provided in para-
7
graph (3), no person shall import or cause the trans-
8
portation of a dog into the United States from a for-
9
eign country for the purpose of transfer unless, as
10
determined by the Secretary, the dog—
11
‘‘(A) meets the criteria described in para-
12
graph (1);
13
‘‘(B) is at least 6 months old; and
14
‘‘(C) is accompanied by an import permit
15
issued by the Secretary under this Act.
16
‘‘(3) EXCEPTIONS.—The Secretary, by regula-
17
tion, shall provide an exception to any requirement
18
under this Act in any case in which a dog is im-
19
ported for purposes of transfer for—
20
‘‘(A) research purposes;
21
‘‘(B) veterinary treatment, paid for by the
22
importer, subject to the condition that the
23
dog—
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‘‘(i) is taken directly to a veterinary
1
facility for treatment with appropriate
2
quarantine until the dog meets the criteria
3
described in paragraph (1); and
4
‘‘(ii) is then exported to its country of
5
origin; or
6
‘‘(C) in the case of a dog that is less than
7
6 months old, lawful importation into the State
8
of Hawaii in compliance with the regulations of
9
the State of Hawaii and the other requirements
10
of this section, if the dog is not transported out
11
of the State of Hawaii for transfer at less than
12
6 months of age.
13
‘‘(c) IMPLEMENTATION
AND REGULATIONS.—The
14
Secretary, the Secretary of Health and Human Services,
15
the Secretary of Commerce, and the Secretary of Home-
16
land Security, shall—
17
‘‘(1) promulgate such regulations as the Secre-
18
taries determine to be necessary to implement and
19
enforce this section;
20
‘‘(2)(A) facilitate electronic submission of all re-
21
quired documentation; and
22
‘‘(B) make the information in the documenta-
23
tion submitted under subparagraph (A) available to
24
the Secretary, the Secretary of Health and Human
25
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•HR 1184 IH
Services, the Secretary of Commerce, and the Sec-
1
retary of Homeland Security prior to arrival, as ap-
2
plicable, for verification that all applicable importa-
3
tion requirements are met; and
4
‘‘(3) determine and establish such fees for the
5
issuance of permits with respect to dog importation
6
as are necessary to fund the implementation and en-
7
forcement of this section.
8
‘‘(d) RULE
OF CONSTRUCTION.—Nothing in sub-
9
section (c)(3) limits the availability of funding made avail-
10
able under section 10417 to carry out this section.
11
‘‘(e) ENFORCEMENT.—
12
‘‘(1) AUTHORITY.—The Secretary shall have
13
the authority granted under section 10414 to en-
14
force this section.
15
‘‘(2) PENALTIES.—An importer that fails to
16
comply with this section shall—
17
‘‘(A) be subject to penalties under section
18
10414; and
19
‘‘(B) if the importer is a dealer, provide, as
20
the Secretary may determine, at the expense of
21
the importer, for—
22
‘‘(i) the care (including appropriate
23
veterinary care), forfeiture, quarantine,
24
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•HR 1184 IH
and removal from the United States of
1
each applicable dog; and
2
‘‘(ii) the return of each applicable dog
3
to its place of export, with due care for the
4
welfare of each applicable dog.’’.
5
(b) CONFORMING AMENDMENT.—Section 18 of the
6
Animal Welfare Act (7 U.S.C. 2148) is repealed.
7
SEC. 3. TRANSPORTATION.
