69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–689 

NATIONAL BOMBING PREVENTION ACT OF 2008 

JUNE 5, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R. 4749] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 4749) 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, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 5 

Background and Need for Legislation .................................................................... 5 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 6 

Committee Oversight Findings ............................................................................... 6 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 6 

Congressional Budget Office Estimate ................................................................... 6 

Statement of General Performance Goals and Objectives .................................... 8 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 8 

Federal Mandates Statement ................................................................................. 8 

Advisory Committee Statement .............................................................................. 8 

Constitutional Authority Statement ...................................................................... 9 

Applicability to Legislative Branch ........................................................................ 9 

Section-by-Section Analysis of the Legislation ...................................................... 9 

Changes in Existing Law Made by the Bill, as Reported ..................................... 11 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Bombing Prevention Act of 2008’’. 


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SEC. 2. BOMBING PREVENTION. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security Act of 2002 (6 

U.S.C. 121 et seq.) is amended by adding at the end the following new section: 

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

‘‘(a) IN GENERAL.—The Secretary shall establish within the Protective Security 

Coordination Division of the Office of Infrastructure Protection of the Department 

an Office for Bombing Prevention (in this section referred to as ‘the Office’). 

‘‘(b) RESPONSIBILITIES.—The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the 

United States, including by— 

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

designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices; 

‘‘(2) coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals; 

‘‘(3) conducting analysis of the capabilities and requirements necessary for 

Federal, State, local, and tribal governments to deter, prevent, detect, protect 

against, and assist in any response to terrorist explosive attacks in the United 

States by— 

‘‘(A) maintaining a national analysis database on the capabilities of bomb 

squads, explosive detection canine teams, tactics teams, and public safety 

dive teams; and 

‘‘(B) applying the analysis derived from the database described in subparagraph (A) in— 

‘‘(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and 

‘‘(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, 

and related requirements; 

‘‘(4) promoting secure information sharing of sensitive material and promoting 

security awareness, including by— 

‘‘(A) operating and maintaining a secure information sharing system that 

allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures; 

‘‘(B) educating the public and private sectors about explosive precursor 

chemicals; 

‘‘(C) working with international partners, in coordination with the Office 

for International Affairs of the Department, to develop and share effective 

practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; and 

‘‘(D) executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States; 

‘‘(5) assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions; 

‘‘(6) helping to ensure, in coordination with the Under Secretary for Science 

and Technology and the Administrator of the Federal Emergency Management 

Agency, the identification and availability of effective technology applications 

through field pilot testing and acquisition of such technology applications by 

Federal, State, local, and tribal governments to deter, prevent, detect, protect, 

and respond to terrorist explosive attacks in the United States; 

‘‘(7) coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and 

private sector business in, developing and implementing national explosives detection training, certification, and performance standards; 

‘‘(8) ensuring the implementation of any recommendations in the national 

strategy required under section 210G, including developing, maintaining, and 

tracking progress toward achieving objectives to reduce the vulnerability of the 

United States to terrorist explosive attacks; 

‘‘(9) developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for 

bombing prevention activities funded by homeland security assistance administered by the Department; and 

‘‘(10) establishing and executing a public awareness campaign to inform the 

general public and private sector businesses on ways they can deter, detect, preVerDate Aug 31 2005 04:24 Jun 07, 2008 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR689.XXX HR689

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vent, protect against, and respond to terrorist explosive attacks in the United 

States, that— 

‘‘(A) utilizes a broad spectrum of both mainstream and specialty print, 

radio, television outlets, and the Internet; 

‘‘(B) utilizes small and disadvantaged businesses, as defined under the 

Small Business Act (15 U.S.C. 631 et seq.); and 

‘‘(C) ensures that the public awareness messages under the campaign 

reach and are understandable to underserved populations, including— 

‘‘(i) persons with physical and mental disabilities, health problems, 

visual impairments, hearing impairments, limited English proficiency, 

and literacy barriers; 

‘‘(ii) socially and economically disadvantaged households and communities; 

‘‘(iii) the elderly; and 

‘‘(iv) children. 

‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to affect the authority of the Administrator of the Federal Emergency 

Management Agency. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

section— 

‘‘(A) $10,000,000 for fiscal year 2009; 

‘‘(B) $25,000,000 for each of fiscal years 2010 through 2012; and 

‘‘(C) such sums as may be necessary for each subsequent fiscal year. 

‘‘(2) AVAILABILITY.—Amounts made available pursuant to paragraph (1) are 

authorized to remain available until expended. 

‘‘(e) ENHANCEMENT OF EXPLOSIVES DETECTION CANINE RESOURCES AND CAPABILITIES.—To enhance the Nation’s explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, 

State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the 

private sector— 

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

‘‘(A) develop a pilot program that includes a domestic breeding program 

for purpose-bred explosives detection canines; and 

‘‘(B) increase the current number of capability assessments of explosives 

detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts; 

‘‘(2) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide 

for effective domestic preparedness and collective response to terrorism through 

the effective use of explosives detection canines for explosives detection canines; 

and 

‘‘(3) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. 

‘‘SEC. 210G. NATIONAL STRATEGY. 

‘‘(a) IN GENERAL.—The Secretary shall develop and periodically update a national 

strategy to prevent and prepare for terrorist explosive attacks in the United States. 

‘‘(b) DEVELOPMENT.—Not later than 90 days after the date of the enactment of 

this section, the Secretary shall develop the national strategy required under subsection (a). 

‘‘(c) REPORTING.—Not later than six months after the date of the submission of 

the report regarding each quadrennial homeland security review conducted under 

section 707, the Secretary shall submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required 

under subsection (a), which shall include recommendations, if any, for deterring, 

preventing, detecting, protecting against, and responding to terrorist attacks in the 

United States using explosives or improvised explosive devices, including any such 

recommendations relating to coordinating the efforts of Federal, State, local, and 

tribal governments, emergency response providers, and the private sector.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following new items: 


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

‘‘Sec. 210G. National strategy.’’. 

SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 

et seq.) is amended by adding at the end the following new sections: 

‘‘SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Science 

and Technology, and in coordination with the Under Secretary for National Protection and Programs, the Attorney General, the Secretary of Defense, and the head 

of any other relevant Federal department or agency, shall ensure coordination and 

information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention 

of, protection against, and response to terrorist attacks in the United States using 

explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. 

‘‘(b) LEVERAGING MILITARY RESEARCH.—The Secretary, acting through the Under 

Secretary for Science and Technology, and in coordination with the Under Secretary 

for National Protection and Programs, shall coordinate with the Secretary of Defense and the head of any other relevant Federal department or agency to ensure 

that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the detection and 

prevention of, protection against, and response to terrorist attacks using explosives 

or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses. 

‘‘SEC. 319. TECHNOLOGY TRANSFER. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Science 

and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the 

identification, modification, and commercialization of technology and equipment for 

use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and respond to terrorist attacks in the United States using explosives or improvised explosive devices. 

‘‘(b) PROGRAM.—The activities under the program established under subsection (a) 

shall include— 

‘‘(1) applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical 

teams, and public safety dive teams of Federal, State, and local governments, 

to determine the training and technology requirements for Federal, State, and 

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

‘‘(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private 

sector, foreign governments, or international organizations; 

‘‘(3) reviewing whether a technology described in paragraph (2) may be useful 

in assisting Federal, State, or local governments, emergency response providers, 

or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices; and 

‘‘(4) communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, 

and identifying grants, if any, available from the Department to purchase any 

such technology. 

‘‘(c) WORKING GROUP.—To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of 

sensitive sources and methods, shall establish a working group to advise and assist 

in the identification of military technologies designed to deter, prevent, detect, protect, or respond to terrorist explosive attacks that are in the process of being developed, or are developed, by the Department of Defense or the private sector.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 317 the following new items: 

‘‘Sec. 318. Explosives research and development. 

‘‘Sec. 319. Technology transfer.’’. 


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SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS. 

