[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2960 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2960

To amend the Homeland Security Act of 2002, to establish the Office for 
Bombing Prevention, to enhance the role of State and local bomb squads, 
public safety dive teams, explosive detection canine teams, and special 
   weapons and tactics teams in national improvised explosive device 
    prevention policy, to establish a grant program to provide for 
    training, equipment, and staffing of State and local improvised 
          explosive device prevention, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2008

   Mr. Dodd introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002, to establish the Office for 
Bombing Prevention, to enhance the role of State and local bomb squads, 
public safety dive teams, explosive detection canine teams, and special 
   weapons and tactics teams in national improvised explosive device 
    prevention policy, to establish a grant program to provide for 
    training, equipment, and staffing of State and local improvised 
          explosive device prevention, 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 Improvised Explosive Device 
Prevention and Preparedness Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Improvised explosive devices come in many forms, 
        including--
                    (A) radio controlled improvised explosive devices;
                    (B) suicide improvised explosive devices;
                    (C) suicide or homicide improvised explosive 
                devices;
                    (D) vehicle-borne improvised explosive devices;
                    (E) waterborne improvised explosive devices; and
                    (F) underwater improvised explosive devices.
            (2) The United States has suffered numerous improvised 
        explosive device attacks in the past 25 years, including--
                    (A) the 1983 United States embassy bombing in 
                Beirut, Lebanon;
                    (B) the 1983 United States Marine barracks bombing 
                in Beirut, Lebanon;
                    (C) the 1983 United States Senate bombing following 
                the Grenada invasion;
                    (D) the 1984 United States embassy annex bombing in 
                Beirut, Lebanon;
                    (E) the 1986 TWA Flight 840 bombing;
                    (F) the 1986 LaBelle Discotheque bombing in Berlin, 
                Germany;
                    (G) the 1988 Pan Am Flight 103 bombing;
                    (H) the 1993 World Trade Center bombing in New York 
                City, New York;
                    (I) the 1995 Alfred P. Murrah Federal Building 
                bombing in Oklahoma City, Oklahoma;
                    (J) the 1996 Khobar Towers bombing in Khobar, Saudi 
                Arabia;
                    (K) the 1996 Centennial Olympic Park bombing in 
                Atlanta, Georgia;
                    (L) the 1998 health clinic bombing in Birmingham, 
                Alabama;
                    (M) the 1998 United States embassy bombing in Dar 
                es Salaam, Tanzania;
                    (N) the 1998 United States embassy bombing in 
                Nairobi, Kenya;
                    (O) the 2000 USS Cole bombing in Aden, Yemen; and
                    (P) the 2008 military recruiting office bombing in 
                New York City, New York.
            (3) Improvised explosive devices are responsible for 60 
        percent of all United States combat casualties in Iraq and 50 
        percent of all United States combat casualties in Afghanistan.
            (4) The knowledge to assemble, arm, and detonate improvised 
        explosive devices is highly importable due to advances in 
        global communications networks.
            (5) The bomb squad, public safety dive team, explosive 
        detection canine team, and special weapons and tactics team 
        capabilities of the United States is inadequate for the 
        domestic threat of an improvised explosive device attack.
            (6) Federal funding in support of bomb squad, public safety 
        dive team, explosive detection canine team, and special weapons 
        and tactics team capability development is inadequate and lacks 
        sufficient strategic planning to properly equip, train, and 
        prepare the Nation's emergency response providers.
            (7) Bomb squad, public safety dive teams, explosive 
        detection canine teams, and special weapons and tactics teams 
        operated by State and local governments are usually the first 
        to respond to domestic bombing threats and best-positioned to 
        discern funding shortfalls based on threats identified by 
        Federal, State, and local government sources.

SEC. 3. BOMBING PREVENTION.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 525. OFFICE FOR BOMBING PREVENTION.

