IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Bombing Pre3 vention Act of 2009’’. 

4 SEC. 2. BOMBING PREVENTION. 

5 (a) IN GENERAL.—Subtitle A of title II of the Home6 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend7 ed by adding at the end the following new section: 

8 ‘‘SEC. 210F. OFFICE FOR BOMBING PREVENTION. 

9 ‘‘(a) IN GENERAL.—The Secretary shall establish 

10 within the Protective Security Coordination Division of the 

11 Office of Infrastructure Protection of the Department an 

12 Office for Bombing Prevention (in this section referred to 

13 as ‘the Office’). 

14 ‘‘(b) RESPONSIBILITIES.—The Office shall have the 

15 primary responsibility for enhancing the ability, and co16 ordinating the efforts, of the United States to deter, de17 tect, prevent, protect against, and respond to terrorist ex18 plosive attacks in the United States, including by— 

19 ‘‘(1) serving as the lead agency of the Depart20 ment for ensuring that programs designed to 

21 counter terrorist explosive attacks in the United 

22 States function together efficiently to meet the evolv23 ing threat from explosives and improvised explosive 

24 devices; 

25 ‘‘(2) coordinating national and intergovern26 mental bombing prevention activities to ensure those 


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1 activities work toward achieving common national 

2 goals; 

3 ‘‘(3) conducting analysis of the capabilities and 

4 requirements necessary for Federal, State, local, and 

5 tribal governments to deter, prevent, detect, protect 

6 against, and assist in any response to terrorist ex7 plosive attacks in the United States by— 

8 ‘‘(A) maintaining a national analysis data9 base on the capabilities of bomb squads, explo10 sive detection canine teams, tactics teams, and 

11 public safety dive teams; and 

12 ‘‘(B) applying the analysis derived from 

13 the database described in subparagraph (A) 

14 in— 

15 ‘‘(i) evaluating progress toward clos16 ing identified gaps relating to national 

17 strategic goals and standards; and 

18 ‘‘(ii) informing decisions relating to 

19 homeland security policy, assistance, train20 ing, research, development efforts, testing 

21 and evaluation, and related requirements; 

22 ‘‘(4) promoting secure information sharing of 

23 sensitive material and promoting security awareness, 

24 including by— 


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1 ‘‘(A) operating and maintaining a secure 

2 information sharing system that allows the 

3 sharing of critical information relating to ter4 rorist explosive attack tactics, techniques, and 

5 procedures; 

6 ‘‘(B) educating the public and private sec7 tors about explosive precursor chemicals; 

8 ‘‘(C) working with international partners, 

9 in coordination with the Office for International 

10 Affairs of the Department, to develop and share 

11 effective practices to deter, prevent, detect, pro12 tect, and respond to terrorist explosive attacks 

13 in the United States; and 

14 ‘‘(D) executing national public awareness 

15 and vigilance campaigns relating to terrorist ex16 plosive threats, preventing explosive attacks, 

17 and activities and measures underway to safe18 guard the United States; 

19 ‘‘(5) assisting State, local, and tribal govern20 ments in developing multi-jurisdictional improvised 

21 explosive devices security plans for high-risk jurisdic22 tions; 

23 ‘‘(6) helping to ensure, in coordination with the 

24 Under Secretary for Science and Technology and the 

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1 ment Agency, the identification and availability of 

2 effective technology applications through field pilot 

3 testing and acquisition of such technology applica4 tions by Federal, State, local, and tribal govern5 ments to deter, prevent, detect, protect, and respond 

6 to terrorist explosive attacks in the United States; 

7 ‘‘(7) coordinating the efforts of the Department 

8 relating to, and assisting departments and agencies 

9 of Federal, State, local, and tribal governments, and 

10 private sector business in, developing and imple11 menting national explosives detection training, cer12 tification, and performance standards; 

13 ‘‘(8) ensuring the implementation of any rec14 ommendations in the national strategy required 

15 under section 210G, including developing, maintain16 ing, and tracking progress toward achieving objec17 tives to reduce the vulnerability of the United States 

18 to terrorist explosive attacks; 

19 ‘‘(9) developing, in coordination with the Ad20 ministrator of the Federal Emergency Management 

21 Agency, programmatic guidance and permitted uses 

22 for bombing prevention activities funded by home23 land security assistance administered by the Depart24 ment; and 


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1 ‘‘(10) establishing and executing a public 

2 awareness campaign to inform the general public 

3 and private sector businesses on ways they can 

4 deter, detect, prevent, protect against, and respond 

5 to terrorist explosive attacks in the United States, 

6 that— 

7 ‘‘(A) utilizes a broad spectrum of both 

8 mainstream and specialty print, radio, television 

9 outlets, and the Internet; 

10 ‘‘(B) utilizes small and disadvantaged busi11 nesses, as defined under the Small Business Act 

12 (15 U.S.C. 631 et seq.); and 

13 ‘‘(C) ensures that the public awareness 

14 messages under the campaign reach and are 

15 understandable to underserved populations, in16 cluding— 

17 ‘‘(i) persons with physical and mental 

18 disabilities, health problems, visual impair19 ments, hearing impairments, limited 

20 English proficiency, and literacy barriers; 

21 ‘‘(ii) socially and economically dis22 advantaged households and communities; 

23 ‘‘(iii) the elderly; and 

24 ‘‘(iv) children. 


