[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 549 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 549


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
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 
2009''.

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, the Director of the United 
States Secret Service, or the Attorney General of the United States.
    ``(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 2010;
                    ``(B) $25,000,000 for each of fiscal years 2011 
                through 2013; 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.

            Passed the House of Representatives February 3, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.