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 sub-
section (b).
‘‘(b) SUITABILITY FOR ADOPTION.—The decision whether a par-
ticular 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 adopt-
ability.
‘‘(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 expla-
nation 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 begin-
ning 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.