U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–481 

Calendar No. 1043 

NATIONAL BOMBING PREVENTION ACT OF 

2007 

R E P O R T 

OF THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2292 

TO AMEND THE HOMELAND SECURITY ACT OF 2002, TO ESTABLISH THE OFFICE FOR BOMBING PREVENTION, TO ADDRESS 

TERRORIST EXPLOSIVE THREATS, AND FOR OTHER PURPOSES 

SEPTEMBER 23 (legislative day, SEPTEMBER 17), 2008.—Ordered to be 

printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

DEBORAH P. PARKINSON, Professional Staff Member 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

DEVIN F. O’BRIEN, Minority Professional Staff Member 

TRINA DRIESSNACK TYRER, Chief Clerk 


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Calendar No. 1043 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–481 

NATIONAL BOMBING PREVENTION ACT OF 2007 

SEPTEMBER 23 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 2292] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 2292) to amend the Homeland Security Act of 2002, to establish the Office for Bombing Prevention, 

to address terrorist explosive threats, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 4 

V. Evaluation of Regulatory Impact .................................................................. 6 

VI. Estimated Cost of Legislation ....................................................................... 6 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 7 

I. PURPOSE AND SUMMARY

The purpose of S. 2292 is to amend the Homeland Security Act 

of 2002 to establish an Office for Bombing Prevention (OBP) within 

the Department of Homeland Security (Department), authorize appropriations for OBP for fiscal years 2008 through 2010, and enhance the Department’s efforts to better prepare State and local 

governments, emergency response providers, and the private sector 

to deter, detect, prevent, protect against, and respond to terrorist 

explosive attacks. In support of the Department’s efforts, the legislation would direct the President of the United States to develop 

and periodically update a National Strategy to prevent and prepare 

for domestic terrorist attacks using explosives or improvised exploVerDate Aug 31 2005 06:10 Sep 27, 2008 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR481.XXX SR481

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1 J. Michael McConnell, Director of National Intelligence, Public Testimony before the Senate 

Select Committee on Intelligence, Annual Threat Assessment of the Director of National Intelligence, 02/05/2008, available at http://intelligence.senate.gov/080205/mcconnell.pdf. 2The Honorable Michael Chertoff, United States Secretary of Homeland Security, Public Testimony before the Senate Homeland Security and Governmental Affairs Committee, Confronting 

the Terrorist Threat to the Homeland: Six Years After 9/11, 09/10/07, available at 

http://hsgac.senate.gov/public/lfiles/091007Chertoff.pdf. 3Office of the Director of National Intelligence, 2007 National Intelligence Estimate: The Terrorist Threat to the U.S. Homeland (July 17, 2007). 

sive devices (IEDs). Finally, the legislation would encourage greater research, development, testing, and evaluation across the Federal government and accelerate the transfer of military counterIED technology to our nation’s emergency response providers, State 

and local governments, and the private sector. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

The White House and the Intelligence Community (IC) have 

identified terrorist explosives as one of the most likely threats to 

the homeland. In his testimony on February 5, 2008, before the 

Senate Select Committee on Intelligence, the Director of National 

Intelligence stated that: ‘‘We [in the IC] judge use of a conventional 

explosive to be the most probable al-Qaeda attack scenario because 

this group is proficient with conventional small arms and improvised explosive devices and is innovative in creating capabilities 

and overcoming security obstacles.’’ 1 Moreover, when Homeland 

Security Secretary Michael Chertoff testified before the Senate 

Homeland Security and Governmental Affairs Committee in September 2007, he confirmed that ‘‘the [terrorists’] attack weapon of 

choice still is the IED.’’ 2 Indeed, the 2007 National Intelligence Estimate on the ‘‘Terrorist Threat to the U.S. Homeland’’ warns that 

al-Qaeda will continue to enhance its capabilities to attack the 

United States by using explosives and other weapons.3

As an empirical matter, the use of IEDs is tragically on the rise. 