Section 1307(f) of the Implementing Recommendations of the 9/11 Commission Act 

of 2007 (Public Law 110–53; 121 Stat. 395) is amended by striking ‘‘utilization’’ and 

all that follows through the end of the sentence and inserting ‘‘utilization of explosives detection canine teams, by the Transportation Security Administration and all 

other agencies of the Department of Homeland Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine 

detection teams of the Department.’’. 

SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES. 

The Secretary of Homeland Security shall submit a report to the Committee on 

Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not later than 180 days 

after the date of the enactment of this Act examining the administration of canine 

procurement activities by the Department of Homeland Security to deter, prevent, 

detect, and protect against terrorist explosive attacks in the United States, that includes consideration of the feasibility of reducing the price paid for the procurement 

of untrained canines, including by utilizing an expanded pool of breeds, procuring 

canines from domestic breeders, and acquiring canines from animal shelters, rescue 

societies, and other not-for-profit entities. 

PURPOSE AND SUMMARY

The purpose of H.R. 4749 is to amend the Homeland Security Act 

of 2002 to establish the Office for Bombing Prevention, to address 

terrorist explosive threats, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Explosives are one of the most commonly used terrorist weapons 

worldwide. A National strategy is needed to deal with this threat. 

Many agencies within the Federal Government play a role in prevention and detection of, protection against, and response to terrorist use of explosives. It is important to designate an overall coordinator for this mission. This legislation authorizes in statute the 

Office of Bombing Prevention within the Department of Homeland 

Security for this purpose. Appropriations for this office were authorized in Title III of H.R. 2638, the Department of Homeland Security Appropriations Act, 2008, as passed by the House of Representatives. 

HEARINGS

No Committee hearings were held on H.R. 4749. 

COMMITTEE CONSIDERATION

H.R. 4749 was introduced in the House on December 17, 2007, 

by Mr. King of New York and Mr. Thompson of Mississippi, and 

referred solely to the Committee on Homeland Security. Within the 

Committee, H.R. 5749 was referred to the Subcommittee on Transportation Security and Infrastructure Protection. 

The Subcommittee on Transportation Security and Infrastructure 

Protection met on May 1, 2008, considered H.R. 4749, and adopted 

H.R. 4749, without amendment, by voice vote. 

The Chairman discharged the Subcommittee on Transportation 

Security and Infrastructure Protection from further consideration 

of H.R. 4749 on May 20, 2008. 

The Committee on Homeland Security considered H.R. 4749 on 

May 20, 2008, and ordered the measure reported to the House with 

a favorable recommendation, as amended, by voice vote. 

The following amendments were offered: 


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An amendment offered by Mr. Green (#1); on page 5, strike ‘‘and’’ 

after the semicolon at line 12, strike the period at line 18 and insert ‘‘; and’’, and after line 18 insert a new subsection (10); was 

AGREED TO by voice vote. 

An en bloc amendment offered by Mr. Rogers (#2); at the end of 

proposed section 210F, add a new subsection (d) entitled ‘‘Enhancement of Explosives Detection Canine Resources and Capabilities.’’ 

and to add at the end a new section entitled ‘‘GAO Study of Explosives Detection Canine Teams’’; was AGREED TO by voice vote. 

An amendment offered by Ms. Jackson-Lee (#3); add at the end 

a new section entitled ‘‘Report on Canine Procurement Activities.’’; 

was AGREED TO by voice vote. 

An amendment offered by Mr. Thompson (#4); page 5, after line 

18, insert a new subsection (c) entitled ‘‘Limitation on Statutory 

Construction.’’, and making conforming changes; was AGREED TO 

by voice vote. 

COMMITTEE VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. 

No record votes were requested during Committee consideration. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 4749, the 

National Bombing Prevention Act of 2007, would result in no new 

or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 30, 2008. 

Hon. Bennie G. Thompson, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4749, the National Bombing Prevention Act of 2008. 


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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. 

