[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2292 Reported in Senate (RS)]






                                                      Calendar No. 1043
110th CONGRESS
  2d Session
                                S. 2292

                          [Report No. 110-481]

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 SENATE OF THE UNITED STATES

                            November 1, 2007

  Ms. Collins (for herself, Mr. Lieberman, Mr. Craig, and Mr. Crapo) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

           September 23 (legislative day, September 17), 2008

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Bombing Prevention 
Act of 2007''.</DELETED>

<DELETED>SEC. 2. BOMBING PREVENTION.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 210F. OFFICE FOR BOMBING PREVENTION.</DELETED>

<DELETED>    ``(a) In General.--There is in the Department an Office 
for Bombing Prevention (in this section referred to as `the Office') 
within the Protective Security Coordination Division of the Office of 
Infrastructure Protection.</DELETED>
<DELETED>    ``(b) Responsibilities.--The Office shall have the primary 
responsibility within the Department for enhancing the ability, and 
coordinating the efforts, of the Nation to deter, detect, prevent, 
protect against, and respond to terrorist explosive attacks, including 
by--</DELETED>
        <DELETED>    ``(1) serving as the lead agency of the Department 
        for ensuring that programs designed to counter terrorist 
        explosive attacks nationwide, function together efficiently to 
        meet the evolving threat from explosives and improvised 
        explosive devices;</DELETED>
        <DELETED>    ``(2) coordinating national and intergovernmental 
        bombing prevention activities to ensure those activities work 
        toward achieving common national goals;</DELETED>
        <DELETED>    ``(3) conducting analysis of the capabilities and 
        requirements necessary for Federal, State, and local 
        governments to deter, prevent, detect, protect against, and 
        assist in any response to terrorist explosive attacks by--
        </DELETED>
                <DELETED>    ``(A) maintaining a national analysis 
                database on the capabilities of bomb squads, explosive 
                detection canine teams, tactics teams, and public 
                safety dive teams; and</DELETED>
                <DELETED>    ``(B) applying the analysis derived from 
                the database described in subparagraph (A) in--
                </DELETED>
                        <DELETED>    ``(i) evaluating progress toward 
                        closing identified gaps relating to national 
                        strategic goals and standards; and</DELETED>
                        <DELETED>    ``(ii) informing decisions 
                        relating to homeland security policy, 
                        assistance, training, research, development 
                        efforts, and testing and evaluation, and 
                        related requirements;</DELETED>
        <DELETED>    ``(4) promoting secure information sharing of 
        sensitive material and promoting security awareness, including 
        by--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) educating the public and private 
                sectors about explosive precursor chemicals;</DELETED>
                <DELETED>    ``(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; 
                and</DELETED>
                <DELETED>    ``(D) executing national public awareness 
                and vigilance campaigns relating to terrorist explosive 
                threats, preventing explosive attacks, and activities 
                and measures underway to safeguard the 
                Nation;</DELETED>
        <DELETED>    ``(5) assisting State and local governments in 
        developing multi-jurisdictional improvised explosive devices 
        security plans for high-risk jurisdictions;</DELETED>
        <DELETED>    ``(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, and local 
        governments to deter, prevent, detect, protect, and respond to 
        terrorist explosive attacks;</DELETED>
        <DELETED>    ``(7) coordinating the efforts of the Department 
        relating to, and assisting departments and agencies of the 
        Federal, State, local government, and private sector business 
        in, developing and implementing national explosives detection 
        canine training, certification, and performance 
        standards;</DELETED>
        <DELETED>    ``(8) ensuring the implementation of any 
        recommendations contained in the national strategy described in 
        section 210G, including developing, maintaining, and tracking 
        progress toward achieving objectives to reduce the Nation's 
        vulnerability to terrorist attacks using explosives or 
        improvised explosive devices; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to carry out this section--</DELETED>
                <DELETED>    ``(A) $10,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    ``(B) $25,000,000 for each of fiscal years 
                2009 through 2010; and</DELETED>
                <DELETED>    ``(C) such sums as are necessary for each 
                fiscal year thereafter.</DELETED>
        <DELETED>    ``(2) Availability.--Amounts made available 
        pursuant to this subsection shall remain available until 
        expended.</DELETED>

