[Senate Report 110-481]
[From the U.S. Government Publishing Office]
110th Congress
2d Session SENATE Report
110-481
_______________________________________________________________________
Calendar No. 1043
NATIONAL BOMBING PREVENTION ACT OF 2007
__________
R E P O R T
of the
COMMITTEE ON
HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2292
TO AMEND THE HOMELAND SECURITY ACT OF 2002, TO ESTABLISH THE OFFICE FOR
BOMBING PREVENTION, TO ADDRESS TERRORIST EXPLOSIVE THREATS, AND FOR
OTHER PURPOSES
September 23 (legislative day, September 17), 2008.--Ordered to be
printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Deborah P. Parkinson, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Devin F. O'Brien, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 1043
110th Congress Report
SENATE
2d Session 110-481
======================================================================
NATIONAL BOMBING PREVENTION ACT OF 2007
_______
September 23 (legislative day, September 17), 2008.--Ordered to be
printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2292]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2292) to amend the
Homeland Security Act of 2002, to establish the Office for
Bombing Prevention, to address terrorist explosive threats, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation.........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis.....................................4
V. Evaluation of Regulatory Impact.................................6
VI. Estimated Cost of Legislation...................................6
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. Purpose and Summary
The purpose of S. 2292 is to amend the Homeland Security
Act of 2002 to establish an Office for Bombing Prevention (OBP)
within the Department of Homeland Security (Department),
authorize appropriations for OBP for fiscal years 2008 through
2010, and enhance the Department's efforts to better prepare
State and local governments, emergency response providers, and
the private sector to deter, detect, prevent, protect against,
and respond to terrorist explosive attacks. In support of the
Department's efforts, the legislation would direct the
President of the United States to develop and periodically
update a National Strategy to prevent and prepare for domestic
terrorist attacks using explosives or improvised explosive
devices (IEDs). Finally, the legislation would encourage
greater research, development, testing, and evaluation across
the Federal government and accelerate the transfer of military
counter-IED technology to our nation's emergency response
providers, State and local governments, and the private sector.
II. Background and Need for the Legislation
The White House and the Intelligence Community (IC) have
identified terrorist explosives as one of the most likely
threats to the homeland. In his testimony on February 5, 2008,
before the Senate Select Committee on Intelligence, the
Director of National Intelligence stated that: ``We [in the IC]
judge use of a conventional explosive to be the most probable
al-Qaeda attack scenario because this group is proficient with
conventional small arms and improvised explosive devices and is
innovative in creating capabilities and overcoming security
obstacles.''\1\ Moreover, when Homeland Security Secretary
Michael Chertoff testified before the Senate Homeland Security
and Governmental Affairs Committee in September 2007, he
confirmed that ``the [terrorists'] attack weapon of choice
still is the IED.''\2\ Indeed, the 2007 National Intelligence
Estimate on the ``Terrorist Threat to the U.S. Homeland'' warns
that al-Qaeda will continue to enhance its capabilities to
attack the United States by using explosives and other
weapons.\3\
---------------------------------------------------------------------------
\1\J. Michael McConnell, Director of National Intelligence, Public
Testimony before the Senate Select Committee on Intelligence, Annual
Threat Assessment of the Director of National Intelligence, 02/05/2008,
available at http://intelligence.senate.gov/080205/mcconnell.pdf.
\2\The Honorable Michael Chertoff, United States Secretary of
Homeland Security, Public Testimony before the Senate Homeland Security
and Governmental Affairs Committee, Confronting the Terrorist Threat to
the Homeland: Six Years After 9/11, 09/10/07, available at
http://hsgac.senate.gov/public/_files/091007Chertoff.pdf.
\3\Office of the Director of National Intelligence, 2007 National
Intelligence Estimate: The Terrorist Threat to the U.S. Homeland (July
17, 2007).