H.R. 4749—National Bombing Prevention Act of 2008 

Summary: H.R. 4749 would amend title 2 of the Homeland Security Act of 2002 (Public Law 109–296) to provide statutory authorization for the Office of Bombing Prevention (OBP). For that office, 

the bill would authorize appropriations of $10 million in 2009, $25 

million a year over the 2010–2012 period, and such sums as needed 

thereafter. 

Assuming appropriation of the amounts specified by the bill for 

2009 through 2012, and that annual appropriations increase with 

inflation thereafter, CBO estimates that implementing H.R. 4749 

would cost $89 million over the 2009–2013 period. Enacting H.R. 

4749 would not affect direct spending or revenues. 

H.R. 4749 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4749 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 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 10 25 25 25 26 111 

Estimated Outlays ........................................................................ 5 15 22 23 24 89 

Basis of estimate: The Office of Bombing Prevention 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 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. 

In addition, H.R. 4749 would authorize appropriations for OBP 

of $10 million in 2009, $25 million annually over the 2010–2012 period, and such sums as necessary thereafter. Assuming that the authorized amounts would be appropriated annually for fiscal years 

2009 through 2012, and that annual appropriations would increase 

with inflation thereafter, CBO estimates that implementing H.R. 

4749 would cost $89 million over the 2009–2013 period. CBO based 

its estimate of spending on historical spending patterns for similar 

activities. 


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Intergovernmental and private-sector impact: H.R. 4749 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimate: On January 14, 2008, CBO transmitted 

a cost estimate for S. 2292, the National Bombing Prevention Act 

of 2007, as ordered reported by the Senate Committee on Homeland Security 2 and Governmental Affairs on November 14, 2007. 

CBO estimated that implementing S. 2292 would cost $106 million 

over the 2009–2013 period. The difference in the estimates reflects 

differences in the bills. In particular, S. 2292 would authorize $25 

million in 2009 and 2010 and such sums as necessary thereafter, 

whereas H.R. 4749 would authorize $10 million in 2009, $25 million annually over the 2010–2012 period, and such sums as necessary thereafter. 

Estimate prepared by: Federal Costs: Jason Wheelock; Impact on 

State, Local, and Tribal Governments: Neil Hood; Impact on the 

Private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

of Representatives, H.R. 4749 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

H.R. 4749 seeks to enhance our Nation’s ability to prepare, detect, and respond to explosive attacks. It authorizes in statute the 

Office of Bombing Prevention within the Protective Security Coordination Division, Office of Infrastructure Protection, Department 

of Homeland Security. This Office will coordinate U.S. Government 

efforts, and provide information to State, local, and tribal authorities, private sector entities, and the general public, to enhance the 

Nation’s ability to address this threat. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with Rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of the Rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section establishes the short title of H.R. 4749 as the ‘‘National Bombing Prevention Act of 2008’’. 

Section 2. Bombing prevention 

This section amends Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) by adding at the end a new 

section 210F establishing the Office of Bombing Prevention (The 

Office) within the Protective Security Coordination Division of the 

Office of Infrastructure Protection of the Department of Homeland 

Security (Department). The Committee recognizes that the Department currently has an established Office of Bombing Prevention 

that is responsible for many of the responsibilities authorized and 

required in this Act. It is the Committee’s intent to authorize this 

Office and not to dramatically alter its current responsibilities or 

authorities. 

Under this section, the Office is responsible for coordinating the 

Government efforts to deter, detect, prevent, protect against, and 

respond to terrorist explosive attacks in the United States. The Office is required to conduct analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments 

to deter, prevent, detect, protect against, and assist in any response 

to terrorist explosive attacks in the United States, specifically by 

maintaining a national analysis database on the capabilities of 

bomb squads, explosive detection canine teams, tactics teams, and 

public safety dive teams. 

The Committee recognizes that Federal agencies, State, local, 

and tribal governments all have important and interdependent 

roles to play in the National effort to prevent terrorist explosive attacks. The Committee strongly believes that the Office is needed to 

act as overall coordinator for U.S. Federal government agencies. 

The Committee does not intend for the Office to affect the authority of any other agency, but rather to enhance and support other 

agencies’ efforts. 

