S10934 CONGRESSIONAL RECORD — SENATE October 24, 2000 Whereas, although never trained in art or SECTION 1. PROMOTION OF ADOPTION OF MILI- SMALL WATERSHED sculpture, Korczak Ziolkowski began a suc- TARY WORKING DOGS. REHABILITATION ACT OF 1999 cessful studio career in New England as a (a) ADOPTION OF MILITARY WORKING DOGS.— commissioned sculptor at age 24; Chapter 153 of title 10, Code, is Whereas Korczak Ziolkowski’s marble amended by adding at the end the following HARKIN AMENDMENT NO. 4339 sculpture of composer and Polish leader new section: Ignace Jan Paderewski won first prize at the Mr. SMITH of New Hampshire (for Mr. HAR- 1939 World’s Fair and prompted ‘‘§ 2582. Military working dogs: transfer and KIN) proposed an amendment to the bill (S. Lakota Indian Chiefs to invite Ziolkowski to adoption at end of useful working life 1762) to amend the Watershed Protection carve a memorial for Native Americans; and Flood Prevention Act to authorize the Whereas in his invitation letter to Korczak ‘‘(a) AVAILABILITY FOR ADOPTION.—The Sec- Secretary of Agriculture to provide cost Ziolkowski, Chief Henry Standing Bear retary of Defense may make a military share assistance for the rehabilitation of wrote: ‘‘My fellow chiefs and I would like the working dog of the Department of Defense structural measures constructed as part of white man to know that the red man has available for adoption by a person or entity water resources projects previously funded great heroes, too.’’; referred to in subsection (c) at the end of the by the Secretary under such Act or related Whereas in 1939, Korczak Ziolkowski as- dog’s useful working life or when the dog is laws; as follows: sisted in carving Mount otherwise excess to the needs of the Depart- On page 2, line 5, strike ‘‘1999’’ and insert Rushmore; ment, unless the dog has been determined to ‘‘2000’’. Whereas in 1941, Korczak Ziolkowski met be unsuitable for adoption under subsection On page 8, lines 6 and 7, strike ‘‘no benefit- with Chief Henry Standing Bear who taught (b). cost’’ and all that follows through ‘‘be re- Korczak more about the life of the brave quired’’ and insert ‘‘a benefit-cost ratio Sioux leader ; ‘‘(b) SUITABILITY FOR ADOPTION.—The deci- greater than 1 shall not be required’’. Whereas at the age of 34, Korczak sion whether a particular military working On page 8, line 20, after the period, insert Ziolkowski temporarily put his sculpting ca- dog is suitable or unsuitable for adoption the following: ‘‘In establishing a system of reer aside when he volunteered for service in under this section shall be made by the com- approving rehabilitation requests, the Sec- World War II, later landing on Omaha Beach; mander of the last unit to which the dog is retary shall give requests made by eligible Whereas after the war, Korczak Ziolkowski assigned before being declared excess. The local organizations for decommissioning as turned down other sculpting opportunities in unit commander shall consider the rec- the form of rehabilitation the same priority order to accept the invitation of Chief Henry ommendations of the unit’s veterinarian in as requests made by eligible local organiza- Standing Bear and dedicate the rest of his tions for other forms of rehabilitation.’’. life to carving the in making the decision regarding a dog’s adopt- ability. On page 8, strike lines 21 through 25 and in- the of South Dakota; sert the following: Whereas on June 3, 1948, when work was ‘‘(c) AUTHORIZED RECIPIENTS.—Military ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— begun on the Crazy Horse Memorial, Korczak working dogs may be adopted under this sec- There are authorized to be appropriated to Ziolkowski vowed that the memorial would tion by law enforcement agencies, former the Secretary to provide financial and tech- be a nonprofit educational and cultural handlers of these dogs, and other persons ca- nical assistance under this section— project, financed solely through private, pable of humanely caring for these dogs. ‘‘(1) $10,000,000 for fiscal year 2001; nongovernmental sources, to honor the Na- ‘‘(2) $10,000,000 for fiscal year 2002; ‘‘(d) CONSIDERATION.