---------------------------------------------------------------------------
As an empirical matter, the use of IEDs is tragically on
the rise. Terrorist bombings occur daily around the world--not
only in war zones, but in civilian areas as well. The 2007
vehicle-borne IED attacks in London and Glasgow, the 2004
commuter train bombing in Madrid, the 2005 mass transit bombing
in London, and the thwarted attack by homegrown terrorists on
John F. Kennedy Airport in New York City in 2007 serve as
sobering reminders of the threat to Americans.
Based on these intelligence estimates and the increasing
incidence of IED attacks worldwide, Congress directed the
Department to develop a national strategy for bombing
prevention in the Department of Homeland Security
Appropriations Act of 2007 (P.L. 109-295). The Administration
subsequently released a Presidential directive in February 2007
to safeguard our nation, its people, and critical
infrastructure and key resources from domestic IEDs. Homeland
Security Presidential Directive (HSPD)-19, entitled ``Combating
Terrorist Use of Explosives in the United States,'' establishes
a national policy and directs the Departments of Justice and
Homeland Security to develop a national strategy and
implementation plan to prevent, detect, protect against, and
respond to terrorist use of explosives in the United States.
The release of HSPD-19 delayed the delivery of the
congressionally mandated strategy, which was received by
Congress in January 2008, by a year. Although the
Administration has made progress in implementing the
requirements of HSPD-19, much work remains to be done,
particularly to finalize the implementation plan called for in
the national strategy.
OBP, which the Department administratively established in
2004 as part of the Office of Infrastructure Protection, leads
the Department's efforts to implement HSPD-19. Among its many
responsibilities, OBP coordinates the Department's counter-IED
efforts, analyzes State and local requirements and
capabilities, and promotes counter-IED information sharing and
security awareness programs. Notwithstanding these critical
missions, neither the Administration nor Congress has done
enough to support OBP's critical missions. Since its inception,
OBP has been chronically underfunded and understaffed.
This legislation would remedy these problems. By
enumerating OBP's responsibilities and authorizing sufficient
funding to fulfill them, S. 2292 will elevate OBP's stature
within the Department as well as across the Federal government.
This legislation will also help the United States improve
its scientific and technological ability to counter an IED
attack on the homeland. As the terrorist threat to our Nation
continues to evolve, so must our technology. Therefore, S. 2292
would encourage the development and dissemination of counter-
IED technologies, especially the transfer of innovative
military technologies, to State and local authorities to
enhance their ability to prevent, detect, protect against, and
respond to the threat of terrorist explosives in their
communities. Although the Federal government has spent billions
of dollars on military counter-IED technologies, civilian
authorities have not, for the most part, benefited from this
substantial investment. And, although some technology transfer
authorities exist, no coordinated effort to disseminate this
important technology to our Nation's emergency response
providers has been maintained successfully.
III. Legislative History
S. 2292 was introduced by Senators Collins and Lieberman on
November 1, 2007. The bill was read twice and referred to the
Committee on Homeland Security and Governmental Affairs on the
same day. Senators Craig and Crapo were subsequently added as
co-sponsors.
On November 14, 2007, the Committee considered S. 2292.
The Committee adopted a substitute amendment offered by
Senators Collins and Lieberman by voice vote. Senators present
were Lieberman, Carper, McCaskill, Tester, Collins, Stevens,
Voinovich, Coleman, and Coburn. The substitute amendment
primarily made technical and clarifying changes, such as
ensuring appropriate coordination with the Department of
Justice on the Department's counter-IED efforts.
The Committee ordered the bill as amended favorably
reported to the full Senate by voice vote. Senators present
were Lieberman, Carper, McCaskill, Tester, Collins, Stevens,
Voinovich, Coleman, and Coburn.
IV. Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of S. 2292 as the
``National Bombing Prevention Act of 2007.''
Section 2. Bombing prevention
Section 2 amends Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) to establish OBP
within the Department's Office of Infrastructure Protection.