8
(a) DEFINITION OF TRANSPORTER.—Section 2 of the
9
Animal Welfare Act (7 U.S.C. 2132) is amended—
10
(1) in subsection (c)—
11
(A) in paragraph (2), by striking ‘‘para-
12
graph (1)’’ and inserting ‘‘subparagraph (A)’’;
13
and
14
(B) by redesignating paragraphs (1) and
15
(2) as subparagraphs (A) and (B), respectively,
16
and indenting appropriately;
17
(2) in each of subsections (a) through (o), by
18
inserting a subsection heading, the text of which is
19
comprised of the term defined in the subsection;
20
(3) by redesignating subsections (a) through (o)
21
as paragraphs (12), (15), (3), (17), (14), (6), (1),
22
(7), (11), (2), (8), (9), (13), (4), (10), respectively,
23
and indenting appropriately;
24
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•HR 1184 IH
(4) by inserting after paragraph (4) (as so des-
1
ignated) the following:
2
‘‘(5) COMPENSATION.—The term ‘compensa-
3
tion’ means any act, consideration, or thing of value
4
received by a person directly, including cash or
5
noncash benefits, cost-avoidance, obtaining positive
6
or avoiding negative publicity, an exchange of serv-
7
ices, or maintaining a license issued under any local,
8
State, or Federal government authority.’’;
9
(5) by inserting after paragraph (15) (as so
10
designated) the following:
11
‘‘(16) SELL; RESELL.—The term ‘sell’ or ‘re-
12
sell’ means to transfer ownership or control of an
13
animal, including by sale, adoption, exchange, or do-
14
nation.’’; and
15
(6) by adding at the end the following:
16
‘‘(18) TRANSPORTER.—The term ‘transporter’
17
means any person, department, agency, or instru-
18
mentality of the United States or of any State or
19
local government, other than a carrier or inter-
20
mediate handler, who—
21
‘‘(A) receives an animal from any im-
22
porter, dealer, research facility, exhibitor, oper-
23
ator of an auction sale, or department, agency,
24
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•HR 1184 IH
or instrumentality of the United States or of
1
any State or local government; and
2
‘‘(B) receives compensation for moving
3
that animal in commerce.’’.
4
(b) HUMANE STANDARDS.—Section 13 of the Animal
5
Welfare Act (7 U.S.C. 2143) is amended—
6
(1) in subsection (a)(4)—
7
(A) in the first sentence, by striking ‘‘air
8
carriers,’’ and inserting ‘‘transporters, air car-
9
riers,’’; and
10
(B) by adding at the end the following:
11
‘‘The Secretary shall provide, by regulation,
12
that each transporter, intermediate handler, or
13
carrier receiving a certificate of veterinary in-
14
spection required under this section shall sub-
15
mit a copy of the certificate to the Secretary,
16
who shall record the information in a central-
17
ized, publicly available database and share the
18
information with the appropriate State veteri-
19
narians.’’;
20
(2) by redesignating subsections (g) and (h) as
21
subsections (h) and (i), respectively;
22
(3) in the second subsection (f) (relating to cer-
23
tificates of inspection required for delivery of an ani-
24
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•HR 1184 IH
mal), by striking ‘‘(f) No dogs or cats’’ and inserting
1
the following:
2
‘‘(g) No dogs or cats—’’; and
3
(4) in subsection (g) (as so redesignated)—
4
(A) in the first sentence—
5
(i) by inserting ‘‘importer,’’ before
6
‘‘dealer,’’; and
7
(ii) by inserting ‘‘, transporter,’’ after
8
‘‘intermediate handler’’; and
9
(B) in the second sentence—
10
(i) by inserting ‘‘, the transporters,’’
11
after ‘‘the intermediate handlers’’; and
12
(ii) by striking ‘‘section 10 of this
13
Act’’ and inserting ‘‘subsection (a)(4)’’.
14
SEC. 4. REGULATIONS.
15
(a) IN GENERAL.—Not later than 18 months after
16
the date of enactment of this Act, the Secretary of Agri-
17
culture shall promulgate final regulations to implement
18
the amendments made by this Act, including with respect
19
to—
20
(1) the verification on arrival in the United
21
States of each dog being imported for transfer into
22
the United States from a foreign country that the
23
dog meets all applicable importation requirements;
24
and
25
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•HR 1184 IH
(2) the denial of entry into the United States
1
of any dog that fails to meet those requirements.
2
(b) TRANSITION PERIOD.—Until the date on which
3
final regulations are issued under subsection (a), the im-
4
portation of live dogs shall be regulated in accordance with
5
the regulations promulgated under section 18 of the Ani-
6
mal Welfare Act (7 U.S.C. 2148) (as in effect on the day
7
before the date of enactment of this Act), but only to the
8
extent that those regulations are not in conflict with sec-
9
tion 10404A of the Animal Health Protection Act.
10
Æ
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