text: 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;''.
target: National Improvised Explosive Device Prevention and Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, which shall have primary responsibility within the Department of Homeland Security (DHS) for enhancing the nation's ability, and coordinating its efforts, to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device (IED) attacks. Transfers to the Office all functions of the current Office for Bombing Prevention of DHS's Office of Infrastructure Protection.
  
  Directs the Secretary of DHS to ensure that a Homeland Security Advisory Council subcommittee, to be known as the Senior Advisory Committee on Improvised Explosive Device Prevention and Response, is established. Requires the Committee to: (1) provide policy guidance and recommendations; (2) develop best practices, training, and basic operational procedures; (3) promote interoperability and information sharing between the federal government and IED first responders; and (4) meet annually to review grant applications under the Bomb Prevention and Response Grant Program (established by this Act) and provide advice on proposed grant allocations.
  
  Requires the Secretary's annual report on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans to include: (1) the identification of modifications necessary in funding to ensure the correction of capability gaps identified by the Coast Guard and the dive team component of the national analysis database on the capabilities of IED first responders (required to be maintained by the Office for Bombing Prevention); and (2) an assessment of progress in completing assessments for the dive team component for all applicable ports.
feat_title: 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.