[House Report 115-488]
[From the U.S. Government Publishing Office]



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115th Congress      }                               {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session         }                               {         115-488
======================================================================



 
   DOMESTIC EXPLOSIVES DETECTION CANINE CAPACITY BUILDING ACT OF 2017

                                _______
                                

January 9, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4577]

      [Including cost estimate of the Congressional Budget Office]

    The Committee Homeland Security, to whom was referred the 
bill (H.R. 4577) to establish a working group to determine ways 
to develop a domestic canine breeding network to produce high 
quality explosives detection canines, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Domestic Explosives Detection Canine 
Capacity Building Act of 2017''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Behavioral standards.--The term ``behavioral standards'' 
        means standards for the evaluation of explosives detection 
        working canines for certain factors, including canine 
        temperament, work drive, suitability for training, 
        environmental factors used in evaluations, and canine 
        familiarity with natural or man-made surfaces or working 
        conditions relevant to the canine's expected work area.
          (2) Medical standards.--The term ``medical standards'' means 
        standards for the evaluation of explosives detection working 
        canines for certain factors, including canine health, 
        management of heredity health conditions, breeding practices, 
        genetics, pedigree, and long-term health tracking.
          (3) Technical standards.--The term ``technical standards'' 
        means standards for the evaluation of explosives detection 
        working canines for certain factors, including canine search 
        techniques, handler-canine communication, detection testing 
        conditions and logistics, and learned explosive odor libraries.

SEC. 3. DOMESTIC CAPACITY DEVELOPMENT.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Administrator of the Transportation Security 
Administration, shall establish a working group to determine ways to 
develop a decentralized domestic canine breeding network to produce 
high quality explosives detection canines and modernize canine training 
standards.
  (b) Working Group Composition.--The working group established under 
subsection (a) shall be comprised of representatives from the 
following:
          (1) The Transportation Security Administration.
          (2) The Science and Technology Directorate of the Department 
        of Homeland Security.
          (3) National domestic canine associations with expertise in 
        breeding and pedigree.
          (4) Universities with expertise related to explosives 
        detection canines and canine breeding.
          (5) Domestic canine breeders and vendors.
  (c) Chairpersons.--The Administrator for the Transportation Security 
Administration shall approve of two individuals from among the 
representatives of the working group specified in subsection (b) to 
serve as the Chairpersons of the working group. One such Chairperson 
shall be from the entities specified in paragraphs (1) and (2) of such 
subsection, and the other such Chairperson shall be from the entities 
specified in paragraphs (3), (4), and (5) of such subsection.
  (d) Preliminary Standards and Recommendations.--Not later than 180 
days after the establishment of the working group under subsection (a), 
such working group shall submit to the Administrator of the 
Transportation Security Administration preliminary behavioral 
standards, medical standards, and technical standards for the domestic 
canine breeding network and canine training described in such 
subsection, including recommendations on how the Transportation 
Security Administration can engage stakeholders to further the 
development of such network and training.
  (e) Strategy.--Not later than 180 days after submission of 
recommendations to the Administrator of the Transportation Security 
Administration under subsection (c), the Administrator shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
strategy for expanding the domestic canine breeding network described 
in subsection (a), based on such recommendations.
  (f) Consultation.--In developing the strategy required under 
subsection (e), the Administrator of the Transportation Security 
Administration shall consult with the Under Secretary for Science and 
Technology of the Department of Homeland Security, the Commissioner for 
U.S. Customs and Border Protection, the Director of the United States 
Secret Service, and the heads of other Department of Homeland Security 
components determined appropriate by the Administrator to incorporate, 
to the extent practicable, mission needs across the Department for an 
expanded domestic explosives detection canine breeding network that can 
be leveraged to help meet the Department's operational needs.
  (g) Sunset.--The working group established under subsection (a) shall 
terminate on the date that is two years after the submission of the 
strategy required under subsection (e).

SEC. 4. ACQUIRING BASELINE CAPACITY.

  (a) In General.--Not later than 270 days after the submission of 
recommendations to the Administrator of the Transportation Security 
Administration under section 3, the Administrator shall issue baseline 
behavioral standards, medical standards, and technical standards for 
explosives detection canines.
  (b) Standards.--The baseline behavioral standards, medical standards, 
and technical standards referred to in subsection (a) shall be 
incorporated, as appropriate, into all statements of work for the 
Transportation Security Administration explosives detection canine 
contracts and reflect the detection capabilities required to 
effectively mitigate terrorist threats. Such standards may be revised 
by the Administrator of the Transportation Security Administration, as 
necessary.

SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

  The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the working group established under this Act.