Terrorist bombings occur daily around the world—not only in war 

zones, but in civilian areas as well. The 2007 vehicle-borne IED attacks in London and Glasgow, the 2004 commuter train bombing 

in Madrid, the 2005 mass transit bombing in London, and the 

thwarted attack by homegrown terrorists on John F. Kennedy Airport in New York City in 2007 serve as sobering reminders of the 

threat to Americans. 

Based on these intelligence estimates and the increasing incidence of IED attacks worldwide, Congress directed the Department 

to develop a national strategy for bombing prevention in the Department of Homeland Security Appropriations Act of 2007 (P.L. 

109–295). The Administration subsequently released a Presidential 

directive in February 2007 to safeguard our nation, its people, and 

critical infrastructure and key resources from domestic IEDs. 

Homeland Security Presidential Directive (HSPD)–19, entitled 

‘‘Combating Terrorist Use of Explosives in the United States,’’ establishes a national policy and directs the Departments of Justice 

and Homeland Security to develop a national strategy and implementation plan to prevent, detect, protect against, and respond to 

terrorist use of explosives in the United States. The release of 

HSPD–19 delayed the delivery of the congressionally mandated 

strategy, which was received by Congress in January 2008, by a 

year. Although the Administration has made progress in impleVerDate Aug 31 2005 06:41 Sep 27, 2008 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR481.XXX SR481

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menting the requirements of HSPD–19, much work remains to be 

done, particularly to finalize the implementation plan called for in 

the national strategy. 

OBP, which the Department administratively established in 2004 

as part of the Office of Infrastructure Protection, leads the Department’s efforts to implement HSPD–19. Among its many responsibilities, OBP coordinates the Department’s counter-IED efforts, analyzes State and local requirements and capabilities, and promotes 

counter-IED information sharing and security awareness programs. 

Notwithstanding these critical missions, neither the Administration 

nor Congress has done enough to support OBP’s critical missions. 

Since its inception, OBP has been chronically underfunded and 

understaffed. 

This legislation would remedy these problems. By enumerating 

OBP’s responsibilities and authorizing sufficient funding to fulfill 

them, S. 2292 will elevate OBP’s stature within the Department as 

well as across the Federal government. 

This legislation will also help the United States improve its scientific and technological ability to counter an IED attack on the 

homeland. As the terrorist threat to our Nation continues to evolve, 

so must our technology. Therefore, S. 2292 would encourage the development and dissemination of counter-IED technologies, especially the transfer of innovative military technologies, to State and 

local authorities to enhance their ability to prevent, detect, protect 

against, and respond to the threat of terrorist explosives in their 

communities. Although the Federal government has spent billions 

of dollars on military counter-IED technologies, civilian authorities 

have not, for the most part, benefited from this substantial investment. And, although some technology transfer authorities exist, no 

coordinated effort to disseminate this important technology to our 

Nation’s emergency response providers has been maintained successfully. 

III. LEGISLATIVE HISTORY

S. 2292 was introduced by Senators Collins and Lieberman on 

November 1, 2007. The bill was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs on the 

same day. Senators Craig and Crapo were subsequently added as 

co-sponsors. 

On November 14, 2007, the Committee considered S. 2292. 

The Committee adopted a substitute amendment offered by Senators Collins and Lieberman by voice vote. Senators present were 

Lieberman, Carper, McCaskill, Tester, Collins, Stevens, Voinovich, 

Coleman, and Coburn. The substitute amendment primarily made 

technical and clarifying changes, such as ensuring appropriate coordination with the Department of Justice on the Department’s 

counter-IED efforts. 

The Committee ordered the bill as amended favorably reported 

to the full Senate by voice vote. Senators present were Lieberman, 

Carper, McCaskill, Tester, Collins, Stevens, Voinovich, Coleman, 

and Coburn. 


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IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 establishes the short title of S. 2292 as the ‘‘National 

Bombing Prevention Act of 2007.’’ 

