Section 1 Short title
This Act may be cited as the “Helping Employees Navigate Rabies Regulations from over Yonder” or the “HENRY Act”.
Helping Employees Navigate Rabies Regulations from over Yonder
A BILL
To allow Federal personnel stationed abroad to return to the United States with dogs, and for other purposes.
Sec. 2 Exemption for Federal personnel entering the United States with dogs
In general— The Director of the Centers for Disease Control and Prevention shall ensure that the requirements of the Centers relating to the importation of dogs are not overly burdensome with respect to—
an officer or employee of the United States Government (including a member of the uniformed services) stationed or assigned, including for temporary duty, outside of the United States or its territories or possessions; or
any dependent of such an officer or employee.
Limitation on temporary suspension—
In general— The temporary suspension on the importation of dogs announced in the notice titled “Temporary Suspension of Dogs Entering the United States From High-Risk Rabies Countries” published by the Centers for Disease Control and Prevention on June 16, 2021 (86 Fed. Reg. 32041 et seq.) (and any successor or substantially similar restriction of the Centers), shall not apply with respect to the importation of up to three dogs per entry into the United States by persons described in paragraph (1) or (2) of subsection (a).
Waiver— At the request of a person described in paragraph (1) or (2) of subsection (a), the Director of the Centers for Disease Control and Prevention may waive the limitation of three dogs specified in paragraph (1) so as to allow the importation by such person of up to a number of dogs per entry specified in such waiver.
Applicability To travel in personal capacity— This section shall apply with respect to an officer, employee, or dependent regardless of whether the officer, employee, or dependent is traveling in an official or personal capacity.
Interim regulations— Section 71.51 of title 42, Code of Federal Regulations (as in effect on the day before June 16, 2021) (other than section 71.51(e)) is deemed to apply with respect to the importation of dogs by persons described in paragraph (1) or (2) of subsection (a), until and unless the Director of the Centers for Disease Control and Prevention establishes different requirements consistent with subsection (a).
Conforming changes— Not later than 30 days after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall revise the temporary suspension on the importation of dogs announced in the notice titled “Temporary Suspension of Dogs Entering the United States From High-Risk Rabies Countries” published by the Centers on June 16, 2021 (86 Fed. Reg. 32041 et seq.), and take such other steps as may be necessary, to implement this subsection.
Applicability— Irrespective of the date by which the Director of the Centers for Disease Control and Prevention makes the revisions and takes the steps required by subsection (d), this section applies to the importation of dogs beginning on the date of enactment of this Act.
Sec. 3 Fly America Act exception
Section 40118 of title 49, United States Code, is amended by adding at the end the following:
“(h) Certain transportation of domestic animals
“(1) In general—Notwithstanding subsections (a) and (c), an appropriation to any department, agency, or instrumentality of the United States Government may be used to pay for the transportation of an officer, employee, or member of the uniformed services of any such department, agency, or instrumentality, a dependent of the officer, employee, or member, and in-cabin or accompanying checked baggage, by a foreign air carrier when—
“(A)
“(i) the transportation is from a place outside the United States to a place in the United States;
“(ii) the transportation is from a place in the United States to a place outside the United States; or
“(iii) the transportation is from a place outside the United States to another place outside the United States; and
“(B) no air carrier holding a certificate under section 41102 is willing and able to transport up to three domestic animals accompanying such officer, employee, member, or dependent.
“(2) Limitation—An amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the officer, employee, or member may pay the difference of such amount.
“(3) Definition—In this subsection, the term domestic animal means a dog or a cat.”
Sec. 4 Authorizations relating to veterinary care overseas
Department of State— The Secretary of State, in consultation with the Director of the Centers for Disease Control and Prevention, is authorized, in order to facilitate the importation to the United States, in accordance with section 2 and the amendment made by section 3, of domestic animals by officers and employees of the United States Government, and their dependents, under the authority of any Chief of Mission from a country classified by the Centers for Disease Control and Prevention as high risk for dog rabies—
to enter into contracts with individuals who are licensed in the United States for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations and including pursuant to section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to provide veterinary care overseas for domestic animals of such officers, employees, and dependents, except that—
such individuals may not be deemed officers or employees of the United States for the purpose of any law administered by the Office of Personnel Management; and
such individuals shall be expected to be available to travel to any overseas post as necessary to provide veterinary care and shall not be hired for or detailed exclusively to any specific overseas post; and
to take such steps as may be necessary to provide medical services or related support with respect to the domestic animals of such officers, employees, and dependents, including in particular the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture, on a reimbursable basis to the extent feasible, except that such reimbursement may not exceed the amount that would be charged for equivalent veterinarian services if received in the United States.
Use of existing mechanisms— To the maximum extent practicable, the Secretary of State shall use existing mechanisms, including for the purchase, procurement, delivery, and administration of COVID–19 vaccines to officers and employees of the United States Government and their dependents under the authority of any Chief of Mission abroad, to carry out the authorities provided by subsection (a), especially with respect to the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture.
Definition— In this section, the term domestic animal means a dog or a cat.