[Congressional Record Volume 146, Number 125 (Tuesday, October 10, 2000)]
[House]
[Pages H9599-H9601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PROMOTION OF ADOPTION OF MILITARY WORKING DOGS

  Mr. BARTLETT of Maryland. Mr. Speaker, I move to suspend the rules 
and pass the bill (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, as amended.
  The Clerk read as follows:

                               H.R. 5314

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Bartlett) and the gentleman from Hawaii (Mr. Abercrombie) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Bartlett).


                             General Leave

  Mr. BARTLETT of Maryland. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on H.R. 5314, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. BARTLETT of Maryland. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, a few weeks ago, an article was brought to my attention 
regarding the plight of one of our finest soldiers, the military 
working dog. The article delineated the Department of Defense policy 
regarding the fate of these valiant dogs after completion of service to 
their country.
  I learned that military working dogs remain in their assigned unit 
until they are 8 to 10 years old. Unfortunately, as the situation 
currently stands, there is no easy solution for these loyal dogs after 
their body is no longer able to sustain the workload of their mission.
  At this point, the future becomes bleak. In a best-case scenario, the 
dogs are sent back to Lackland Air Force base, their original training 
school, where they are used to instruct their human counterparts to 
become handlers after they have served this final duty, they are 
kenneled for an undetermined amount of time, and then put down.
  In some instances, military working dogs are caged as long as a year 
until they meet their final outcome. Equally as sad, if no kennel space 
is available, the less fortunate are terminated directly upon arrival 
to Lackland.
  After learning about the bleak future of military working dogs, not 
only did

[[Page H9600]]

