In the Senate of the United States,

October 24 (legislative day, September 22), 2000.

Resolved, That the bill from the House of Representatives (H.R. 5314) entitled ‘‘An Act to amend title 10, United

States Code, to facilitate the adoption of retired military

working dogs by law enforcement agencies, former handlers

of these dogs, and other persons capable of caring for these

dogs.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. PROMOTION OF ADOPTION OF MILITARY WORK2 ING DOGS.

3 (a) ADOPTION OF MILITARY WORKING DOGS.—Chap4 ter 153 of title 10, United States Code, is amended by add5 ing at the end the following new section:

6 ‘‘§ 2582. Military working dogs: transfer and adoption

7 at end of useful working life

8 ‘‘(a) AVAILABILITY FOR ADOPTION.—The Secretary of

9 Defense may make a military working dog of the Depart-
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1 ment of Defense available for adoption by a person or entity

2 referred to in subsection (c) at the end of the dog’s useful

3 working life or when the dog is otherwise excess to the needs

4 of the Department, unless the dog has been determined to

5 be unsuitable for adoption under subsection (b).

6 ‘‘(b) SUITABILITY FOR ADOPTION.—The decision

7 whether a particular military working dog is suitable or

8 unsuitable for adoption under this section shall be made

9 by the commander of the last unit to which the dog is as10 signed before being declared excess. The unit commander

11 shall consider the recommendations of the unit’s veteri12 narian in making the decision regarding a dog’s adopt13 ability.

14 ‘‘(c) AUTHORIZED RECIPIENTS.—Military working

15 dogs may be adopted under this section by law enforcement

16 agencies, former handlers of these dogs, and other persons

17 capable of humanely caring for these dogs.

18 ‘‘(d) CONSIDERATION.—The transfer of a military

19 working dog under this section may be without charge to

20 the recipient.

21 ‘‘(e) LIMITATIONS ON LIABILITY FOR TRANSFERRED

22 DOGS.—(1) Notwithstanding any other provision of law,

23 the United States shall not be subject to any suit, claim,

24 demand or action, liability, judgment, cost, or other fee

25 arising out of any claim for personal injury or property
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1 damage (including death, illness, or loss of or damage to

2 property or other economic loss) that results from, or is in

3 any manner predicated upon, the act or omission of a

4 former military working dog transferred under this section,

5 including any training provided to the dog while a military

6 working dog.

7 ‘‘(2) Notwithstanding any other provision of law, the

8 United States shall not be liable for any veterinary expense

9 associated with a military working dog transferred under

10 this section for a condition of the military working dog be11 fore transfer under this section, whether or not such condi12 tion is known at the time of transfer under this section.

13 ‘‘(f) ANNUAL REPORT.—The Secretary shall submit to

14 Congress an annual report specifying the number of mili15 tary working dogs adopted under this section during the

16 preceding year, the number of these dogs currently awaiting

17 adoption, and the number of these dogs euthanized during

18 the preceding year. With respect to each euthanized mili19 tary working dog, the report shall contain an explanation

20 of the reasons why the dog was euthanized rather than re21 tained for adoption under this section.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of such chapter is amended by adding at the

24 end the following new item:
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‘‘2582. Military working dogs: transfer and adoption at end of useful working

life.’’.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 5314

AMENDMENT