H. R. 5314

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. PROMOTION OF ADOPTION OF MILITARY WORKING DOGS.

(a) ADOPTION OF MILITARY WORKING DOGS.—Chapter 153 of

title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 2582. Military working dogs: transfer and adoption at end

of useful working life

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

may make a military working dog of the Department of Defense

available for adoption by a person or entity referred to in subsection

(c) at the end of the dog’s useful working life or when the dog

is otherwise excess to the needs of the Department, unless the

dog has been determined to be unsuitable for adoption under subsection (b).

‘‘(b) SUITABILITY FOR ADOPTION.—The decision whether a particular military working dog is suitable or unsuitable for adoption

under this section shall be made by the commander of the last

unit to which the dog is assigned before being declared excess.

The unit commander shall consider the recommendations of the

unit’s veterinarian in making the decision regarding a dog’s adoptability.

‘‘(c) AUTHORIZED RECIPIENTS.—Military working dogs may be

adopted under this section by law enforcement agencies, former

handlers of these dogs, and other persons capable of humanely

caring for these dogs.

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

under this section may be without charge to the recipient.

‘‘(e) LIMITATIONS ON LIABILITY FOR TRANSFERRED DOGS.—(1)

Notwithstanding any other provision of law, the United States

shall not be subject to any suit, claim, demand or action, liability,

judgment, cost, or other fee arising out of any claim for personal

injury or property damage (including death, illness, or loss of or

damage to property or other economic loss) that results from, or

is in any manner predicated upon, the act or omission of a former

military working dog transferred under this section, including any

training provided to the dog while a military working dog.

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

States shall not be liable for any veterinary expense associated
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with a military working dog transferred under this section for

a condition of the military working dog before transfer under this

section, whether or not such condition is known at the time of

transfer under this section.

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

an annual report specifying the number of military working dogs

adopted under this section during the preceding year, the number

of these dogs currently awaiting adoption, and the number of these

dogs euthanized during the preceding year. With respect to each

euthanized military working dog, the report shall contain an explanation of the reasons why the dog was euthanized rather than

retained for adoption under this section.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2582. Military working dogs: transfer and adoption at end of useful working life.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.