Section 2. Bombing prevention 

Section 2 amends Subtitle A of title II of the Homeland Security 

Act of 2002 (6 U.S.C. 121 et seq.) to establish OBP within the Department’s Office of Infrastructure Protection. The Committee recognizes that OBP currently exists within the Department and is responsible for many of the responsibilities that would be assigned by 

this Act. But, by authorizing OBP and enumerating its responsibilities, the Committee hopes to elevate OBP’s stature within the Department. In doing so, however, it is not the Committee’s intent to 

alter OBP’s currently existing responsibilities or otherwise undermine the ongoing activities of the Department of Justice (DoJ), the 

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or the 

Federal Bureau of Investigation (FBI). To that end, this section requires OBP to consult and coordinate extensively with the Attorney 

General in regard to many of its important activities under this 

Act. 

Pursuant to this section, OBP will have primary responsibility 

within the Department for enhancing the ability, and coordinating 

the efforts, of our Nation to deter, detect, prevent, protect against, 

and respond to terrorist explosive attacks. In this lead capacity, 

OBP will ensure that the Department’s programs designed to 

counter terrorist explosive attacks function together efficiently and 

effectively. Specifically, within the Department, OBP will be responsible for: (1) coordinating national and intergovernmental 

bombing prevention activities to ensure those activities work toward achieving common national goals; (2) assisting State and local 

governments in developing multi-jurisdictional IED security plans; 

(3) coordinating the development and implementation of national 

explosives detection canine training, certification, and performance 

standards; and (4) developing programmatic guidance and permitted uses for bombing prevention activities funded by Federal 

homeland security assistance administered by the Department. 

Section 2 also requires OBP to analyze the bombing prevention 

capabilities and requirements that State and local governments 

need to deter, prevent, detect, protect against, and respond to terrorist explosive attacks. Specifically, OBP shall maintain a national 

analysis database on State and local operational capabilities which 

the Department will use to evaluate national progress in closing 

any identified gaps and help better guide the Department’s resource allocation decisions. 

Moreover, this section directs OBP to expand its efforts to promote information sharing on sensitive material relating to terrorist 

explosives. This includes operating and maintaining a secure electronic information sharing system, educating the public and private 

sectors about explosive precursor chemicals, developing and sharing counter-IED best practices with foreign allies, and executing a 

national public awareness campaign. In expanding its information 

sharing efforts, however, it is not the Committee’s intent for OBP 

to duplicate other technical- and law-enforcement-focused informaVerDate Aug 31 2005 06:10 Sep 27, 2008 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR481.XXX SR481

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tion sharing networks under the purview of the Attorney General 

or other Departments and agencies. Rather, the Committee encourages the Departments of Homeland Security and Justice to work 

more cooperatively in sharing information with State and local 

partners by, among other things, linking their information sharing 

networks and engaging in joint outreach and community awareness 

campaigns. 

For the establishment of OBP and the execution of the aforementioned responsibilities, section 2 authorizes appropriations of $10 

million for fiscal year 2008, $25 million for each of fiscal years 2009 

and 2010, and such sums as are necessary for each year thereafter. 

Finally, section 2 of this Act would amend Subtitle A of title II 

of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) to require the President to draft and regularly update a national strategy to prevent and prepare for terrorist attacks in the United 

States using explosives or IEDs. 

Section 3. Explosives technology development and transfer 

Subsection 3(a) amends title III of the Homeland Security Act of 

2002 (6 U.S.C. 181 et seq.) to require the Secretary to coordinate 

counter-explosives research and development across the Federal 

government and facilitate the transfer of the military’s counter-IED 

technology, as appropriate, to State and local governments, emergency response providers, and others. 

Section 3 requires the Secretary, acting through the Under Secretary for Science and Technology (S&T), to coordinate the Federal 

government’s civilian research, development, testing, and evaluation (RDT&E) activities related to the detection and prevention of, 

protection against, and response to terrorist explosive attacks within the United States. Numerous Federal Departments and agencies, including the Department of Energy’s national laboratories, 

engage in civilian, counter-explosive RDT&E activities. This section 

will ensure all such activities are coordinated and that the various 

Federal investments in counter-explosive RDT&E technology are 

used efficiently. 

This section also directs the Secretary, acting through the Under 

Secretary for S&T, and the Secretary of Defense, to ensure that 

military information and RDT&E activities relating to terrorist 

bombs are applied to nonmilitary uses. 

