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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.
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