§ 1116 — National Explosives Detection Canine Team Training Program

(a) 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. (1) 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) 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. (1) 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) 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) 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) 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) 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) 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. (1) 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) 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) In this subsection: (A) The term “air carrier” has the meaning given the term in section 40102 of title 49. (B) The term “foreign air carrier” has the meaning given the term in section 40102 of title 49. (C) 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.