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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5314 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

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:
``Sec. 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 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.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 5314

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                               AMENDMENT
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