[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4749 Reported in House (RH)]
Union Calendar No. 433
110th CONGRESS
2d Session
H. R. 4749
[Report No. 110-689]
To amend the Homeland Security Act of 2002 to establish the Office for
Bombing Prevention, to address terrorist explosive threats, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 17, 2007
Mr. King of New York (for himself and Mr. Thompson of Mississippi)
introduced the following bill; which was referred to the Committee on
Homeland Security
June 5, 2008
Additional sponsor: Mr. Sali
June 5, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
December 17, 2007]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish the Office for
Bombing Prevention, to address terrorist explosive threats, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bombing Prevention Act of
2008''.
SEC. 2. BOMBING PREVENTION.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 210F. OFFICE FOR BOMBING PREVENTION.
``(a) In General.--The Secretary shall establish within the
Protective Security Coordination Division of the Office of
Infrastructure Protection of the Department an Office for Bombing
Prevention (in this section referred to as `the Office').
``(b) Responsibilities.--The Office shall have the primary
responsibility for enhancing the ability, and coordinating the efforts,
of the United States to deter, detect, prevent, protect against, and
respond to terrorist explosive attacks in the United States, including
by--
``(1) serving as the lead agency of the Department for
ensuring that programs designed to counter terrorist explosive
attacks in the United States function together efficiently to
meet the evolving threat from explosives and improvised
explosive devices;
``(2) coordinating national and intergovernmental bombing
prevention activities to ensure those activities work toward
achieving common national goals;
``(3) conducting analysis of the capabilities and
requirements necessary for Federal, State, local, and tribal
governments to deter, prevent, detect, protect against, and
assist in any response to terrorist explosive attacks in the
United States by--
``(A) maintaining a national analysis database on
the capabilities of bomb squads, explosive detection
canine teams, tactics teams, and public safety dive
teams; and
``(B) applying the analysis derived from the
database described in subparagraph (A) in--
``(i) evaluating progress toward closing
identified gaps relating to national strategic
goals and standards; and
``(ii) informing decisions relating to
homeland security policy, assistance, training,
research, development efforts, testing and
evaluation, and related requirements;
``(4) promoting secure information sharing of sensitive
material and promoting security awareness, including by--
``(A) operating and maintaining a secure
information sharing system that allows the sharing of
critical information relating to terrorist explosive
attack tactics, techniques, and procedures;
``(B) educating the public and private sectors
about explosive precursor chemicals;
``(C) working with international partners, in
coordination with the Office for International Affairs
of the Department, to develop and share effective
practices to deter, prevent, detect, protect, and
respond to terrorist explosive attacks in the United
States; and
``(D) executing national public awareness and
vigilance campaigns relating to terrorist explosive
threats, preventing explosive attacks, and activities
and measures underway to safeguard the United States;
``(5) assisting State, local, and tribal governments in
developing multi-jurisdictional improvised explosive devices
security plans for high-risk jurisdictions;
``(6) helping to ensure, in coordination with the Under
Secretary for Science and Technology and the Administrator of
the Federal Emergency Management Agency, the identification and
availability of effective technology applications through field
pilot testing and acquisition of such technology applications
by Federal, State, local, and tribal governments to deter,
prevent, detect, protect, and respond to terrorist explosive
attacks in the United States;
``(7) coordinating the efforts of the Department relating
to, and assisting departments and agencies of Federal, State,
local, and tribal governments, and private sector business in,
developing and implementing national explosives detection
training, certification, and performance standards;
``(8) ensuring the implementation of any recommendations in
the national strategy required under section 210G, including
developing, maintaining, and tracking progress toward achieving
objectives to reduce the vulnerability of the United States to
terrorist explosive attacks;
``(9) developing, in coordination with the Administrator of
the Federal Emergency Management Agency, programmatic guidance
and permitted uses for bombing prevention activities funded by
homeland security assistance administered by the Department;
and
``(10) establishing and executing a public awareness
campaign to inform the general public and private sector
businesses on ways they can deter, detect, prevent, protect
against, and respond to terrorist explosive attacks in the
United States, that--
``(A) utilizes a broad spectrum of both mainstream
and specialty print, radio, television outlets, and the
Internet;
``(B) utilizes small and disadvantaged businesses,
as defined under the Small Business Act (15 U.S.C. 631
et seq.); and
``(C) ensures that the public awareness messages
under the campaign reach and are understandable to
underserved populations, including--
``(i) persons with physical and mental
disabilities, health problems, visual
impairments, hearing impairments, limited
English proficiency, and literacy barriers;
``(ii) socially and economically
disadvantaged households and communities;
``(iii) the elderly; and
``(iv) children.
``(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the authority of the Administrator
of the Federal Emergency Management Agency.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2009;
``(B) $25,000,000 for each of fiscal years 2010
through 2012; and
``(C) such sums as may be necessary for each
subsequent fiscal year.
``(2) Availability.--Amounts made available pursuant to
paragraph (1) are authorized to remain available until
expended.
``(e) Enhancement of Explosives Detection Canine Resources and
Capabilities.--To enhance the Nation's explosives detection canine
resources and capabilities the Secretary of Homeland Security shall, by
partnering with other Federal, State, local, and tribal agencies,
nonprofit organizations, universities including historically black
colleges and universities and minority serving institutions, and the
private sector--
``(1) within 270 days after the date of the enactment of
this subsection--
``(A) develop a pilot program that includes a
domestic breeding program for purpose-bred explosives
detection canines; and
``(B) increase the current number of capability
assessments of explosives detection canine units to
identify common challenges and gaps in canine
explosives detection, to provide for effective domestic
preparedness and collective response to terrorism, and
to inform grant guidance and priorities, consistent
with national capabilities database efforts;
``(2) continue development of a scientifically-based
training curriculum to enhance consensus-based national
training and certification standards to provide for effective
domestic preparedness and collective response to terrorism
through the effective use of explosives detection canines for
explosives detection canines; and
``(3) continue engagement in explosives detection canine
research and development activities through partnerships with
the Science and Technology Directorate and the Technical
Support Working Group.