    ``(a) Definition.--In this section, the term `IED first responder' 
means a bomb squad, explosive detection canine team, special weapons 
and tactics team, or public safety dive team operated by a State or 
local government.
    ``(b) Establishment.--There is established in the Agency an Office 
for Bombing Prevention (in this section referred to as `the Office').
    ``(c) 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, intercept, and respond to terrorist improvised 
explosive device attacks, including by--
            ``(1) coordinating national and intergovernmental bombing 
        prevention activities;
            ``(2) chairing any improvised explosive device working 
        group or task force established by the Department;
            ``(3) conducting requirements, capabilities, and gap 
        analyses of equipment and training of Federal, State, and local 
        governments to deter, prevent, detect, protect against, 
        intercept, and assist in any response to terrorist explosive 
        attacks by--
                    ``(A) maintaining a national analysis database on 
                the capabilities of IED first responders;
                    ``(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) providing to the Administrator an 
                        assessment of the needs of State and local 
                        governments for Federal funds to equip and 
                        train IED first responders; and
                    ``(C) providing the analysis derived from the 
                database described in subparagraph (A) to other 
                components of the Department and other departments and 
                agencies of the Federal Government to inform decisions 
                relating to homeland security policy, assistance, 
                training, research and development efforts, testing and 
                evaluation, and related requirements;
            ``(4) serving as the primary conduit between Federal, 
        State, and local governments for conducting assessments for, 
        and making changes necessary to close gaps identified through, 
        the database described in paragraph (3)(A);
            ``(5) assisting State and local officials in developing 
        multijurisdictional bombing prevention plans and identifying 
        and prioritizing equipment requirements;
            ``(6) operating and maintaining an information portal for 
        IED first responders to share critical information and lessons 
        learned;
            ``(7) promoting other information sharing and improvised 
        explosive device prevention awareness programs;
            ``(8) serving as a liaison to the Joint Improvised 
        Explosive Device Defeat Organization of the Department of 
        Defense;
            ``(9) coordinating and consulting with the Senior Advisory 
        Committee on Improvised Explosive Device Prevention and 
        Response established under section 890A; and
            ``(10) assisting, in cooperation with the Administrator of 
        the Transportation Security Administration, departments and 
        agencies of Federal, State, or local government in developing 
        and implementing national explosive detection canine training 
        and certification standards.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $20,000,000 for fiscal year 2009;
            ``(2) $25,000,000 for each of fiscal years 2010 and 2011; 
        and
            ``(3) such sums as are necessary for each fiscal year 
        thereafter.''.
    (b) Transfer of Existing Function.--There are transferred to the 
Office for Bombing Prevention established under section 525 of the 
Homeland Security Act, as added by this Act, all functions of the 
Office for Bombing Prevention of the Office of Infrastructure 
Protection of the Department of Homeland Security as of the day before 
the date of enactment of this Act, including its personnel, assets, 
components, authorities, and liabilities.

SEC. 4. SENIOR ADVISORY COMMITTEE.

    Subtitle H of title VIII of the Homeland Security Act of 2002 (6 
U.S.C. 451 et seq.) is amended by adding at the end the following:

``SEC. 890A. SENIOR ADVISORY COMMITTEE ON IMPROVISED EXPLOSIVE DEVICE 
              PREVENTION AND RESPONSE.

    ``(a) In General.--The Secretary shall ensure that a subcommittee 
of the Homeland Security Advisory Council established under section 
871, or any successor thereto, is established that is responsible for 
improvised explosive device prevention and response, to be know as the 
`Senior Advisory Committee on Improvised Explosive Device Prevention 
and Response'.
    ``(b) Responsibilities.--The Senior Advisory Committee on Bombing 
Prevention and Response shall--
            ``(1) provide policy guidance and recommendations to the 
        Homeland Security Advisory Council, or any successor thereto, 
        on all matters related to the preparedness of emergency 
        response providers to respond to, detect, and defeat 
        destructive devices;
            ``(2) develop best practices, training, and basic 
        operational procedures to coordinate between, and integrate the 
        responsibilities and functions of, bomb squads and special 
        weapons and tactics teams;
            ``(3) promote interoperability and information sharing 
        between the Federal Government and IED first responders, as 
        that term is defined in section 525; and
            ``(4) meet annually to review applications for grants under 
        the Bomb Prevention and Response Grant Program under section 
        526 and provide to the Administrator advice on the proposed 
        allocation of such grants based on the gaps identified through 
        the database described in section 525(c)(3)(A).
    ``(c) Membership.--The members of the Senior Advisory Committee on 
Bombing Prevention and Response shall be selected in consultation 
with--
            ``(1) the Attorney General of the United States;
            ``(2) the Commandant of the Coast Guard;
            ``(3) the Administrator of the Transportation Security 
        Administration;
            ``(4) the Administrator of the Federal Transit 
        Administration;
            ``(5) the Executive Director of the National Tactical 
        Officers Association;
            ``(6) the Chair of the National Bomb Squad Commanders 
        Advisory Board;
            ``(7) the Chair of the Board of the International 
        Association of Bomb Technicians and Investigators;
            ``(8) the Chair of the Scientific Working Group on Dog and 
        Orthogonal Detector Guidelines;
            ``(9) the Executive Director of the National Emergency 
        Management Association;
            ``(10) the President of the National Sheriff's Association;
            ``(11) the President of the Fraternal Order of Police;
            ``(12) the Chair of the Executive Committee of the National 
        Governors Association;
            ``(13) the President of the United States Conference of 
        Mayors;
            ``(14) the Regional Administrator for each region of the 
        Federal Emergency Management Agency; and
            ``(15) the head of the Office for Bombing Prevention 
        established under section 525.''.

