Wayne State University Library Scholarly Publications Wayne State University Libraries 5-2021 Military Working Dogs: Tracking Their Journey from Equipment to K-9 Heroes Virginia Thomas Wayne State University, [email protected] Follow this and additional works at: https://digitalcommons.wayne.edu/libsp Part of the Animal Law Commons, Library and Information Science Commons, and the Military, War, and Peace Commons Recommended Citation Virginia C. Thomas. Military Working Dogs: Tracking Their Journey from Equipment to K9 Heroes. 100 MICH B J 46 (May 2021) This Article is brought to you for free and open access by the Wayne State University Libraries at DigitalCommons@WayneState. It has been accepted for inclusion in Library Scholarly Publications by an authorized administrator of DigitalCommons@WayneState. Michigan Bar Journal May 2021 46 Libraries and Legal Research Military Working Dogs: Tracking Their Journey from Equipment to K-9 Heroes By Virginia C. Thomas ogs have served loyally along­ However, significant legislative provisions tify the precise derivation of enacted legis­ side American troops on active are frequently embedded within larger legis­ lation, especially when several versions of duty for well over a century. lative measures, which makes identifying and the bill exist. After a few failed attempts of D Their roles have been many, tracking bills as they move through the leg­ my own, I must confess that I sought help including ammunition cart pullers, scouts, islative process more difficult. It also makes from special­interest websites focused on mascots, messengers, medical research sub­ drawing connections to subsequent changes the well­being of retired MWDs. These web­ jects, and explosive detectors.1 and pending developments a little tougher. sites offered a range of clues including dates, The story of what happens to military The Expansion and Enhancement of Au­ bill or public law numbers, legislative spon­ working dogs (MWDs) at the conclusion thorities on Transfer and Adoption of Mili­ sors, and specific language useful for formu­ of their service has not been a happy one. tary Animals provision of PL 116­926 is one lating a database or broader internet search. Until recently, these dogs were classified as such legislative measure. The full statute, Above all, the sites help tell the legislation’s military equipment under federal law and which numbers 1,118 pages, is primarily an story and allowed me to understand its di­ treated as such.2 With few exceptions, they appropriation act that funds Department rection and impact. were routinely euthanized after being retired of Defense military activities for the 2020 The following legislative summary may from their military service. In some cases, fiscal year. The final phrase of its enacting assist and inform researchers seeking to they were assigned one final mission before clause is “and for other purposes.” A statute piece together 20 years of legislation or their lives were ended, namely, assisting in of this length normally includes a table of those simply wishing to do a “temperature training new military dog handlers.3 In oth­ contents that outlines each section of the check” on the law governing the disposi­ ers, they remained caged for up to a year legislation. Even with a detailed outline and tion of military service dogs. The summary before they were euthanized.4 As you might use of the “find” command, pinpointing a identifies major legislative changes begin­ imagine, the emotional toll this practice had specific provision of a comprehensive bill ning in 2000 and highlights access points on the dogs’ handlers was immense.5 can be difficult. To illustrate, the provision for tracking pertinent legislative measures Measurable progress toward humane re­ on adoption of military animals, which is on moving forward. tirements or other appropriate dispositions pages 1330­31 of the law, appears within the for MWDs has been made in the past two statutory outline as: A brief history decades. However, researchers seeking to of MWD legislation understand the history of this legislation and Public Law 116-92 track future developments have their work Sec. 2. Organizations of Act into In November 2000, President Bill Clinton cut out for them. Divisions; Table of Contents signed into law PL 106­446, an act that per­ Division A—Department of mitted adoption of retired military work­ Research challenges Defense Authorizations ing dogs by law enforcement agencies, for­ mer handlers, and other persons capable One thing I have learned in my long ca­ Title III—Operation and Maintenance of caring for these animals.8 The measure reer as a law librarian is that legislatively Subtitle F—Other Matters turned the tide for military service dogs, speaking, things are not always what they Sec. 372. Expansion and Enhancement immediately halting the Department of seem to be. In many cases, state and fed­ of Authorities on Transfer and