The Committee intends that under this section, the Office will 

operate a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures. The Office will play an eduVerDate Aug 31 2005 04:24 Jun 07, 2008 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR689.XXX HR689

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cational and coordination role for Federal, State, and local governments and provide public education. 

Section 210F(b) requires the Office to establish and execute a 

public awareness campaign. This campaign should target not only 

the general public, but also businesses, law enforcement, and others that may be in the best position to recognize suspicious behavior that may prevent or deter an explosive attack. The Committee 

strongly believes that an informed public is one of our Nation’s best 

defenses against terrorist activities. The Committee recognizes, 

however, that numerous Federal agencies conduct public awareness 

campaigns with regards to explosives, and believes the Office 

should coordinate with the agencies to leverage existing efforts. 

The Committee recognizes that canine detection teams are often 

the most useful prevention technique against explosive attacks in 

public areas. In Section 4, the bill clarifies a current requirement 

of the Implementing the 9/11 Commission Recommendations Act 

(P.L. 110–53) that the Government Accountability Office study of 

the utilization of explosives detection canine teams focus not only 

on teams utilized by the Transportation Security Administration, 

but also all other agencies within the Department of Homeland Security that use explosives detection canine teams. Section 210F(e) 

requires a pilot project for a domestic breeding program for explosives detection canines; enhancement of consensus-based national 

training and certification standards; and research and capability 

assessments for explosives detection canines. Finally, Section 210F(d) authorizes $10,000,000 for Fiscal Year 2009 and $25,000,000 for each of fiscal years 2010 through 2012; 

and such sums as may be necessary for each subsequent fiscal 

year. The FY 2008 funding for the Office was $9.5 million and the FY 2009 budget request is $8.1 million. The Committee recognizes that 

the most widely used terrorist weapon worldwide is explosives. 

Much more attention must be paid to this threat and the efforts 

of the Office require increased resources in the coming years to accomplish this mission. 

Section 210G. National strategy 

This section requires the Secretary of Homeland Security to develop and periodically update a National Strategy to prevent and 

prepare for terrorist explosive attacks in the United States due 90 

days after the date of enactment. The Secretary is also required to 

report to Congress regarding the National Strategy. 

The Committee notes that while the Department has issued such 

a strategy in accordance with Homeland Security Presidential Directive 19 (HSPD–19), ‘‘Combating Terrorist Use of Explosives in 

the United States’’ in December 2007, implementation plan for this 

Strategy has yet been completed. The Committee intends this provision to convey a sense of urgency for the implementation of such 

Strategy. 

Section 3. Explosives technology development and transfer 

This section amends title III of the Homeland Security Act of 

2002 (6 U.S.C. 181 et seq.) by adding at the end the new sections 

318 and 319 regarding explosives research and development and 

technology transfer. 


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Section 318 requires the Secretary of Homeland Security to ensure coordination and information sharing regarding nonmilitary 

research, development, testing, and evaluation activities of the Federal Government for detection and prevention of, protection 

against, and response to terrorist attacks in the United States 

using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable 

explosive devices. 

The Secretary is required to coordinate with the Secretary of Defense and the head of any other relevant Federal department or 

agency to ensure that, to the maximum extent possible, military 

policies and procedures, and research, development, testing, and 

evaluation activities relating to the detection and prevention of, 

protection against, and response to terrorist attacks using explosives or improvised explosive devices, and the development of tools 

and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses. 

The Committee believes that civilian and military research in explosives detection, mitigation, hardening, response and recovery 

need to be expanded and capitalized upon. 

Section 319 requires the Secretary establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, 

State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and 

respond to terrorist attacks in the United States using explosives 

or improvised explosive devices. 

The Committee believes that lessons learned and technologies developed by our military in Iraq and Afghanistan must be effectively 

transferred to domestic agencies such as the Department and other 

Federal, State, local, and tribal entities, to best protect the United 

States against terrorist explosive attacks. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

SUBTITLE A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION; 

ACCESS TO INFORMATION

* * * * * * * 

Sec. 210G. National strategy. 

