Sec. 342. MILITARY ANIMALS: TRANSFER AND ADOPTION

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## SEC. 342 MILITARY ANIMALS: TRANSFER AND ADOPTION ###

(a)Availability for Adoption Section 2583(a) of title 10, United States Code, is amended by striking “may” in the matter preceding paragraph

(1)and inserting “shall”. ###

(b)Authorized Recipients Subsection

(c)of section 2583 of title 10, United States Code, is amended to read as follows: > > ### “(c) Authorized Recipients > > > ####

(1)> > A military animal shall be made available for adoption under this section, in order of recommended priority— > > > ##### “(A) > > by former handlers of the animal; > > > ##### “(B) > > by other persons capable of humanely caring for the animal; and > > > ##### “(C) > > by law enforcement agencies. > > > #### “(2) > > 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 shall 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.” > . ###

(c)Transfer for Adoption Subsection

(f)of section 2583 of title 10, United States Code, is amended in the matter preceding paragraph

(1)by striking “may transfer” and inserting “shall transfer”. ###

(d)Location of Retirement Subsection

(f)of such section is further amended— ####

(1)by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively; ####

(2)by inserting “(1)” before “If the Secretary”; ####

(3)in paragraph (1), as designated by paragraph

(2)of this subsection— #####

(A)by striking “, and no suitable adoption is available at the military facility where the dog is located,”; and #####

(B)in subparagraph (B), as designated by paragraph

(1)of this subsection, by inserting “within the United States” after “to another location”; and ####

(4)by adding at the end the following new paragraph (2): > > #### “(2) > > Paragraph

(1)shall not apply if at the time of retirement— > > > ##### “(A) > > the dog is located outside the United States and a United States citizen or service member living abroad adopts the dog; or > > > ##### “(B) > > the dog is located within the United States and suitable adoption is available where the dog is located.” > . ###

(e)Preference in Adoption for Former Handlers Such section is further amended— ####

(1)by redesignating subsection

(g)as subsection (h); and ####

(2)by inserting after subsection

(f)the following new subsection (g): > > ### “(g) Preference in Adoption of Retired Military Working Dogs for Former Handlers > > > ####

(1)> > In providing for the adoption under this section of a retired military working dog described in paragraph

(1)or

(3)of subsection (a), the Secretary of the military department concerned shall accord a preference to the former handler of the dog unless the Secretary determines that adoption of the dog by the former handler would not be in the best interests of the dog. > > > #### “(2) > > In the case of a dog covered by paragraph

(1)with more than one former handler seeking adoption of the dog at the time of adoption, the Secretary shall provide for the adoption of the dog by such former handler whose adoption of the dog will best serve the interests of the dog and such former handlers. The Secretary shall make any determination required by this paragraph with respect to a dog following consultation with the kennel master of the unit at which the dog was last located before adoption under this section. > > > #### “(3) > > Nothing in this subsection shall be construed as altering, revising, or overriding any policy of a military department for the adoption of military working dogs by law enforcement agencies before the end of the dogs’ useful lives.” > .