I

106TH CONGRESS

2D SESSION H. R. 5314

To require the immediate termination of the Department of Defense practice

of euthanizing military working dogs at the end of their useful working

life and 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.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 2000

Mr. BARTLETT of Maryland introduced the following bill; which was referred

to the Committee on Armed Services

A BILL

To require the immediate termination of the Department

of Defense practice of euthanizing military working dogs

at the end of their useful working life and 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. IMPROVED TREATMENT OF MILITARY WORK4 ING DOGS.

5 (a) REVISION OF EUTHANIZATION POLICY.—As soon

6 as possible after the date of the enactment of this Act,
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1 the Secretary of Defense shall revise the Department of

2 Defense policy regarding of the euthanization of military

3 working dogs—

4 (1) to terminate the practice of euthanizing

5 military working dogs at the end of their useful

6 working life; and

7 (2) to limit the euthanization of military work8 ing dogs to those situations in which euthanization

9 is medically necessary or necessary for public safety,

10 as determined pursuant to guidelines issued by the

11 Secretary of Defense.

12 (b) PROMOTION OF ADOPTION OF MILITARY WORK13 ING DOGS.—(1) Chapter 153 of title 10, United States

14 Code, is amended by adding at the end the following new

15 section:

16 ‘‘§ 2582. Military working dogs: transfer and adoption

17 at end of useful working life

18 ‘‘(a) ADOPTION REQUIREMENT.—Notwithstanding

19 any other provision of law, the Secretary of Defense shall

20 make a military working dog of the Department of De21 fense available for adoption by a person or entity referred

22 to in subsection (c) at the end of the dog’s useful working

23 life or when the dog is otherwise excess to the needs of

24 the Department, unless the dog has been determined to

25 be unsuitable for adoption under subsection (b).
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1 ‘‘(b) SUITABILITY FOR ADOPTION.—The decision

2 whether a particular military working dog is suitable or

3 unsuitable for adoption under this section shall be made

4 by the commander of the last unit to which the dog is

5 assigned before being declared excess. The unit com6 mander shall consider the recommendations of the unit’s

7 veterinarian in making the decision regarding a dog’s

8 adoptability.

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

10 dogs may be adopted under this section by law enforce11 ment agencies, former handlers of these dogs, and other

12 persons capable of humanely caring for these dogs.

13 ‘‘(d) CONSIDERATION.—The Secretary may authorize

14 the transfer a military working dog under this section

15 without charge to the recipient.

16 ‘‘(e) HOLD HARMLESS AGREEMENT.—The Secretary

17 shall require the recipient of a military working dog under

18 this section to agree to hold harmless and indemnify the

19 United States from any claim for damages for injury or

20 other loss caused by the dog after the transfer of the dog

21 to the recipient’s possession.

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

23 to Congress an annual report specifying the number of

24 military working dogs adopted under this section during

25 the preceding year, the number of these dogs currently
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1 awaiting adoption, and the number of these dogs

2 euthanized during the preceding year. With respect to

3 each euthanized military working dog, the report shall

4 contain an explanation of the reasons why the dog was

5 euthanized rather than retained for adoption under this

6 section.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by adding at the end the following

9 new item:

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

life.’’.

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