                          Purpose and Summary

    This legislation directs the Administrator of the 
Transportation Security Administration (Administrator) to 
create a working group on behavioral, medical, and technical 
standards for explosives detection working dog breeding and 
training. The working group will consist of the Transportation 
Security Administration (TSA), the Office of Science and 
Technology (S&T) within the Department of Homeland Security 
(DHS), leading industry associations, academics with first-hand 
working dog knowledge, and private canine breeders and vendors. 
The working group's standards will be presented to the 
Administrator to inform further development of the breeding 
network and for use in future TSA canine procurements.

                  Background and Need for Legislation

    Canines serve a variety of roles in the Federal 
Government's national security infrastructure, including 
detecting concealed humans, narcotics, currency, firearms, 
electronics, chemicals associated with weapons of mass 
destruction, and prohibited agricultural products, and in 
search and rescue missions. Explosives detection canines are a 
critical part of the TSA's multi-layered security strategy. 
Canines are more mobile, flexible, and accurate than mechanical 
explosives detection devices currently employed by TSA.
    Currently, the TSA procures the majority of its canines 
from European vendors in conjunction with the Department of 
Defense. The global rise in attacks on soft targets has 
drastically increased canine demand and prices. Given that the 
supply of canines is dwindling worldwide, the United States is 
especially vulnerable because it relies primarily on brokers 
who source dogs from Eastern Europe. American canine breeders 
produce exceptional working dog lines, but TSA's arcane 
procurement rules and training requirements create barriers to 
entry for American breeders and vendors. In October 2017, the 
Subcommittee on Transportation and Protective Security 
conducted a joint Subcommittee hearing to gather information 
from canine industry representatives and veterinary 
researchers. The Subcommittee heard testimony substantiating 
prior oversight concerns regarding TSA's poor record of 
engaging domestic canine breeders and vendors. The difficulties 
associated with procuring highly qualified dogs capable of 
explosive detection suggest that the development of a 
decentralized domestic canine breeding network modernized 
canine training standards are long overdue.

                                Hearings


114th Congress

    On October 8, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``Reform and Improvement: 
Assessing the Path Forward for the Transportation Security 
Administration.'' The Subcommittee received testimony from The 
Honorable John Roth, Inspector General, Office of Inspector 
General, U.S. Department of Homeland Security; and The 
Honorable Peter Neffenger, Administrator, Transportation 
Security Administration, U.S. Department of Homeland Security.
    On October 26, 2015, the Subcommittee on Transportation 
Security held a field hearing in Syracuse, New York, entitled 
``Examining Critical Security Measures, Communications, and 
Response at our Nation's Airports.'' The Subcommittee received 
testimony from Mr. Jeremy Martelle, President, New York 
Aviation Management Association; and Ms. Marisa Maola, Regional 
Director, Region One, Transportation Security Administration, 
U.S. Department of Homeland Security.
    On March 2, 2016, the Subcommittee on Transportation 
Security held a hearing entitled ``The Transportation Security 
Administration's FY2017 Budget Request.'' The Subcommittee 
received testimony from Hon. Peter V. Neffenger, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.

115th Congress

    On June 7, 2017, the Committee held a hearing entitled 
``Department of Homeland Security Reauthorization and the 
President's FY 2018 Budget Request.'' The Committee received 
testimony from Hon. John F. Kelly, Secretary, U.S. Department 
of Homeland Security.
    On October 3, 2017, the Subcommittee on Intergovernmental 
Affairs of the Committee on Oversight and Government Reform and 
the Subcommittee on Transportation and Protective Security held 
a joint hearing entitled ``Innovations in Security: Examining 
the Use of Canines.'' The Subcommittees received testimony from 
Mr. Scott Smith, Lieutenant, Orlando Police Department, 
Orlando, Florida; Ms. Cynthia M. Otto, Director, Penn Vet 
Working Dog Center, School of Veterinary Medicine, University 
of Pennsylvania; Ms. Sheila Goffe, Vice President of Government 
Relations, American Kennel Club.
    On November 8, 2017, Full Committee held a hearing entitled 
``Preventing the Next Attack: TSA's Role in Keeping Our 
Transportation Systems Secure.'' The Committee received 
testimony from Hon. David P. Pekoske, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On November 28, 2017, the Subcommittee on Transportation 
and Protective Security held a field hearing in Trenton, New 
Jersey, entitled ``Securing Public Areas of Transportation 
Systems: Stakeholder Perspectives.'' The Subcommittee received 
testimony from Mr. Charles Cunningham, Director, Homeland 
Security and Emergency Management, Delaware River Port 
Authority (DRPA) Public Safety / PATCO; Mr. Thomas J. Nestel, 
III, Chief, Transit Police, Southeastern Pennsylvania 
Transportation Authority (SEPTA); Mr. Douglas Lemanowicz, 
Lieutenant, Special Operations Section, New Jersey State 
Police, State of New Jersey; and Mr. Christopher Trucillo, 
Chief, Transit Police, New Jersey Transit.

