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







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.

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

SECTION 1. IMPROVED TREATMENT OF MILITARY WORKING DOGS.

    (a) Revision of Euthanization Policy.--As soon as possible after 
the date of the enactment of this Act, the Secretary of Defense shall 
revise the Department of Defense policy regarding of the euthanization 
of military working dogs--
            (1) to terminate the practice of euthanizing military 
        working dogs at the end of their useful working life; and
            (2) to limit the euthanization of military working dogs to 
        those situations in which euthanization is medically necessary 
        or necessary for public safety, as determined pursuant to 
        guidelines issued by the Secretary of Defense.
    (b) Promotion of Adoption of Military Working Dogs.--(1) 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) Adoption Requirement.--Notwithstanding any other provision of 
law, 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) Hold Harmless Agreement.--The Secretary shall require the 
recipient of a military working dog under this section to agree to hold 
harmless and indemnify the United States from any claim for damages for 
injury or other loss caused by the dog after the transfer of the dog to 
the recipient's possession.
    ``(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.''.
    (2) 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.''.
                                 <all>