II
106TH CONGRESS
2D SESSION
H. R. 5314
IN THE SENATE OF THE UNITED STATES
OCTOBER 11 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To amend title 10, United States Code, to facilitate the
adoption of retired military working dogs by law enforce-
ment agencies, former handlers of these dogs, and other
persons capable of caring for these dogs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 shall make a military working dog of the De-
partment 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 ex-
cess 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 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 com-
mander 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 enforce-
HR 5314 RDS
ment agencies, former handlers of these dogs, and other
persons capable of humanely caring for these dogs.
‘‘(d) CONSIDERATION.—The Secretary may authorize
the transfer a military working dog under this section
without charge to the recipient.
‘‘(e) LIMITATIONS ON LIABILITY FOR TRANSFERRED
DOGS.—Notwithstanding any other provision of law, the
United States shall not be subject to any suit, claim, de-
mand or action, liability, judgment, cost, or other fee aris-
ing out of any claim for personal injury or property dam-
age 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.
‘‘(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.’’.
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(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.’’.
Passed the House of Representatives October 10,
2000.
Attest:
JEFF TRANDAHL,
Clerk.