[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[Senate]
[Pages S10942-S10943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   ADOPTION OF RETIRED MILITARY DOGS

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the Senate proceed to the immediate consideration of H.R. 5314, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 5314) to amend title 10, United States Code, 
     to facilitate the adoption of retired military dogs by law 
     enforcement agencies, former handlers of these dogs, and 
     other persons capable of caring for these dogs.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4338

  Mr. SMITH of New Hampshire. Mr. President, I understand Senator Robb 
has an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Smith], for Mr. Robb, 
     proposes an amendment numbered 4338.

  The amendment is as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 
     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 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 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 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 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.''.

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the amendment be agreed to.

[[Page S10943]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4338) was agreed to.
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the bill, as amended, be read the third time and passed, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 5314), as amended, was read the third time and passed.

                          ____________________