I become concerned for their final treatment, but I was also troubled 
by the fact that they were robbed of a quiet retirement. Why? Simply 
because the DOD policy prohibits the adoption of retired military dogs 
even by their handlers.
  My colleagues may be familiar with the plight of Robby, a 
professional military working dog. As an 11-year-old Belgian Malinois, 
he is no longer deployable. Suffering from missing teeth and arthritis, 
his ability to work at full capacity has been hindered.
  Common sense would say that Robby could now retreat to a quiet 
existence. On the contrary, Robby is to report to Lackland Air Force 
Base for one final deployment. Sadly, he will be caged and eventually 
euthanized.
  Last week I had the opportunity to meet Robby. I was able to pet 
Robby through the cage when I initially arrived. As a 3-time Pentagon 
champion, his body is showing the wear of a full military career. It 
was obvious to me that Robby is a dog who has faithfully served his 
country; however, now his physical body is failing to the point that he 
is hardly able to perform minimal responsibility necessary for 
completing his mission.
  It was also obvious to me that Robby has a special bond with his 
handler. Understandably so, as the two spent several years working side 
by side. The level of trust maintained between the two while in the 
line of duty is still present today.
  Robby's handler would like to spare his life through an adoption by 
either himself or another handler; however, the DOD would not allow it. 
In light of seeing Robby and his handler together, I feel that DOD's 
prohibition on handler adoption is pointlessly tragic.
  I feel, despite the dog's deteriorating health, he could still have 
the opportunity to experience the comforts and joys of normal 
companionship. Disallowing a handler the option to adopt their canine 
partner runs contrary to normal logic. Why should military working dogs 
be kept from a calm existence upon retirement when the only other 
alternative is more work before a final death?
  Upon further research, I learned that the 1949 Federal Property and 
Administrative Services Act enacted after World War II reclassified 
military working dogs as equipment. According to the military 
mentality, any piece of equipment no longer operable becomes a hardship 
to the unit and must be disposed of.
  In 1997, the Federal Property and Administrative Services Act was 
amended. At that time the act was altered to permit Federal dog 
handlers, such as those in the Drug Enforcement Administration, to 
adopt their aging canine partners. Oddly enough, the Department of 
Defense canine partners were the only Federal canine group not to be 
included in the modification.
  Again, I ask the question, why? Are these worthy canines any less 
deserving than people of living out the remainder of their days than 
other Federal working dogs? Clearly not.
  The bill I bring before the House today, H.R. 5314, makes the 
adoption of a retired military working dog a reality for the handler. I 
have labored hard to ensure that the language was constructed at the 
best vantage point for all parties involved. The decision to allow a 
handler to adopt their partner rests on the shoulders of those who know 
the dog best, the dog's last unit commander and the last unit 
veterinarian.
  Made on a dog-by-dog basis, the commander and veterinarian are 
obligated to give their consent before the adoption process can move 
forward. Furthermore, H.R. 5314 provides an additional safeguard at the 
Federal level. Upon receipt of the dog, the adopt handler waives all 
liability against the Federal Government.
  H.R. 5314 will effectively accomplish two goals. It offers the DOD a 
solution to their dilemma of maintaining aging canines and lifts the 
restriction that prohibits the adoption of military working dogs. 
Former dog handlers, individuals with comparable experience, or law 
enforcement agencies will be able to provide a loving home for such 
deserving animals.
  Through the passage of this legislation, not only will the military 
working dog be taken from caged status, but also the dog will be given 
the opportunity for a positive home environment. I know my colleagues 
will agree that after a lifetime of service, there could be no better 
reward for both dog and handler.
  In closing, H.R. 5314 has been endorsed by the Humane Society of the 
United States, the American Veterinary Medical Association, the Society 
for Animal Protective Legislation, the Doris Day Animal Rights League, 
and the American Society of the Prevention of Cruelty to Animals. 
Please join me in passing this positive measure which is a win-win 
solution for dog handler and the Department of Defense.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I can hardly add to the compelling case that the 
gentleman from Maryland (Mr. Bartlett) has made.
  Mr. Speaker, I would like to say that, as was mentioned by the 
gentleman from Washington (Mr. Metcalf), I wanted to make a statement 
that it does not surprise me that this legislation would be put forward 
by the gentleman from Maryland (Mr. Bartlett).
  If there is anyone in the Congress who carries through on his 
convictions, if there is anyone who is looking out for those who cannot 
speak for themselves, in this instance most assuredly so, it is the 
gentleman from Maryland (Mr. Bartlett); and I am quite proud to be able 
to be here this evening and to be able to support his legislation.
  I had no idea and I doubt if any other Member in the body had any 
idea that this was, in fact, the case, that working dogs in the 
military would be put down when they were no longer thought to be 
useful. And I must say in conclusion, that it just seemed perfectly 
natural to me when the gentleman from Maryland (Mr. Bartlett) came up 
and asked for my support that he would be leading the charge on this 
particular piece of legislation.
  It is a pleasure to be working with him and to have the opportunity 
to join with him in supporting this bill.
  Mr. Speaker, I rise in support of H.R. 5314, introduced by my friend 
and Armed Services Committee colleague, Mr. Roscoe Bartlett. The bill 
before the House today would terminate the Department of Defense policy 
of putting down aging military working dogs and provide for their 
adoption
  Currently, there is no policy to allow these elderly dogs to be 
retired and transferred to an individual or private entity that could 
provide appropriate care for these aging dogs.
  H.R. 5314 would address this unfortunate situation and allow elderly 
military working dogs to be adopted by law enforcement agencies, former 
handlers, and other persons capable of humanely caring for these fine 
animals. The bill also includes a provision that limits the Federal 
Government's liability in cases where a former military working dog is 
transferred.
  H.R. 5314 allows the commander of the individual dog's unit to decide 
whether a particular military working dog is suitable for adoption. 
This will afford military working dogs the same treatment given to 
those dogs who serve on our community police forces, and allow military 
working dogs to retire and enjoy the last few years of their life.
  Mr. Speaker, I urge my colleagues to support this measure.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BARTLETT of Maryland. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I thank the gentleman from Hawaii (Mr. Abercrombie) for 
his very kind remarks. I thank him very much for the comments.
  Mr. Speaker, now I would like to thank Mr. Philip Grone of our 
Committee on Armed Services for his considerable help. We had to spend 
a number of hours working out the details of this language to make sure 
that it was satisfactory to DOD in assuring them that they had no 
liability as a result of adopting these dogs out.
  This legislation would not have been possible without the 
considerable help of Mr. Philip Grone, and I am very appreciative of 
that help.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Ryan of Wisconsin). The question is on 
the motion offered by the gentleman from Maryland (Mr. Bartlett) that 
the House suspend the rules and pass the bill, H.R. 5314, as amended.

[[Page H9601]]

  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill 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.''
  A motion to reconsider was laid on the table.

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