<DELETED>``SEC. 210G. NATIONAL STRATEGY.</DELETED>

<DELETED>    ``(a) In General.--The President shall develop and 
periodically update a national strategy to prevent and prepare for 
terrorist attacks in the United States using explosives or improvised 
explosive devices.</DELETED>
<DELETED>    ``(b) Development.--Not later than 90 days after the date 
of enactment of this section, the President shall develop the national 
strategy described in subsection (a).</DELETED>
<DELETED>    ``(c) Reporting.--Not later than 6 months after the date 
of submission of the report regarding each quadrennial homeland 
security review conducted under section 707(c), the President shall 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives a report regarding the national strategy described in 
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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 210F. Office for Bombing Prevention.
<DELETED>``Sec. 210G. National strategy.''.

<DELETED>SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND 
              TRANSFER.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    ``(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 coordinate nonmilitary research, 
development, testing, and evaluation activities of the Federal 
Government relating to the detection and prevention of, protection 
against, and response to explosive attacks within the United States, 
and the development of bomb squad tools and technologies necessary to 
neutralize and disable explosive devices.</DELETED>
<DELETED>    ``(b) 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 information and research, development, 
testing, and evaluation activities relating to the detection and 
prevention of, protection against, and response to explosive attacks, 
and the development of tools and technologies necessary to neutralize 
and disable explosive devices, are applied to nonmilitary 
uses.</DELETED>

<DELETED>``SEC. 319. TECHNOLOGY TRANSFER.</DELETED>

<DELETED>    ``(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 explosive attacks within the United States.</DELETED>
<DELETED>    ``(b) Program.--The activities under the program 
established under subsection (a) shall include--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) identifying available technologies designed 
        to deter, prevent, detect, protect, or respond to explosive 
        attacks 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;</DELETED>
        <DELETED>    ``(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 
        explosive attacks;</DELETED>
        <DELETED>    ``(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 such 
        technology, indicating whether such technology satisfies 
        appropriate standards, and identifying grants, if any, 
        available from the Department to purchase such technology; 
        and</DELETED>
        <DELETED>    ``(5) developing and deploying an electronic 
        countermeasures capability to--</DELETED>
                <DELETED>    ``(A) protect high-risk targets and 
                neutralize radio controlled improvised explosive 
                devices; and</DELETED>
                <DELETED>    ``(B) serve as a pilot initiative of the 
                technology transfer program described in paragraphs (1) 
                through (4).</DELETED>
<DELETED>    ``(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 explosive 
attacks that are in the process of being developed, or are developed, 
by the Department of Defense or the private sector.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 318. Explosives research and development.
<DELETED>``Sec. 319. Technology transfer.''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Bombing Prevention Act of 
2007''.

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:

``SEC. 210F. OFFICE FOR BOMBING PREVENTION.