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1 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

2 Nothing in this section shall be construed to affect the 

3 authority of the Administrator of the Federal Emergency 

4 Management Agency, the Director of the United States 

5 Secret Service, or the Attorney General of the United 

6 States. 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There are authorized to be 

9 appropriated to carry out this section— 

10 ‘‘(A) $10,000,000 for fiscal year 2010; 

11 ‘‘(B) $25,000,000 for each of fiscal years 

12 2011 through 2013; and 

13 ‘‘(C) such sums as may be necessary for 

14 each subsequent fiscal year. 

15 ‘‘(2) AVAILABILITY.—Amounts made available 

16 pursuant to paragraph (1) are authorized to remain 

17 available until expended. 

18 ‘‘(e) ENHANCEMENT OF EXPLOSIVES DETECTION

19 CANINE RESOURCES AND CAPABILITIES.—To enhance the 

20 Nation’s explosives detection canine resources and capa21 bilities the Secretary of Homeland Security shall, by 

22 partnering with other Federal, State, local, and tribal 

23 agencies, nonprofit organizations, universities including 

24 historically black colleges and universities and minority 

25 serving institutions, and the private sector— 


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1 ‘‘(1) within 270 days after the date of the en2 actment of this subsection— 

3 ‘‘(A) develop a pilot program that includes 

4 a domestic breeding program for purpose-bred 

5 explosives detection canines; and 

6 ‘‘(B) increase the current number of capa7 bility assessments of explosives detection canine 

8 units to identify common challenges and gaps in 

9 canine explosives detection, to provide for effec10 tive domestic preparedness and collective re11 sponse to terrorism, and to inform grant guid12 ance and priorities, consistent with national ca13 pabilities database efforts; 

14 ‘‘(2) continue development of a scientifically 

15 based training curriculum to enhance consensus16 based national training and certification standards 

17 to provide for effective domestic preparedness and 

18 collective response to terrorism through the effective 

19 use of explosives detection canines for explosives de20 tection canines; and 

21 ‘‘(3) continue engagement in explosives detec22 tion canine research and development activities 

23 through partnerships with the Science and Tech24 nology Directorate and the Technical Support Work25 ing Group. 


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1 ‘‘SEC. 210G. NATIONAL STRATEGY. 

2 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

3 periodically update a national strategy to prevent and pre4 pare for terrorist explosive attacks in the United States. 

5 ‘‘(b) DEVELOPMENT.—Not later than 90 days after 

6 the date of the enactment of this section, the Secretary 

7 shall develop the national strategy required under sub8 section (a). 

9 ‘‘(c) REPORTING.—Not later than six months after 

10 the date of the submission of the report regarding each 

11 quadrennial homeland security review conducted under 

12 section 707, the Secretary shall submit to the Committee 

13 on Homeland Security of the House of Representatives 

14 and the Committee on Homeland Security and Govern15 mental Affairs of the Senate a report regarding the na16 tional strategy required under subsection (a), which shall 

17 include recommendations, if any, for deterring, pre18 venting, detecting, protecting against, and responding to 

19 terrorist attacks in the United States using explosives or 

20 improvised explosive devices, including any such rec21 ommendations relating to coordinating the efforts of Fed22 eral, State, local, and tribal governments, emergency re23 sponse providers, and the private sector.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of contents in section 1(b) of the Homeland Se26 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 


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1 inserting after the item relating to section 210E the fol2 lowing new items: 

‘‘Sec. 210F. Office for Bombing Prevention. 

‘‘Sec. 210G. National strategy.’’. 

3 SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND 

4 TRANSFER. 

5 (a) IN GENERAL.—Title III of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

7 adding at the end the following new sections: 

8 ‘‘SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. 

9 ‘‘(a) IN GENERAL.—The Secretary, acting through 

10 the Under Secretary for Science and Technology, and in 

11 coordination with the Under Secretary for National Pro12 tection and Programs, the Attorney General, the Secretary 

13 of Defense, and the head of any other relevant Federal 

14 department or agency, shall ensure coordination and infor15 mation sharing regarding nonmilitary research, develop16 ment, testing, and evaluation activities of the Federal Gov17 ernment relating to the detection and prevention of, pro18 tection against, and response to terrorist attacks in the 

19 United States using explosives or improvised explosive de20 vices, and the development of tools and technologies nec21 essary to neutralize and disable explosive devices. 