SEC. 5. IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE GRANTS.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 315 et 
seq.), as amended by this Act, is amended by adding at the end the 
following:

``SEC. 526. FIRST RESPONDER IED PREVENTION AND RESPONSE GRANT PROGRAM.

    ``(a) Establishment.--There is established an First Responder IED 
Prevention and Response Grant Program, under which the Administrator 
may make grants to State and local governments.
    ``(b) Application.--A State or local government desiring a grant 
under this section shall submit an application at such time, in such 
manner, and accompanied by such information as the Administrator shall 
establish.
    ``(c) Use of Grant Amounts.--
            ``(1) In general.--A grant under this section may be used 
        for equipment, training, and, subject to paragraph (2), salary 
        and benefits for personnel of an IED first responder, as that 
        term is defined in section 525.
            ``(2) Personnel.--Amounts provided under a grant under this 
        section may be used for salary and benefits--
                    ``(A) for an employee who--
                            ``(i) is a veteran (as that term is defined 
                        in section 101(2) of title 38, United States 
                        Code) with experience relating to improvised 
                        explosive devices as a member of an explosive 
                        ordnance disposal or response team in Iraq or 
                        Afghanistan;
                            ``(ii) is a graduate of a military 
                        education school for members of the Armed 
                        Forces for--
                                    ``(I) explosive ordnance disposal 
                                technicians; or
                                    ``(II) explosive detection canine 
                                handlers; or
                            ``(iii) is a sworn law enforcement officer 
                        who is certified as a bomb technician by the 
                        Hazardous Devices School of the Federal Bureau 
                        of Investigation; and
                    ``(B) for any employee described in subparagraph 
                (A), for not more than a 3-year period.
    ``(d) Grant Awards.--The Administrator shall award grant under this 
section based on the gaps identified through the database described in 
section 525(c)(3)(A).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $75,000,000 for fiscal year 2009;
            ``(2) $100,000,000 for fiscal year 2010;
            ``(3) $100,000,000 for fiscal year 2011;
            ``(4) $125,000,000 for fiscal year 2012; and
            ``(5) $125,000,000 for fiscal year 2013.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

    The table of contents in section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by inserting after the item relating to section 524 the 
        following:

``Sec. 525. Office for Bombing Prevention.
``Sec. 526. First Responder IED Prevention and Response Grant 
                            Program.'';
        and
            (2) by inserting after the item relating to section 890 the 
        following:

``Sec. 890A. Senior Advisory Committee on Improvised Explosive Device 
                            Prevention and Response.''.

SEC. 7. MARITIME TRANSPORTATION SECURITY.

    Section 70107(k)(3) of title 46, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) identifies any modifications necessary in 
                funding to ensure the correction of vulnerabilities and 
                capability gaps identified by the Coast Guard and the 
                dive team component of the database described in 
                section 525(c)(3)(A) of the Homeland Security Act of 
                2002, to ensure compliance with Area Maritime 
                Transportation Security Plans and facility security 
                plans;'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) includes an assessment of progress in 
                completing assessments for the dive team component of 
                the database described in section 525(c)(3)(A) of the 
                Homeland Security Act of 2002, for all applicable 
                ports;''.
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