    ``(a) In General.--There is in the Department an Office for Bombing 
Prevention (in this section referred to as `the Office') within the 
Office of Infrastructure Protection.
    ``(b) Responsibilities.--The Office shall have the primary 
responsibility within the Department for enhancing the ability, and 
coordinating the efforts, of the Nation to deter, detect, prevent, 
protect against, and respond to terrorist explosive attacks, including 
by--
            ``(1) serving as the lead agency of the Department for 
        ensuring that programs designed to counter terrorist explosive 
        attacks nationwide, function together efficiently to meet the 
        evolving threat from explosives and improvised explosive 
        devices;
            ``(2) coordinating, in consultation with the National 
        Domestic Preparedness Consortium of the Department, 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 State and local governments to 
        deter, prevent, detect, protect against, and assist in any 
        response to terrorist explosive attacks 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) in consultation with the Attorney General, 
                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, and testing and 
                        evaluation, and related requirements;
            ``(4) promoting secure information sharing of sensitive 
        material relating to terrorist explosives 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) in consultation with the Attorney General, 
                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 and the Attorney General, to develop 
                and share effective practices to deter, prevent, 
                detect, protect, and respond to terrorist explosive 
                attacks; 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 Nation;
            ``(5) assisting, in consultation with the Administrator of 
        the Federal Emergency Management Agency, State and local 
        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, and local governments to deter, prevent, 
        detect, protect, and respond to terrorist explosive attacks;
            ``(7) coordinating the efforts of the Department relating 
        to, and assisting, in consultation with the Attorney General, 
        departments and agencies of the Federal, State, local 
        government, and private sector business in, developing and 
        implementing national explosives detection canine training, 
        certification, and performance standards;
            ``(8) ensuring the implementation of any recommendations 
        contained in the national strategy described in section 210G, 
        including developing, maintaining, and tracking progress toward 
        achieving objectives to reduce the Nation's vulnerability to 
        terrorist attacks using explosives or improvised explosive 
        devices; and
            ``(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.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $10,000,000 for fiscal year 2008;
                    ``(B) $25,000,000 for each of fiscal years 2009 
                through 2010; and
                    ``(C) such sums as are necessary for each fiscal 
                year thereafter.
            ``(2) Availability.--Amounts made available pursuant to 
        this subsection shall remain available until expended.

``SEC. 210G. NATIONAL STRATEGY.

    ``(a) In General.--The President shall develop and periodically 
update a national strategy to prevent and prepare for terrorist attacks 
in the United States using explosives or improvised explosive devices.
    ``(b) Development.--Not later than 90 days after the date of 
enactment of this section, the President shall develop the national 
strategy described in subsection (a).
    ``(c) Reporting.--Not later than 6 months after the date of 
submission of the report regarding each quadrennial homeland security 
review conducted under section 707(c), the President shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives a report regarding the national strategy described in 
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:

``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:

``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 coordinate nonmilitary research, 
development, testing, and evaluation activities of the Federal 
Government relating to the detection and prevention of, protection 
against, and response to explosive attacks within the United States, 
and the development of bomb squad tools and technologies necessary to 
neutralize and disable explosive devices.
    ``(b) 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 information and research, development, testing, and 
evaluation activities relating to the detection and prevention of, 
protection against, and response to explosive attacks, and the 
development of tools and technologies necessary to neutralize and 
disable explosive devices, are applied 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 State and local governmental agencies, emergency response providers, 
and the private sector to deter, prevent, detect, protect, and respond 
to explosive attacks within the United States.
    ``(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 State and local governments, to assist in 
        the determination of training and technology requirements for 
        State and local governments, emergency response providers, and 
        the private sector;
            ``(2) identifying available technologies designed to deter, 
        prevent, detect, protect, or respond to explosive attacks 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 
        explosive attacks;
            ``(4) communicating, in coordination with the Attorney 
        General, 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 such technology, indicating whether such 
        technology satisfies appropriate standards, and identifying 
        grants, if any, available from the Department to purchase such 
        technology; and
            ``(5) in coordination with the Attorney General, developing 
        and deploying electronic countermeasures to--
                    ``(A) protect high-risk targets; and
                    ``(B) serve as a pilot initiative of the technology 
                transfer program described in paragraphs (1) through 
                (4).
    ``(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 Attorney General and 
the Secretary of Defense, and in a manner consistent with protection of 
sensitive sources and methods, shall establish a working group, or use 
an appropriate interagency body in existence on the date of enactment 
of this section, to advise and assist in the identification of military 
technologies designed to deter, prevent, detect, protect, or respond to 
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:

``Sec. 318. Explosives research and development.
``Sec. 319. Technology transfer.''.

SEC. 4. SAVINGS CLAUSE.

    Nothing in this Act or the amendments made by this Act may be 
construed to limit or otherwise affect the authorities or 
responsibilities of the Attorney General.
                                                      Calendar No. 1043

110th CONGRESS

  2d Session

                                S. 2292

                          [Report No. 110-481]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 23 (legislative day, September 17), 2008

                       Reported with an amendment