§1116. National explosives detection canine team training program
(a) Definitions
For purposes of this section, the term "explosives detection canine team" means a canine and a canine handler that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined by the Secretary.
(b) In general
(1) Increased capacity
Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall-
(A) begin to increase the number of explosives detection canine teams certified by the Transportation Security Administration for the purposes of transportation-related security by up to 200 canine teams annually by the end of 2010; and
(B) encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of highly trained explosives detection canine teams.
(2) Explosives detection canine teams
The Secretary of Homeland Security shall increase the number of explosives detection canine teams by-
(A) using the Transportation Security Administration's National Explosives Detection Canine Team Training Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and increasing staffing and oversight commensurate with the increased training and deployment capabilities;
(B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private sector to increase the training capacity for canine detection teams;
(C) procuring explosives detection canines trained by nonprofit organizations, universities, or the private sector provided they are trained in a manner consistent with the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary; or
(D) a combination of subparagraphs (A), (B), and (C), as appropriate.
(c) Standards for explosives detection canine teams
(1) In general
Based on the feasibility in meeting the ongoing demand for quality explosives detection canine teams, the Secretary shall establish criteria, including canine training curricula, performance standards, and other requirements approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained by nonprofit organizations, universities, and private sector entities are adequately trained and maintained.
(2) Expansion
In developing and implementing such curriculum, performance standards, and other requirements, the Secretary shall-
(A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate;
(B) require that explosives detection canine teams trained by nonprofit organizations, universities, or private sector entities that are used or made available by the Secretary be trained consistent with specific training criteria developed by the Secretary; and
(C) review the status of the private sector programs on at least an annual basis to ensure compliance with training curricula, performance standards, and other requirements.
(d) Deployment
The Secretary shall-
(1) use the additional explosives detection canine teams as part of the Department's efforts to strengthen security across the Nation's transportation network, and may use the canine teams on a more limited basis to support other homeland security missions, as determined appropriate by the Secretary;
(2) make available explosives detection canine teams to all modes of transportation, for high-risk areas or to address specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary;
(3) encourage, but not require, any transportation facility or system to deploy TSA-certified explosives detection canine teams developed under this section; and
(4) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation's transportation network, including in venues of multiple modes of transportation, as appropriate.
(e) Canine procurement
The Secretary, acting through the Administrator of the Transportation Security Administration, shall work to ensure that explosives detection canine teams are procured as efficiently as possible and at the best price, while maintaining the needed level of quality, including, if appropriate, through increased domestic breeding.
(f) Study
Not later than 1 year after August 3, 2007, the Comptroller General shall report to the appropriate congressional committees on the utilization of explosives detection canine teams to strengthen security and the capacity of the national explosive detection canine team program.
(g) Authorization
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for fiscal years 2007 through 2011.
(h) Third party canine teams for air cargo security
(1) In general
In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after October 5, 2018-
(A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo;
(B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A);
(C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;
(D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and
(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.
(2) Implementation
Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall-
(A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;
(B) make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and
(C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.
(3) Definitions
In this subsection:
(A) Air carrier
The term "air carrier" has the meaning given the term in section 40102 of title 49.
(B) Foreign air carrier
The term "foreign air carrier" has the meaning given the term in section 40102 of title 49.
(C) Third party explosives detection canine asset
The term "third party explosives detection canine asset" means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.
(
Editorial Notes
Amendments
2018-Subsec. (h).
Statutory Notes and Related Subsidiaries
Public Area Security
"SEC. 1926. DEFINITIONS.
"In this subtitle [subtitle C (§§1926–1936) of title I of div. K of
"(1)
"(2)
"(3)
"SEC. 1927. EXPLOSIVES DETECTION CANINE CAPACITY BUILDING.
"(a)
"(b)
"(1) The TSA [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)
"(1) One Chairperson shall be from an entity specified in paragraph (1) or (2) of that subsection.
"(2) One Chairperson shall be from an entity specified in paragraph (3), (4), or (5) of that subsection.
"(d)
"(1) proposed behavioral standards, medical standards, and technical standards for domestic canine breeding and canine training described in that subsection; and
"(2) recommendations on how the TSA can engage stakeholders to further the development of such domestic non-Federal canine breeding capacity and training.
"(e)
"(f)
"(g)
"(h)
"SEC. 1928. THIRD PARTY DOMESTIC CANINES.
"(a)
"(b)
"(1)
"(2)
"(A) the working group established under section 1927;
"(B) the officials responsible for carrying out section 1941 [amending this section]; and
"(C) such transportation stakeholders, canine providers, law enforcement, privacy groups, and transportation security providers as the Administrator considers relevant.
"(c)
"(d)
"(1) the other transaction authority under section 114(m) of title 49, United States Code; or
"(2) such other authority of the Administrator as the Administrator considers appropriate to expedite the deployment of additional canine teams.
"(e)
"(1) evaluate and verify the third party's ability to effectively evaluate the capabilities of canines;
"(2) designate key elements required for appropriate evaluation venues where third parties may conduct testing; and
"(3) periodically assess the program at evaluation centers to ensure the proficiency of the canines beyond the initial testing and certification by the third party.
"(f)
"(1) The Secretary of State.
"(2) The Secretary of Defense.
"(3) Non-profit organizations that train, certify, and provide the services of canines for various purposes.
"(4) Institutions of higher education with research programs related to use of canines for the screening of individuals and property, including detection of explosive vapors among individuals and articles of property.
"(g)
"(1)
"(2)
"(h)
"(i)
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(I) determines that such deployment is necessary to meet operational or security needs; and
"(II) notifies the applicable large hub airport described in clause (i).
"(iii)
"(C)
"(D)
"(j)
"(1)
"(2)
"SEC. 1929. TRACKING AND MONITORING OF CANINE TRAINING AND TESTING.
"Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall use, to the extent practicable, a digital monitoring system for all training, testing, and validation or certification of public and private canine assets utilized or funded by the TSA [Transportation Security Administration] to facilitate improved review, data analysis, and record keeping of canine testing performance and program administration."
Expansion of National Explosives Detection Canine Team Program
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1) use the additional explosives detection canine teams, as described in subsection (b)(1), as part of the Department's efforts to strengthen security across the Nation's surface and maritime transportation networks;
"(2) make available explosives detection canine teams to all modes of transportation, subject to the requirements under section 1968 [amending section 1112 of this title and enacting provisions set out as a note under section 114 of Title 49], to address specific vulnerabilities or risks, on an as-needed basis and as otherwise determined appropriate by the Secretary; and
"(3) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation's surface and maritime transportation networks, including in venues of multiple modes of transportation, as the Secretary considers appropriate.
"(d)
[For definition of "explosives detection canine teams" as used in section 1971 of