                        Committee Consideration

    The Committee met on December 13, 2017, to consider H.R. 
4577, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendment was offered:

 An amendment offered by Mrs. Watson Coleman (#1); was AGREED 
TO by voice vote.
     In section 3, redesignate subsections (c) and (d) as subsections 
(d) and (e), respectively.
     In section 3, insert after subsection (b) a new subsection 
entitled "(c) Chairpersons.''
     In section 3, add at the end a new subsections entitled ``(f) 
Consultation.'' and ``(g) Sunset.''
     In section 4(a), insert ``, medical standards, and technical 
standards'' after ``behavioral standards''.
     In section 4(b), in the first sentence, strike ``issued pursuant 
to subsection (a), and the preliminary medical standards and technical 
standards issued pursuant to section 3,'' and insert ``, medical 
standards, and technical standards'' after ``behavioral standards''.
     In section 4(b), in the first sentence, insert ``, as 
appropriate,'' after ``incorporated''.
     In section 4(b), in the first sentence, strike ``explosive'' and 
insert ``explosives''.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4577.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4577, the Domestic Explosives Detection Canine Capacity 
Building Act of 2017, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, January 8, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4577, the Domestic 
Explosives Detection Canine Capacity Building Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4577--Domestic Explosives Detection Canine Capacity Building Act 
        of 2017

    H.R. 4577 would direct the Transportation Security 
Administration (TSA) to establish a working group to recommend 
behavioral, medical, and technical standards for dogs that are 
used to detect explosives as well as strategies for developing 
a domestic system for breeding such animals. Using information 
from TSA, CBO estimates that meeting the bill's requirements 
would increase the agency's costs by less than $500,000 in 
2018; such spending would be subject to appropriation.
    Enacting H.R. 4577 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4577 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 4577 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 4577 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation directs the Administrator to utilize the 
range of expertise represented in the working group to create 
an informed, comprehensive strategy for expanding the domestic 
canine breeding network.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4577 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4577 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4577 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Domestic Explosives Detection Canine Capacity Building Act of 
2017''.

Sec. 2.   Definitions.

    This section defines the terms used in this act includin: 
``behavioral standards''; ``medical standards''; and 
``technical standards''.

Sec. 3.   Domestic Capacity Development.

    This section requires the Administrator of the 
Transportation Security Administration (Administrator) to 
establish a working group to develop a decentralized domestic 
canine breeding network to produce high quality explosives 
detection canines and modernize canine training standards. The 
working group will include representatives from the 
Transportation Security Administration (TSA), the Science and 
Technology Directorate of the Department of Homeland Security 
(DHS), national domestic canine associations with expertise in 
breeding and pedigree, universities with expertise related to 
explosives detection canines and canine breeding, and domestic 
canine breeders and vendors.
    Not later than 180 days after establishment, the working 
group shall submit to the Administrator its findings on 
preliminary behavioral standards, medical standards, and 
technical standards for the domestic canine breeding network 
and canine training. Additionally, the working group will make 
recommendations on engagements between the TSA and stakeholders 
to further the development of the network and training 
standards.
    The Administrator shall submit a strategy for expanding the 
domestic canine breeding network based on the recommendations 
of the working group to the Committee on Homeland Security of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. Additionally, the 
Administrator shall consult with the DHS Under Secretary for 
Science and Technology, the Commissioner for U.S. Customs and 
Border Protection, the Director of the United States Secret 
Service, and the heads of other relevant DHS components to 
incorporate mission needs across the Department for an expanded 
domestic explosives detection canine breeding network that can 
be leveraged to help meet the Department's operational needs. 
The working group shall terminate 2 years after the submission 
of this report.

Sec. 4.   Acquiring Baseline Capacity.

    This section requires the Administrator to issue baseline 
behavioral, medical, and technical standards for explosives 
detection canines based on the recommendations of the working 
group. The baseline standards shall be incorporated into all 
relevant Statements of Eork for TSA explosives detection canine 
contracts.

Sec. 5.   Nonapplication of Federal Advisory Committee Act.

    This section exempts the working group from the Federal 
Advisory Committee Act (5 U.S.C. App.).

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4577 makes no changes to existing law.

                                  [all]