Further, this section instructs the Secretary, acting through the 

Under Secretary for S&T, and in coordination with the Secretary 

of Defense and the Attorney General, to establish a technology 

transfer program to facilitate the identification, modification, and 

commercialization of technology and equipment for use by Federal, 

State and local governments, emergency response providers, and 

the private sector to deter, prevent, detect, protect, and respond to 

explosive attacks within the United States. It also requires the Secretary to establish a working group, or utilize an appropriate existing interagency body, such as the Technical Support Working 

Group, to advise and assist in the identification of military technologies designed to deter, prevent, detect, protect, or respond to 

terrorist explosive attacks. 


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Section 4. Savings clause 

This section would provide that nothing in the Act should be construed to limit or otherwise affect the authorities or responsibilities 

of the Attorney General. The Committee fully recognizes that DoJ, 

the ATF, and the FBI engage in many vitally important counterIED activities. This provision simply makes it unambiguously clear 

that the Committee does not intend to diminish or impede their efforts. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirement of paragraph 11(b)(1) of rule XXVI 

of the Standing Rules of the Senate the Committee has considered 

the regulatory impact of this bill. CBO states that there are no 

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and no costs on State, local, or tribal 

governments. The legislation contains no other regulatory impact. 

VI. ESTIMATED COST OF LEGISLATION

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, January 14, 2008. 

Hon. JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2292, the National Bombing 

Prevention Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jason Wheelock. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

S. 2292—National Bombing Prevention Act of 2007 

S. 2292 would authorize appropriations for the Office of Bombing 

Prevention (OBP) of $25 million in 2009 and 2010, and such sums 

as necessary thereafter. Assuming that the authorized amounts 

would be appropriated for 2009 and 2010, and that appropriations 

would increase with inflation thereafter, CBO estimates that implementing S. 2292 would cost $106 million over the 2009–2013 period. Enacting S. 2292 would not affect direct spending or revenues. 

S. 2292 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The estimated budgetary impact of S. 2292 is shown in the following table. The costs of this legislation fall within budget function 050 (national defense). 


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By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority a .......................................................................... 10 0 0 0 0 0 

Estimated Outlays ........................................................................... 5 4 1 0 0 0 

Proposed Changes: 

Estimated Authorization Level ......................................................... 0 25 25 26 26 27 

Estimated Outlays ........................................................................... 0 11 21 24 25 25 

Spending Under S. 2292: 

Estimated Authorization Level ......................................................... 10 25 25 26 26 27 

Estimated Outlays ........................................................................... 5 15 22 24 25 25 

a The 2008 amount is the amount appropriated for the Office of Bombing Prevention in 2008. 

OBP was created in 2003 and is part of the National Protection 

and Programs Directorate of the Department of Homeland Security 

(DHS). OBP is responsible for building awareness of threats posed 

by improvised explosive devices (IEDs) and coordinating DHS’s efforts to protect against IED attacks in the United States. Although 

there is no specific statutory authorization for the office, OBP received appropriations of approximately $3 million in 2007 and $10 

million in 2008. Section 2 would amend the Homeland Security Act 

of 2002 (Public Law 109–296) to provide such authorization, and 

would confirm the office’s lead role in coordinating federal programs designed to protect against IED attacks in the United 

States. 

The CBO staff contact for this estimate is Jason Wheelock. This 

estimate was approved by Keith Fontenot, Deputy Assistant Director for Health and Human Resources, Budget Analysis Division. 

VII. CHANGES TO EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows: (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

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: 

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

‘‘(a) IN GENERAL.—There is in the Department an Office for 

Bombing Prevention (in this section referred to as ‘the Office’) within the Office of Infrastructure Protection. 

