MWD Resolution, H.R. 5314
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The United States War Dogs Association

 
Resolution  H.R. 5314              

 

 
[DOCID: f:publ446.106]

[[Page 114 STAT. 1932]]

Public Law 106-446
106th Congress

                                 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. <<NOTE: Nov. 6, 2000 -  [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 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

[[Page 114 STAT. 1933]]

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.''.

    Approved November 6, 2000.

LEGISLATIVE HISTORY--H.R. 5314:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 10, considered and passed House.
            Oct. 24, considered and passed Senate, amended.
            Oct. 26, House concurred in Senate amendment.

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