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[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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