* * * * * * * 


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TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SECURITY 

* * * * * * * 

Sec. 318. Explosives research and development. 

Sec. 319. Technology transfer. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Information and Analysis and Infrastructure 

Protection; Access to Information 

* * * * * * * 

SEC. 210F. OFFICE FOR BOMBING PREVENTION. 

(a) IN GENERAL.—The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure 

Protection of the Department an Office for Bombing Prevention (in 

this section referred to as ‘‘the Office’’). 

(b) RESPONSIBILITIES.—The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the 

United States to deter, detect, prevent, protect against, and respond 

to terrorist explosive attacks in the United States, including by— 

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

that programs designed to counter terrorist explosive attacks in 

the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices; 

(2) coordinating national and intergovernmental bombing 

prevention activities to ensure those activities work toward 

achieving common national goals; 

(3) conducting analysis of the capabilities and requirements 

necessary for Federal, State, local, and tribal governments to 

deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by— 

(A) maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, 

tactics teams, and public safety dive teams; and 

(B) applying the analysis derived from the database described in subparagraph (A) in— 

(i) evaluating progress toward closing identified gaps 

relating to national strategic goals and standards; and 

(ii) informing decisions relating to homeland security 

policy, assistance, training, research, development efforts, testing and evaluation, and related requirements; 

(4) promoting secure information sharing of sensitive material and promoting security awareness, including by— 

(A) operating and maintaining a secure information 

sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, 

and procedures; 

(B) educating the public and private sectors about explosive precursor chemicals; 

(C) working with international partners, in coordination 

with the Office for International Affairs of the Department, 

to develop and share effective practices to deter, prevent, deVerDate Aug 31 2005 04:24 Jun 07, 2008 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR689.XXX HR689

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tect, protect, and respond to terrorist explosive attacks in 

the United States; and 

(D) executing national public awareness and vigilance 

campaigns relating to terrorist explosive threats, preventing 

explosive attacks, and activities and measures underway to 

safeguard the United States; 

(5) assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security 

plans for high-risk jurisdictions; 

(6) helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the 

Federal Emergency Management Agency, the identification and 

availability of effective technology applications through field 

pilot testing and acquisition of such technology applications by 

Federal, State, local, and tribal governments to deter, prevent, 

detect, protect, and respond to terrorist explosive attacks in the 

United States; 

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

assisting departments and agencies of Federal, State, local, and 

tribal governments, and private sector business in, developing 

and implementing national explosives detection training, certification, and performance standards; 

(8) ensuring the implementation of any recommendations in 

the national strategy required under section 210G, including 

developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to 

terrorist explosive attacks; 

(9) developing, in coordination with the Administrator of the 

Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department; and 

(10) establishing and executing a public awareness campaign 

to inform the general public and private sector businesses on 

ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that— 

(A) utilizes a broad spectrum of both mainstream and 

specialty print, radio, television outlets, and the Internet; 

(B) utilizes small and disadvantaged businesses, as defined under the Small Business Act (15 U.S.C. 631 et seq.); 

and 

(C) ensures that the public awareness messages under the 

campaign reach and are understandable to underserved 

populations, including— 

(i) persons with physical and mental disabilities, 

health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; 

(ii) socially and economically disadvantaged households and communities; 

(iii) the elderly; and 

(iv) children. 

(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency. 


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(d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section— (A) $10,000,000 for fiscal year 2009; 

(B) $25,000,000 for each of fiscal years 2010 through 

2012; and 

(C) such sums as may be necessary for each subsequent 

fiscal year. 

(2) AVAILABILITY.—Amounts made available pursuant to 

paragraph (1) are authorized to remain available until expended. 