—The transfer of a tive Americans of North America; ‘‘(3) $15,000,000 for fiscal year 2003; Whereas the Crazy Horse Memorial is a military working dog under this section may ‘‘(4) $25,000,000 for fiscal year 2004; and mountain carving-in-progress, and once com- be without charge to the recipient. ‘‘(5) $35,000,000 for fiscal year 2005. pleted it will be the largest sculpture in the ‘‘(e) LIMITATIONS ON LIABILITY FOR TRANS- On page 9, line 3, strike ‘‘2000 and 2001’’ and world; insert ‘‘2001 and 2002’’. Whereas since his death on October 20, FERRED DOGS.—(1) Notwithstanding any 1982, Korczak’s wife Ruth, the Ziolkowski other provision of law, the United States f shall not be subject to any suit, claim, de- family, and the Crazy Horse Memorial Foun- APPOINTMENT dation have continued to work on the Memo- mand or action, liability, judgment, cost, or rial and to continue the dream of Korczak other fee arising out of any claim for per- The PRESIDING OFFICER. The Ziolkowski and Chief Henry Standing Bear; sonal injury or property damage (including Chair, on behalf of the Vice President, and death, illness, or loss of or damage to prop- in accordance with 22 U.S.C. 1928a– Whereas on June 3, 1998, the Memorial en- erty or other economic loss) that results 1928d, as amended, appoints the Sen- tered its second half century of progress and from, or is in any manner predicated upon, ator from Rhode Island (Mr. L. CHAFEE) heralded a new era of work on the mountain the act or omission of a former military as a member of the Senate Delegation with the completion and dedication of the working dog transferred under this section, face of Crazy Horse: Now, therefore, be it to the NATO Parliamentary Assembly including any training provided to the dog during the Second Session of the 106th while a military working dog. AMENDMENT NO. 4337 Congress, to be held in Berlin, Ger- Amend the title so as to read: ‘‘Resolution ‘‘(2) Notwithstanding any other provision many, November 17–22, 2000. expressing the sense of the Senate that a of law, the United States shall not be liable f commemorative postage stamp should be for any veterinary expense associated with a issued to honor sculptor Korczak Ziolkowski military working dog transferred under this UNITED STATES MINT NUMIS- and the Crazy Horse Memorial.’’. section for a condition of the military work- MATIC COIN CLARIFICATION ACT ing dog before transfer under this section, OF 2000 whether or not such condition is known at MILITARY WORKING DOGS Mr. SMITH of New Hampshire. I ask the time of transfer under this section. EUTHANIZATION TERMINATION unanimous consent that the Banking LEGISLATION ‘‘(f) ANNUAL REPORT.—The Secretary shall Committee be discharged from further submit to Congress an annual report speci- consideration of H.R. 5273, and the Sen- fying the number of military working dogs ate then proceed to its immediate con- adopted under this section during the pre- sideration. ROBB AMENDMENT NO. 4338 ceding year, the number of these dogs cur- The PRESIDING OFFICER. Without Mr. SMITH of New Hampshire (for rently awaiting adoption, and the number of objection, it is so ordered. The clerk Mr. ROBB) proposed an amendment to these dogs euthanized during the preceding will report the bill by title. the bill (H.R. 5314) to require the imme- year. With respect to each euthanized mili- The assistant legislative clerk read diate termination of the Department of tary working dog, the report shall contain as follows: Defense practice of euthanizing mili- an explanation of the reasons why the dog A bill (H.R. 5273) to clarify the intention of tary working dogs at the end of their was euthanized rather than retained for the Congress with regard to the authority of useful working life and to facilitate the adoption under this section.’’. the United States Mint to produce numis- adoption of retired military working (b) CLERICAL AMENDMENT.—The table of matic coins, and for other purposes. dogs by law enforcement agencies, sections at the beginning of such chapter is There being no objection, the Senate former handlers of these dogs, and amended by adding at the end the following proceeded to consider the bill. other persons capable of caring for new item: Mr. SMITH of New Hampshire. I ask these dogs; as follows: ‘‘2582. Military working dogs: transfer and unanimous consent that the bill be Strike all after the enacting clause and in- adoption at end of useful work- read the third time and passed, the mo- sert the following: ing life.’’. tion to reconsider be laid upon the

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