Adoption Defense practice of euthanizing MWDs at eral statutes focus on a specific legislative of Military Animals the end of their useful working lives and issue. Identifying and tracking singular bills authorizing the Secretary of Defense to as­ is a relatively straightforward process. They Given the full­text searchability of gov­ sess retired MWDs and make them avail­ are often assigned popular names that de­ ernment websites like congress.gov and able for transfer or adoption. It also re­ scribe their purpose. Even if precise bill num­ govinfo.gov and comprehensive commer­ quired the Secretary of Defense to report bers are not known, their text usually in­ cial databases7 that offer enhanced search annually on the number of retired military cludes distinctive terminology that can be capabilities, an experienced researcher still service dogs transferred to law enforcement, used as search terms. can be put to the test when trying to iden­ adopted under the statute, or euthanized May 2021 Michigan Bar Journal Libraries and Legal Research 47 while accounting for why dogs were eutha­ Looking ahead ENDNOTES nized rather than adopted. 1. Dogs in Warfare, Wikipedia, <https://en.wikipedia. This groundbreaking statute was amended Legislation that would further advance org/wiki/Dogs_in_warfare> [https://perma.cc/ twice in 2006 during the George W. Bush the well­being of military working dogs and KTB6-P3GJ] (accessed April 20, 2021). administration. First, PL 109­164 extended their handlers is pending in Congress. Rep. 2. Cruse, Military Working Dogs: Classification and John Garamendi, D–Calif., chairman of the Treatment in the US Armed Forces, 21 Animal L 249 the authority to make MWDs available for (2015), available at < https://www.animallaw.info/ adoption to the “Secretary of the military House Armed Services Committee, has re­ sites/default/files/Military%20Working%20Dogs. department concerned.”9 It permitted the introduced a standalone bill, the Support pdf> [https://perma.cc/NYT9-T6TL]. adoption of MWDs under “extraordinary cir­ Our Military Working Dogs Act. The full text 3. Promotion of Adoption of Military Working Dogs, cumstances” before they reached the end of H.R. 1739 is not yet available; Garamendi 146 Cong Rec H11302 (October 26, 2000) (statement of Rep Roscoe Bartlett). of their working lives.10 Later that year, PL explains that the measure aims to ensure 4. Id. 109­364 defined “military animals” within that retired military working dogs receive ongoing veterinary care once they have been 5. Landa, From War Dogs to Service Dogs: The Adoption the scope of 10 USC §2583 to include horses of Military Working Dogs, 24 Animal L 39 (2018). 11 adopted by their former handlers.16 The bill as well as dogs. 6. National Defense Authorization Act for Fiscal Year In 2011, MWD legislation was further would also enable the Department of De­ 2020, Pub L No 116-92 (2019) (Sec 372 codified amended by PL 112­81, which clarified the fense to “conduct research on the treatment at 10 USC 2583). meaning of “extraordinary circumstances” and avoidance of injuries for military work­ 7. See, for example, ProQuest Congressional and for adoption of MWDs that had been added ing dogs.”17 HeinOnline. by PL 109­364. Such circumstances include The path to achieving recognition and 8. Promotion of Adoption of Military Working Dogs, Pub L No 106-446 (2000) (codified at 10 USC 2583). those in which “the handler of a military care for military working dogs and other service animals has been long and incre­ 9. National Defense Authorization Act for FY2006, working dog is killed in action, dies of Pub L No 109-163 (2006). mental. Funding is needed to implement wounds received in action, or is medically 10. Id. legislative measures that call for transporta­ retired as a result of injuries received in 11. John Warner National Defense Authorization Act for action.”12 This amendment enabled the ap­ tion and veterinary care for our K­9 heroes. Fiscal Year 2007, Pub L No 109-364 (2006). propriate military department to make the However, some things are worth the cost. n 12. National Defense Authorization Act for FY 2012, MWD available for adoption to members Pub L No 122-81 (2011). of the handler’s immediate family. Unfor­ 13. Id. tunately, it also eliminated the Secretary Virginia C. Thomas, 14. National Defense Authorization Act for Fiscal Year of Defense’s annual reporting requirement BA, AM, MBA, JD, 2016, Pub L No 114-92 (2015). regarding the disposition of military ser­ CAA, is director of the 15. National Defense Authorization Act for Fiscal Year 2020. vice ani mals, reducing transparency in the Arthur Neef Law Library 16. Support Our Military Working Dogs Act, 167 Cong 13 at Wayne State Univer- decision­making process. Rec E223 (March 10, 2021) (statement of Rep In 2015, PL 114­92 specified an order of sity. Currently, she is a John Garamendi). preference for adoption of retired MWDs.14 member of the SBM Ac- 17.