``SEC. 210G. NATIONAL STRATEGY.
``(a) In General.--The Secretary shall develop and periodically
update a national strategy to prevent and prepare for terrorist
explosive attacks in the United States.
``(b) Development.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall develop the national
strategy required under subsection (a).
``(c) Reporting.--Not later than six months after the date of the
submission of the report regarding each quadrennial homeland security
review conducted under section 707, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report regarding the national strategy required under subsection (a),
which shall include recommendations, if any, for deterring, preventing,
detecting, protecting against, and responding to terrorist attacks in
the United States using explosives or improvised explosive devices,
including any such recommendations relating to coordinating the efforts
of Federal, State, local, and tribal governments, emergency response
providers, and the private sector.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 210E
the following new items:
``Sec. 210F. Office for Bombing Prevention.
``Sec. 210G. National strategy.''.
SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
sections:
``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Under Secretary for National Protection and Programs, the Attorney
General, the Secretary of Defense, and the head of any other relevant
Federal department or agency, shall ensure coordination and information
sharing regarding nonmilitary research, development, testing, and
evaluation activities of the Federal Government relating to the
detection and prevention of, protection against, and response to
terrorist attacks in the United States using explosives or improvised
explosive devices, and the development of tools and technologies
necessary to neutralize and disable explosive devices.
``(b) Leveraging Military Research.--The Secretary, acting through
the Under Secretary for Science and Technology, and in coordination
with the Under Secretary for National Protection and Programs, shall
coordinate with the Secretary of Defense and the head of any other
relevant Federal department or agency to ensure that, to the maximum
extent possible, military policies and procedures, and research,
development, testing, and evaluation activities relating to the
detection and prevention of, protection against, and response to
terrorist attacks using explosives or improvised explosive devices, and
the development of tools and technologies necessary to neutralize and
disable explosive devices, are adapted to nonmilitary uses.
``SEC. 319. TECHNOLOGY TRANSFER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Under Secretary for National Protection and Programs, shall establish a
technology transfer program to facilitate the identification,
modification, and commercialization of technology and equipment for use
by Federal, State, and local governmental agencies, emergency response
providers, and the private sector to deter, prevent, detect, protect,
and respond to terrorist attacks in the United States using explosives
or improvised explosive devices.
``(b) Program.--The activities under the program established under
subsection (a) shall include--
``(1) applying the analysis conducted under section
210F(b)(3) of the capabilities and requirements of bomb squad,
explosive detection canine teams, tactical teams, and public
safety dive teams of Federal, State, and local governments, to
determine the training and technology requirements for Federal,
State, and local governments, emergency response providers, and
the private sector;
``(2) identifying available technologies designed to deter,
prevent, detect, protect, or respond to terrorist attacks using
explosives or improvised explosive devices that have been, or
are in the process of being, developed, tested, evaluated, or
demonstrated by the Department, other Federal agencies, the
private sector, foreign governments, or international
organizations;
``(3) reviewing whether a technology described in paragraph
(2) may be useful in assisting Federal, State, or local
governments, emergency response providers, or the private
sector in detecting, deterring, preventing, or responding to
terrorist attacks using explosives or improvised explosive
devices; and
``(4) communicating to Federal, State, and local
governments, emergency response providers, and the private
sector the availability of any technology described in
paragraph (2), including providing the specifications of any
such technology, indicating whether any such technology
satisfies appropriate standards, and identifying grants, if
any, available from the Department to purchase any such
technology.
``(c) Working Group.--To facilitate the transfer of military
technologies, the Secretary, acting through the Under Secretary for
Science and Technology, in coordination with the Secretary of Defense,
and in a manner consistent with protection of sensitive sources and
methods, shall establish a working group to advise and assist in the
identification of military technologies designed to deter, prevent,
detect, protect, or respond to terrorist explosive attacks that are in
the process of being developed, or are developed, by the Department of
Defense or the private sector.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 317
the following new items:
``Sec. 318. Explosives research and development.
``Sec. 319. Technology transfer.''.
SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS.
Section 1307(f) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 395) is amended by
striking ``utilization'' and all that follows through the end of the
sentence and inserting ``utilization of explosives detection canine
teams, by the Transportation Security Administration and all other
agencies of the Department of Homeland Security that utilize explosives
detection canines, to strengthen security and the capacity of explosive
detection canine detection teams of the Department.''.
SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES.
The Secretary of Homeland Security shall submit a report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
by not later than 180 days after the date of the enactment of this Act
examining the administration of canine procurement activities by the
Department of Homeland Security to deter, prevent, detect, and protect
against terrorist explosive attacks in the United States, that includes
consideration of the feasibility of reducing the price paid for the
procurement of untrained canines, including by utilizing an expanded
pool of breeds, procuring canines from domestic breeders, and acquiring
canines from animal shelters, rescue societies, and other not-for-
profit entities.
Union Calendar No. 433
110th CONGRESS
2d Session
H. R. 4749
[Report No. 110-689]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish the Office for
Bombing Prevention, to address terrorist explosive threats, and for
other purposes.
_______________________________________________________________________
June 5, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed