79–006 

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 

2 

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 

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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 

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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. 

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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. 

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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. 

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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’’. 

8 

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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