```

[Senate Report 110-481]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                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
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TED STEVENS, Alaska
THOMAS R. CARPER, Delaware           GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas              NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana          TOM COBURN, Oklahoma
BARACK OBAMA, Illinois               PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri           JOHN WARNER, Virginia
JON TESTER, Montana                  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
                                                      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 explosive 
devices (IEDs). Finally, the legislation would encourage 
greater research, development, testing, and evaluation across 
the Federal government and accelerate the transfer of military 
counter-IED 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\
---------------------------------------------------------------------------
    \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.
    \2\The 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/_files/091007Chertoff.pdf.
    \3\Office of the Director of National Intelligence, 2007 National 
Intelligence Estimate: The Terrorist Threat to the U.S. Homeland (July 
17, 2007).
---------------------------------------------------------------------------
    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 implementing 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.

                    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 information 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.

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 counter-IED 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).

----------------------------------------------------------------------------------------------------------------
                                                                     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
----------------------------------------------------------------------------------------------------------------
aThe 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;
          ``(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 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:

``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 
        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.

                                  

```