22 ‘‘(b) LEVERAGING MILITARY RESEARCH.—The Sec23 retary, acting through the Under Secretary for Science 

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1 retary for National Protection and Programs, shall coordi2 nate with the Secretary of Defense and the head of any 

3 other relevant Federal department or agency to ensure 

4 that, to the maximum extent possible, military policies and 

5 procedures, and research, development, testing, and eval6 uation activities relating to the detection and prevention 

7 of, protection against, and response to terrorist attacks 

8 using explosives or improvised explosive devices, and the 

9 development of tools and technologies necessary to neu10 tralize and disable explosive devices, are adapted to non11 military uses. 

12 ‘‘SEC. 319. TECHNOLOGY TRANSFER. 

13 ‘‘(a) IN GENERAL.—The Secretary, acting through 

14 the Under Secretary for Science and Technology, and in 

15 coordination with the Under Secretary for National Pro16 tection and Programs, shall establish a technology trans17 fer program to facilitate the identification, modification, 

18 and commercialization of technology and equipment for 

19 use by Federal, State, and local governmental agencies, 

20 emergency response providers, and the private sector to 

21 deter, prevent, detect, protect, and respond to terrorist at22 tacks in the United States using explosives or improvised 

23 explosive devices. 

24 ‘‘(b) PROGRAM.—The activities under the program 

25 established under subsection (a) shall include— 


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1 ‘‘(1) applying the analysis conducted under sec2 tion 210F(b)(3) of the capabilities and requirements 

3 of bomb squad, explosive detection canine teams, 

4 tactical teams, and public safety dive teams of Fed5 eral, State, and local governments, to determine the 

6 training and technology requirements for Federal, 

7 State, and local governments, emergency response 

8 providers, and the private sector; 

9 ‘‘(2) identifying available technologies designed 

10 to deter, prevent, detect, protect, or respond to ter11 rorist attacks using explosives or improvised explo12 sive devices that have been, or are in the process of 

13 being, developed, tested, evaluated, or demonstrated 

14 by the Department, other Federal agencies, the pri15 vate sector, foreign governments, or international or16 ganizations; 

17 ‘‘(3) reviewing whether a technology described 

18 in paragraph (2) may be useful in assisting Federal, 

19 State, or local governments, emergency response 

20 providers, or the private sector in detecting, deter21 ring, preventing, or responding to terrorist attacks 

22 using explosives or improvised explosive devices; and 

23 ‘‘(4) communicating to Federal, State, and local 

24 governments, emergency response providers, and the 

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1 scribed in paragraph (2), including providing the 

2 specifications of any such technology, indicating 

3 whether any such technology satisfies appropriate 

4 standards, and identifying grants, if any, available 

5 from the Department to purchase any such tech6 nology. 

7 ‘‘(c) WORKING GROUP.—To facilitate the transfer of 

8 military technologies, the Secretary, acting through the 

9 Under Secretary for Science and Technology, in coordina10 tion with the Secretary of Defense, and in a manner con11 sistent with protection of sensitive sources and methods, 

12 shall establish a working group to advise and assist in the 

13 identification of military technologies designed to deter, 

14 prevent, detect, protect, or respond to terrorist explosive 

15 attacks that are in the process of being developed, or are 

16 developed, by the Department of Defense or the private 

17 sector.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of contents in section 1(b) of the Homeland Se20 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

21 inserting after the item relating to section 317 the fol22 lowing new items: 

‘‘Sec. 318. Explosives research and development. 

‘‘Sec. 319. Technology transfer.’’. 


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1 SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE 

2 TEAMS. 

3 Section 1307(f) of the Implementing Recommenda4 tions of the 9/11 Commission Act of 2007 (Public Law 

5 110–53; 121 Stat. 395) is amended by striking ‘‘utiliza6 tion’’ and all that follows through the end of the sentence 

7 and inserting ‘‘utilization of explosives detection canine 

8 teams, by the Transportation Security Administration and 

9 all other agencies of the Department of Homeland Secu10 rity that utilize explosives detection canines, to strengthen 

11 security and the capacity of explosive detection canine de12 tection teams of the Department.’’. 

13 SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES. 

14 The Secretary of Homeland Security shall submit a 

15 report to the Committee on Homeland Security of the 

16 House of Representatives and the Committee on Home17 land Security and Governmental Affairs of the Senate by 

18 not later than 180 days after the date of the enactment 

19 of this Act examining the administration of canine pro20 curement activities by the Department of Homeland Secu21 rity to deter, prevent, detect, and protect against terrorist 

22 explosive attacks in the United States, that includes con23 sideration of the feasibility of reducing the price paid for 

24 the procurement of untrained canines, including by uti25 lizing an expanded pool of breeds, procuring canines from 


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1 domestic breeders, and acquiring canines from animal 

2 shelters, rescue societies, and other not-for-profit entities. 

Passed the House of Representatives February 3, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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