[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5314 Engrossed in House (EH)]


  2d Session

                               H. R. 5314

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 5314

_______________________________________________________________________

                                 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:
``Sec. 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 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 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, demand or action, liability, judgment, 
cost, or other fee arising out of any claim for personal injury or 
property damage 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.''.
    (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:

                                                                 Clerk.