[House Report 110-689]
[From the U.S. Government Publishing Office]



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''.

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, 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.
  ``(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:

``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.''.

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:
    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.
    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.
    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.

                   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 educational 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.
    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. 210F. Office for Bombing 
                                      Prevention.
                                      Sec. 210G. National strategy.
     * * * * * * *

    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, 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, 
        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.
  (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.

           *       *       *       *       *       *       *


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;
          (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 [utilization 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.

           *       *       *       *       *       *       *


                                  
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