[Congressional Record Volume 146, Number 136 (Thursday, October 26, 2000)]
[House]
[Pages H11302-H11303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2000
             PROMOTION OF ADOPTION OF MILITARY WORKING DOGS

  Mr. BARTLETT of Maryland. Mr. Speaker, I move to suspend the rules 
and concur in the Senate amendment to the bill (H.R. 5314) 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.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. PROMOTION OF ADOPTION OF MILITARY WORKING DOGS.

       (a) Adoption of Military Working Dogs.--Chapter 153 of 
     title 10, United States Code, is

[[Page H11303]]

     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.''.

  The SPEAKER pro tempore (Mr. LaHood). 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.
  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, H.R. 5314 is a noncontroversial bill that helps 
facilitate the adoption of military working dogs at the end of their 
careers. This bill passed the House of Representatives on October 10, 
2000, by a voice vote.
  When the bill went to the Senate, Senator Robb offered three 
amendments which are technical in nature and merely tighten the 
language in the bill which prevents Federal liability. These technical 
amendments were done at the request of the Department of Defense, and I 
concur with them.
  Concurring with these amendments today will move this bill to the 
White House for signature. I urge my colleagues to support the Senate 
amendments.
  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 rise in support of H.R. 5314 as passed by the Senate. 
The bill before the House today promotes the adoption of military 
working dogs at the end of their useful working life as the gentleman 
from Maryland (Mr. Bartlett) indicated or if the dog is otherwise 
excess to the needs of the Department.
  Currently, the Department of Defense does not have a policy to allow 
these elderly dogs to be retired and transferred to an individual or a 
private entity that could provide appropriate care for the 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 
honorable military 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 provides military working dogs the same rights as dogs that 
serve in our community police forces.
  Mr. Speaker, I want to thank the gentleman from Maryland (Mr. 
Bartlett) for his leadership in this issue. When first examined, Mr. 
Speaker, it seems to be something which might not necessarily be 
superfluous but something which, on the surface, is something that 
people do not even have any idea that the situation was occurring.
  I think people just assume quite naturally that, after a useful 
working life, that animals would be taken care of in a fashion other 
than having their lives ended. The gentleman from Maryland (Mr. 
Bartlett) took the lead on this, and I want to thank him for it.
  I think people all across the country, and I can tell my colleagues, 
Mr. Speaker, for sure, once folks in my district found out that I was 
working with the gentleman from Maryland (Mr. Bartlett) on this, let me 
know in no uncertain terms that they wanted this bill to pass. If for 
no other reason, Mr. Speaker, if I could address the gentleman from 
Maryland (Mr. Bartlett) directly, I want to tell him he is a new hero 
to my wife; and he most certainly can count on my support as a result 
for his concern for these loyal working military animals.
  So with that, Mr. Speaker, I urge most vehemently my colleagues to 
support this measure and congratulate the gentleman from Maryland (Mr. 
Bartlett), not only for his leadership on the issue, but for exhibiting 
yet once again his concern for all elements of military issues coming 
before our committee. It is an honor to serve with him.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BARTLETT of Maryland. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I want to thank the gentleman from Hawaii (Mr. 
Abercrombie) for his support, and I want to thank his wife for 
reinforcing that support. It is really a pleasure to work with the 
gentleman from Hawaii (Mr. Abercrombie). He has been nothing but 
helpful.
  Mr. ABERCROMBIE. Mr. Speaker, I yield back the balance of my time.
  Mr. BARTLETT of Maryland. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Bartlett) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 5314.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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