6 U.S.C. § 1115 — TSA personnel limitations

Page 444 TITLE 6—DOMESTIC SECURITY § 1114 1 See References in Text note below. partment, the modal plans required under sec- tion 114(t) 1 of title 49, the Memorandum of Un- derstanding between the Department and the Department of Transportation on Roles and Re- sponsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate. (h) Consultation The Secretary shall periodically consult with the surface transportation entities which are or may be inspected by the surface transportation security inspectors, including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor car- riers, public transportation agencies, owners or operators of highways, and pipeline operators on— (1) the inspectors’ duties, responsibilities, authorities, and mission; and (2) strategies to improve transportation se- curity and to ensure compliance with trans- portation security requirements. (i) Report Not later than September 30, 2008, the Depart- ment of Homeland Security Inspector General shall transmit a report to the appropriate con- gressional committees on the performance and effectiveness of surface transportation security inspectors, whether there is a need for addi- tional inspectors, and other recommendations. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section— (1) $11,400,000 for fiscal year 2007; (2) $17,100,000 for fiscal year 2008; (3) $19,950,000 for fiscal year 2009; (4) $22,800,000 for fiscal year 2010; and (5) $22,800,000 for fiscal year 2011. (Pub. L. 110–53, title XIII, § 1304, Aug. 3, 2007, 121 Stat. 393.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (e)(3) and (g), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Imple- menting Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of this title and Tables. Section 114(t) of title 49, referred to in subsec. (g), was redesignated section 114(s) of title 49 by Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092. § 1114. Surface transportation security tech- nology information sharing (a) In general (1) Information sharing The Secretary, in consultation with the Sec- retary of Transportation, shall establish a pro- gram to provide appropriate information that the Department has gathered or developed on the performance, use, and testing of tech- nologies that may be used to enhance railroad, public transportation, and surface transpor- tation security to surface transportation enti- ties, including railroad carriers, over-the-road bus operators and terminal owners and opera- tors, motor carriers, public transportation agencies, owners or operators of highways, pipeline operators, and State, local, and tribal governments that provide security assistance to such entities. (2) Designation of qualified antiterrorism tech- nologies The Secretary shall include in such informa- tion provided in paragraph (1) whether the technology is designated as a qualified antiterrorism technology under the Support Anti-terrorism by Fostering Effective Tech- nologies Act of 2002 (Public Law 107–296) [6 U.S.C. 441 et seq.], as appropriate. (b) Purpose The purpose of the program is to assist eligi- ble grant recipients under this Act and others, as appropriate, to purchase and use the best technology and equipment available to meet the security needs of the Nation’s surface transpor- tation system. (c) Coordination The Secretary shall ensure that the program established under this section makes use of and is consistent with other Department technology testing, information sharing, evaluation, and standards-setting programs, as appropriate. (Pub. L. 110–53, title XIII, § 1305, Aug. 3, 2007, 121 Stat. 394.) Editorial Notes REFERENCES IN TEXT The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, referred to in subsec. (a)(2), is subtitle G (§§ 861–865) of title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY Act, which is classified generally to part G (§ 441 et seq.) of subchapter VIII of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. This Act, referred to in subsec. (b), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Implementing Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under sec- tion 101 of this title and Tables. § 1115. TSA personnel limitations Any statutory limitation on the number of employees in the Transportation Security Ad- ministration does not apply to employees car- rying out this chapter. (Pub. L. 110–53, title XIII, § 1306, Aug. 3, 2007, 121 Stat. 395.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original a reference to titles XII, XIII, XIV, and XV of Pub. L. Page 445 TITLE 6—DOMESTIC SECURITY § 1116 110–53, which enacted this chapter, amended section 1992 of Title 18, Crimes and Criminal Procedure, section 70105 of Title 46, Shipping, and sections 114, 5103a, 14504, 20106, 20109, 24301, 28101, 31105, and 46301 of Title 49, Transportation, enacted provisions set out as notes under section 1101 of this title and sections 114, 13908, and 14504 of Title 49, and amended provisions set out as a note under section 14504 of Title 49. For complete classification of titles XII to XV to the Code, see Ta- bles. § 1116. National explosives detection canine team training program (a) Definitions For purposes of this section, the term ‘‘explo- sives detection canine team’’ means a canine and a canine handler that are trained to detect explosives, radiological materials, chemical, nu- clear 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 explo- sives detection canine teams certified by the Transportation Security Administration for the purposes of transportation-related secu- rity by up to 200 canine teams annually by the end of 2010; and (B) encourage State, local, and tribal gov- ernments and private owners of high-risk transportation facilities to strengthen secu- rity through the use of highly trained explo- sives 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 Ad- ministration’s National Explosives Detec- tion Canine Team Training Center, includ- ing expanding and upgrading existing facili- ties, procuring and breeding additional ca- nines, 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 in- crease the training capacity for canine de- tection teams; (C) procuring explosives detection canines trained by nonprofit organizations, univer- sities, or the private sector provided they are trained in a manner consistent with the standards and requirements developed pur- suant to subsection (c) or other criteria de- veloped 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 ongo- ing demand for quality explosives detection canine teams, the Secretary shall establish criteria, including canine training curricula, performance standards, and other require- ments approved by the Transportation Secu- rity Administration necessary to ensure that explosives detection canine teams trained by nonprofit organizations, universities, and pri- vate sector entities are adequately trained and maintained. (2) Expansion In developing and implementing such cur- riculum, performance standards, and other re- quirements, the Secretary shall— (A) coordinate with key stakeholders, in- cluding international, Federal, State, and local officials, and private sector and aca- demic entities to develop best practice guidelines for such a standardized program, as appropriate; (B) require that explosives detection ca- nine teams trained by nonprofit organiza- tions, universities, or private sector entities that are used or made available by the Sec- retary 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 en- sure compliance with training curricula, performance standards, and other require- ments. (d) Deployment The Secretary shall— (1) use the additional explosives detection canine teams as part of the Department’s ef- forts to strengthen security across the Na- tion’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 ca- nine teams to all modes of transportation, for high-risk areas or to address specific threats, on an as-needed basis and as otherwise deter- mined appropriate by the Secretary; (3) encourage, but not require, any transpor- tation facility or system to deploy TSA-cer- tified explosives detection canine teams devel- oped under this section; and (4) consider specific needs and training re- quirements for explosives detection canine teams to be deployed across the Nation’s transportation network, including in venues of multiple modes of transportation, as appro- priate. (e) Canine procurement The Secretary, acting through the Adminis- trator of the Transportation Security Adminis- tration, shall work to ensure that explosives de- tection canine teams are procured as efficiently as possible and at the best price, while main- taining the needed level of quality, including, if appropriate, through increased domestic breed- ing. (f) Study Not later than 1 year after August 3, 2007, the Comptroller General shall report to the appro- priate congressional committees on the utiliza- tion of explosives detection canine teams to strengthen security and the capacity of the na- tional explosive detection canine team program.