(e) ENHANCEMENT OF EXPLOSIVES DETECTION CANINE RE- SOURCES AND CAPABILITIES.—To enhance the Nation’s explosives detection canine resources and capabilities the Secretary of Homeland 

Security shall, by partnering with other Federal, State, local, and 

tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector— 

(1) within 270 days after the date of the enactment of this 

subsection— 

(A) develop a pilot program that includes a domestic 

breeding program for purpose-bred explosives detection canines; and 

(B) increase the current number of capability assessments 

of explosives detection canine units to identify common 

challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts; 

(2) continue development of a scientifically-based training 

curriculum to enhance consensus-based national training and 

certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection 

canines; and 

(3) continue engagement in explosives detection canine research and development activities through partnerships with 

the Science and Technology Directorate and the Technical Support Working Group. 

SEC. 210G. NATIONAL STRATEGY. 

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

update a national strategy to prevent and prepare for terrorist explosive attacks in the United States. 

(b) DEVELOPMENT.—Not later than 90 days after the date of the 

enactment of this section, the Secretary shall develop the national 

strategy required under subsection (a). 

(c) REPORTING.—Not later than six months after the date of the 

submission of the report regarding each quadrennial homeland security review conducted under section 707, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required under subsection (a), which shall include recommendations, if any, for deterring, preventing, detecting, protecting against, 


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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. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF 

HOMELAND SECURITY 

* * * * * * * 

SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the 

Under Secretary for National Protection and Programs, the Attorney 

General, the Secretary of Defense, and the head of any other relevant Federal department or agency, shall ensure coordination and 

information sharing regarding nonmilitary research, development, 

testing, and evaluation activities of the Federal Government relating 

to the detection and prevention of, protection against, and response 

to terrorist attacks in the United States using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. 

(b) LEVERAGING MILITARY RESEARCH.—The Secretary, acting 

through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and 

Programs, shall coordinate with the Secretary of Defense and the 

head of any other relevant Federal department or agency to ensure 

that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities 

relating to the detection and prevention of, protection against, and 

response to terrorist attacks using explosives or improvised explosive 

devices, and the development of tools and technologies necessary to 

neutralize and disable explosive devices, are adapted to nonmilitary 

uses. 

SEC. 319. TECHNOLOGY TRANSFER. 

(a) IN GENERAL.—The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the 

Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the identification, 

modification, and commercialization of technology and equipment 

for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, 

detect, protect, and respond to terrorist attacks in the United States 

using explosives or improvised explosive devices. 

(b) PROGRAM.—The activities under the program established 

under subsection (a) shall include— 

(1) applying the analysis conducted under section 210F(b)(3) 

of the capabilities and requirements of bomb squad, explosive 

detection canine teams, tactical teams, and public safety dive 

teams of Federal, State, and local governments, to determine 

the training and technology requirements for Federal, State, 

and local governments, emergency response providers, and the 

private sector; 


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(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in 

the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private 

sector, foreign governments, or international organizations; 

(3) reviewing whether a technology described in paragraph (2) 

may be useful in assisting Federal, State, or local governments, 

emergency response providers, or the private sector in detecting, 

deterring, preventing, or responding to terrorist attacks using 

explosives or improvised explosive devices; and 

(4) communicating to Federal, State, and local governments, 

emergency response providers, and the private sector the availability of any technology described in paragraph (2), including 

providing the specifications of any such technology, indicating 

whether any such technology satisfies appropriate standards, 

and identifying grants, if any, available from the Department 

to purchase any such technology. 

(c) WORKING GROUP.—To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for 

Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of sensitive 

sources and methods, shall establish a working group to advise and 

assist in the identification of military technologies designed to deter, 

prevent, detect, protect, or respond to terrorist explosive attacks that 

are in the process of being developed, or are developed, by the Department of Defense or the private sector. 

* * * * * * * 

SECTION 1307 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007 

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM. 

(a) * * * 

* * * * * * * 

(f) STUDY.—Not later than 1 year after the date of enactment of 

this Act, the Comptroller General shall report to the appropriate 

congressional committees on the øutilization of explosives detection 

canine teams to strengthen security and the capacity of the national explosive detection canine team program.¿ utilization of explosives detection canine teams, by the Transportation Security Administration and all other agencies of the Department of Homeland 

Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine detection teams 

of the Department. 

* * * * * * * 

Æ 


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