10-U.S.C.-2583
§2583 – Military Animals: Transfer and Adoption
Pathway
Title 10 > Subtitle A > Part IV > Chapter 153 > Section 2583
Details
- Reference: Section 2583
- Legend: §2583 – Military Animals: Transfer and Adoption
- USCode Year: 2013
Provision Content
(a) Availability for Adoption.—The Secretary of the military department concerned may make a military animal of such military department available for adoption by a person or entity referred to in subsection (c), unless the animal has been determined to be unsuitable for adoption under subsection (b), under circumstances as follows:
(1) At the end of the animals useful life.
(2) Before the end of the animals useful life, if such Secretary, in such Secretarys discretion, determines that unusual or extraordinary circumstances, including circumstances under which the handler of a military working dog is killed in action, dies of wounds received in action, or is medically retired as a result of injuries received in action, justify making the animal available for adoption before that time.
(3) When the animal is otherwise excess to the needs of such military department.
(b) Suitability for Adoption.—The decision whether a particular military animal is suitable or unsuitable for adoption under this section shall be made by the commander of the last unit to which the animal is assigned before being declared excess. The unit commander shall consider the recommendations of the units veterinarian in making the decision regarding the adoptability of the animal.
(c) Authorized Recipients.—Military animals may be adopted under this section by law enforcement agencies, former handlers of these animals, and other persons capable of humanely caring for these animals. If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under circumstances under which the handler of a military working dog is wounded in action, the dog may be made available for adoption only by the handler. If the Secretary of the military department concerned determines that such an adoption is justified under circumstances under which the handler of a military working dog is killed in action or dies of wounds received in action, the military working dog shall be made available for adoption only by a parent, child, spouse, or sibling of the deceased handler.
(d) Consideration.—The transfer of a military animal under this section may be without charge to the recipient.
(e) Limitations on Liability for Transferred Animals.—(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 animal transferred under this section, including any training provided to the animal while a military animal.
(2) Notwithstanding any other provision of law, the United States shall not be liable for any veterinary expense associated with a military animal transferred under this section for a condition of the military animal before transfer under this section, whether or not such condition is known at the time of transfer under this section.
(f) Transfer of Retired Military Working Dogs.—If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog—
(1) to the 341st Training Squadron; or
(2) to another location for adoption under this section.
(g) Military Animal Defined.—In this section, the term military animal means the following:
(1) A military working dog.
(2) A horse owned by the Department of Defense.
(Added Pub. L. 106–446, §1(a), Nov. 6, 2000, 114 Stat. 1932, §2582; renumbered §2583, Pub. L. 107–107, div. A, title X, §1048(a)(25), Dec. 28, 2001, 115 Stat. 1224; amended Pub. L. 109–163, div. A, title V, §599, Jan. 6, 2006, 119 Stat. 3284; Pub. L. 109–364, div. A, title III, §352(a), Oct. 17, 2006, 120 Stat. 2160; Pub. L. 110–181, div. A, title X, §1063(a)(13), Jan. 28, 2008, 122 Stat. 322; Pub. L. 112–81, div. A, title III, §351, title X, §1061(20), Dec. 31, 2011, 125 Stat. 1375, 1584; Pub. L. 112–239, div. A, title III, §371(a), Jan. 2, 2013, 126 Stat. 1706; Pub. L. 113–66, div. A, title X, §1091(b)(2), Dec. 26, 2013, 127 Stat. 876.)
Amendments
2013—Subsecs. (f), (g). Pub. L. 112–239, §371(a), as amended by Pub. L. 113–66, §1091(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).
2011—Subsec. (a)(2). Pub. L. 112–81, §351(1), inserted , including circumstances under which the handler of a military working dog is killed in action, dies of wounds received in action, or is medically retired as a result of injuries received in action, after extraordinary circumstances.
Subsec. (c). Pub. L. 112–81, §351(2), inserted at end If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under circumstances under which the handler of a military working dog is wounded in action, the dog may be made available for adoption only by the handler. If the Secretary of the military department concerned determines that such an adoption is justified under circumstances under which the handler of a military working dog is killed in action or dies of wounds received in action, the military working dog shall be made available for adoption only by a parent, child, spouse, or sibling of the deceased handler..
Subsecs. (f), (g). Pub. L. 112–81, §1061(20), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: The Secretary of Defense shall submit to Congress an annual report specifying the number of military animals adopted under this section during the preceding year, the number of these animals currently awaiting adoption, and the number of these animals euthanized during the preceding year. With respect to each euthanized military animal, the report shall contain an explanation of the reasons why the animal was euthanized rather than retained for adoption under this section.
2008—Subsec. (e). Pub. L. 110–181 substituted Animals for Dogs in heading.
2006—Pub. L. 109–364, §352(a)(1), substituted animals for working dogs in section catchline.
Pub. L. 109–163, §599(d), struck out at end of useful working life after adoption in section catchline.
Subsec. (a). Pub. L. 109–364, §352(a)(2)–(4), substituted animals for dogs in pars. (1) and (2) and animal for dog wherever appearing, and struck out working after may make a military in introductory provisions and after useful in pars. (1) and (2).
Pub. L. 109–163, §599(a), (b), substituted Secretary of the military department concerned may for Secretary of Defense may, such military department for the Department of Defense, and , unless the dog has been determined to be unsuitable for adoption under subsection (b), under circumstances as follows: and pars. (1) to (3) for at the end of the dogs 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).
Subsec. (b). Pub. L. 109–364, §352(a)(2), (3), (5), substituted the adoptability of the animal for a dogs adoptability and animal for dog in two places and struck out working after military.
Subsec. (c). Pub. L. 109–364, §352(a)(2), (3), substituted animals for dogs wherever appearing and struck out working after Military.
Subsec. (d). Pub. L. 109–364, §352(a)(2), (3), substituted animal for dog and struck out working after military.
2006—Subsec. (e). Pub. L. 109–364, §352(a)(3), substituted animal for dog wherever appearing in text.
Pub. L. 109–364, §352(a)(2), struck out working after military wherever appearing.
Subsec. (f). Pub. L. 109–364, §352(a)(2), (3), substituted animal for dog in two places and animals for dogs wherever appearing and struck out working after military in two places.
Pub. L. 109–163, §599(c), inserted of Defense after Secretary.
Subsec. (g). Pub. L. 109–364, §352(a)(6), added subsec. (g).
2001—Pub. L. 107–107 renumbered section 2582 of this title as this section.
Effective Date of 2013 Amendment
Pub. L. 113–66, div. A, title X, §1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(2) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-2573 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-2573, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-2581 in the Legal Encyclopedia: Supply to Military
In this entry about 10-U.S.C.-2581, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.
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