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H.R. 5314 (106th): 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.


The text of the bill below is as of Sep 27, 2000 (Introduced).


HR 5314 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.’.