‘‘(b) 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, and respond to terrorist explosive attacks, including 

by— 

‘‘(1) serving as the lead agency of the Department for ensuring 

that programs designed to counter terrorist explosive attacks 

nationwide, function together efficiently to meet the evolving 

threat from explosives and improvised explosive devices; 


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‘‘(2) coordinating, in consultation with the National Domestic 

Preparedness Consortium of the Department, 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 State and local governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks 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) in consultation with the Attorney General, 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, and testing and evaluation, and related requirements; 

‘‘(4) promoting secure information sharing of sensitive material relating to terrorist explosives 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) in consultation with the Attorney General, 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 

and the Attorney General, to develop and share effective 

practices to deter, prevent, detect, protect, and respond to 

terrorist explosive attacks; 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 Nation; 

‘‘(5) assisting, in consultation with the Administrator of the 

Federal Emergency Management Agency, State and local 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, and local governments to deter, prevent, detect, 

protect, and respond to terrorist explosive attacks; 

‘‘(7) coordinating the efforts of the Department relating to, 

and assisting, in consultation with the Attorney General, departments and agencies of the Federal, State, local government, 

and private sector business in, developing and implementing 


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national explosives detection canine training, certification, and 

performance standards; 

‘‘(8) ensuring the implementation of any recommendations 

contained in the national strategy described in section 210G, including developing, maintaining, and tracking progress toward 

achieving objectives to reduce the Nation’s vulnerability to terrorist attacks using explosives or improvised explosive devices; 

and 

‘‘(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. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

carry out this section— 

‘‘(A) $10,000,000 for fiscal year 2008; 

‘‘(B) $25,000,000 for each of fiscal years 2009 through 

2010; and 

‘‘(C) such sums as are necessary for each fiscal year 

thereafter. 

‘‘(2) AVAILABILITY.—Amounts made available pursuant to this 

subsection shall remain available until expended. 

‘‘SEC. 210G. NATIONAL STRATEGY. 

‘‘(a) IN GENERAL.—The President shall develop and periodically 

update a national strategy to prevent and prepare for terrorist attacks in the United States using explosives or improvised explosive 

devices. 

‘‘(b) DEVELOPMENT.—Not later than 90 days after the date of enactment of this section, the President shall develop the national 

strategy described in subsection (a). 

‘‘(c) REPORTING.—Not later than 6 months after the date of submission of the report regarding each quadrennial homeland security 

review conducted under section 707(c), the President shall submit to 

the Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Homeland Security of the House 

of Representatives a report regarding the national strategy described 

in 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: 

‘‘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: 


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‘‘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 coordinate nonmilitary 

research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention of, protection against, and response to explosive attacks within the United 

States, and the development of bomb squad tools and technologies 

necessary to neutralize and disable explosive devices. 

‘‘(b) 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 information and research, development, testing, and evaluation activities relating to the detection 

and prevention of, protection against, and response to explosive attacks, and the development of tools and technologies necessary to 

neutralize and disable explosive devices, are applied 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 State and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, 

protect, and respond to explosive attacks within the United States. 

‘‘(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 State, and local governments, to assist in the determination of training and technology requirements for State and 

local governments, emergency response providers, and the private sector; 

‘‘(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to explosive attacks 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 explosive attacks; 

‘‘(4) communicating, in coordination with the Attorney General, 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 


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specifications of such technology, indicating whether such technology satisfies appropriate standards, and identifying grants, 

if any, available from the Department to purchase such technology; and 

‘‘(5) in coordination with the Attorney General, developing 

and deploying electronic countermeasures to— 

‘‘(A) protect high-risk targets; and 

‘‘(B) serve as a pilot initiative of the technology transfer 

program described in paragraphs (1) through (4). 

‘‘(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 Attorney General 

and the Secretary of Defense, and in a manner consistent with protection of sensitive sources and methods, shall establish a working 

group, or use an appropriate interagency body in existence on the 

date of enactment of this section, to advise and assist in the identification of military technologies designed to deter, prevent, detect, 

protect, or respond to 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: 

‘‘Sec. 318. Explosives research and development. 

‘‘Sec. 319. Technology transfer.’’. 

SEC. 4. SAVINGS CLAUSE. 

Nothing in this Act or the amendments made by this Act may be 

construed to limit or otherwise affect the authorities or responsibilities of the Attorney General. 

Æ 


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