II 110th CONGRESS 2d Session S. 2960 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.

1.

Short title

This Act may be cited as the National Improvised Explosive Device Prevention and Preparedness Act of 2008.

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.

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:

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.

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:

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.

.

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:

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.

.

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. .

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; .