The Committee recognizes that OBP currently exists within the
Department and is responsible for many of the responsibilities
that would be assigned by this Act. But, by authorizing OBP and
enumerating its responsibilities, the Committee hopes to
elevate OBP's stature within the Department. In doing so,
however, it is not the Committee's intent to alter OBP's
currently existing responsibilities or otherwise undermine the
ongoing activities of the Department of Justice (DoJ), the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or
the Federal Bureau of Investigation (FBI). To that end, this
section requires OBP to consult and coordinate extensively with
the Attorney General in regard to many of its important
activities under this Act.
Pursuant to this section, OBP will have primary
responsibility within the Department for enhancing the ability,
and coordinating the efforts, of our Nation to deter, detect,
prevent, protect against, and respond to terrorist explosive
attacks. In this lead capacity, OBP will ensure that the
Department's programs designed to counter terrorist explosive
attacks function together efficiently and effectively.
Specifically, within the Department, OBP will be responsible
for: (1) coordinating national and intergovernmental bombing
prevention activities to ensure those activities work toward
achieving common national goals; (2) assisting State and local
governments in developing multi-jurisdictional IED security
plans; (3) coordinating the development and implementation of
national explosives detection canine training, certification,
and performance standards; and (4) developing programmatic
guidance and permitted uses for bombing prevention activities
funded by Federal homeland security assistance administered by
the Department.
Section 2 also requires OBP to analyze the bombing
prevention capabilities and requirements that State and local
governments need to deter, prevent, detect, protect against,
and respond to terrorist explosive attacks. Specifically, OBP
shall maintain a national analysis database on State and local
operational capabilities which the Department will use to
evaluate national progress in closing any identified gaps and
help better guide the Department's resource allocation
decisions.
Moreover, this section directs OBP to expand its efforts to
promote information sharing on sensitive material relating to
terrorist explosives. This includes operating and maintaining a
secure electronic information sharing system, educating the
public and private sectors about explosive precursor chemicals,
developing and sharing counter-IED best practices with foreign
allies, and executing a national public awareness campaign. In
expanding its information sharing efforts, however, it is not
the Committee's intent for OBP to duplicate other technical-
and law-enforcement-focused information sharing networks under
the purview of the Attorney General or other Departments and
agencies. Rather, the Committee encourages the Departments of
Homeland Security and Justice to work more cooperatively in
sharing information with State and local partners by, among
other things, linking their information sharing networks and
engaging in joint outreach and community awareness campaigns.
For the establishment of OBP and the execution of the
aforementioned responsibilities, section 2 authorizes
appropriations of $10 million for fiscal year 2008, $25 million
for each of fiscal years 2009 and 2010, and such sums as are
necessary for each year thereafter.
Finally, section 2 of this Act would amend Subtitle A of
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.) to require the President to draft and regularly update a
national strategy to prevent and prepare for terrorist attacks
in the United States using explosives or IEDs.
Section 3. Explosives technology development and transfer
Subsection 3(a) amends title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.) to require the Secretary to
coordinate counter-explosives research and development across
the Federal government and facilitate the transfer of the
military's counter-IED technology, as appropriate, to State and
local governments, emergency response providers, and others.
Section 3 requires the Secretary, acting through the Under
Secretary for Science and Technology (S&T), to coordinate the
Federal government's civilian research, development, testing,
and evaluation (RDT&E) activities related to the detection and
prevention of, protection against, and response to terrorist
explosive attacks within the United States. Numerous Federal
Departments and agencies, including the Department of Energy's
national laboratories, engage in civilian, counter-explosive
RDT&E activities. This section will ensure all such activities
are coordinated and that the various Federal investments in
counter-explosive RDT&E technology are used efficiently.
This section also directs the Secretary, acting through the
Under Secretary for S&T, and the Secretary of Defense, to
ensure that military information and RDT&E activities relating
to terrorist bombs are applied to nonmilitary uses.
Further, this section instructs the Secretary, acting
through the Under Secretary for S&T, and in coordination with
the Secretary of Defense and the Attorney General, to establish
a technology transfer program to facilitate the identification,
modification, and commercialization of technology and equipment
for use by Federal, State and local governments, emergency
response providers, and the private sector to deter, prevent,
detect, protect, and respond to explosive attacks within the
United States. It also requires the Secretary to establish a
working group, or utilize an appropriate existing interagency
body, such as the Technical Support Working Group, to advise
and assist in the identification of military technologies
designed to deter, prevent, detect, protect, or respond to
terrorist explosive attacks.
Section 4. Savings clause
This section would provide that nothing in the Act should
be construed to limit or otherwise affect the authorities or
responsibilities of the Attorney General. The Committee fully
recognizes that DoJ, the ATF, and the FBI engage in many
vitally important counter-IED activities. This provision simply
makes it unambiguously clear that the Committee does not intend
to diminish or impede their efforts.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
State, local, or tribal governments. The legislation contains
no other regulatory impact.
VI. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 14, 2008.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2292, the National
Bombing Prevention Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jason
Wheelock.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
S. 2292--National Bombing Prevention Act of 2007
S. 2292 would authorize appropriations for the Office of
Bombing Prevention (OBP) of $25 million in 2009 and 2010, and
such sums as necessary thereafter. Assuming that the authorized
amounts would be appropriated for 2009 and 2010, and that
appropriations would increase with inflation thereafter, CBO
estimates that implementing S. 2292 would cost $106 million
over the 2009-2013 period. Enacting S. 2292 would not affect
direct spending or revenues. S. 2292 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
The estimated budgetary impact of S. 2292 is shown in the
following table. The costs of this legislation fall within
budget function 050 (national defense).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority a.......................................... 10 0 0 0 0 0
Estimated Outlays........................................... 5 4 1 0 0 0
Proposed Changes:
Estimated Authorization Level............................... 0 25 25 26 26 27
Estimated Outlays........................................... 0 11 21 24 25 25
Spending Under S. 2292:
Estimated Authorization Level............................... 10 25 25 26 26 27
Estimated Outlays........................................... 5 15 22 24 25 25
----------------------------------------------------------------------------------------------------------------
aThe 2008 amount is the amount appropriated for the Office of Bombing Prevention in 2008.
OBP was created in 2003 and is part of the National
Protection and Programs Directorate of the Department of
Homeland Security (DHS). OBP is responsible for building
awareness of threats posed by improvised explosive devices
(IEDs) and coordinating DHS's efforts to protect against IED
attacks in the United States. Although there is no specific
statutory authorization for the office, OBP received
appropriations of approximately $3 million in 2007 and $10
million in 2008. Section 2 would amend the Homeland Security
Act of 2002 (Public Law 109-296) to provide such authorization,
and would confirm the office's lead role in coordinating
federal programs designed to protect against IED attacks in the
United States.
The CBO staff contact for this estimate is Jason Wheelock.
This estimate was approved by Keith Fontenot, Deputy Assistant
Director for Health and Human Resources, Budget Analysis
Division.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows:
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
SEC. 2. BOMBING PREVENTION.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 210F. OFFICE FOR BOMBING PREVENTION.
``(a) In General.--There is in the Department an Office for
Bombing Prevention (in this section referred to as `the
Office') within the Office of Infrastructure Protection.
``(b) Responsibilities.--The Office shall have the primary
responsibility within the Department for enhancing the ability,
and coordinating the efforts, of the Nation to deter, detect,
prevent, protect against, and respond to terrorist explosive
attacks, including by--
``(1) serving as the lead agency of the Department
for ensuring that programs designed to counter
terrorist explosive attacks nationwide, function
together efficiently to meet the evolving threat from
explosives and improvised explosive devices;
``(2) coordinating, in consultation with the National
Domestic Preparedness Consortium of the Department,
national and intergovernmental bombing prevention
activities to ensure those activities work toward
achieving common national goals;
``(3) conducting analysis of the capabilities and
requirements necessary for State and local governments
to deter, prevent, detect, protect against, and assist
in any response to terrorist explosive attacks by--
``(A) maintaining a national analysis
database on the capabilities of bomb squads,
explosive detection canine teams, tactics
teams, and public safety dive teams; and
``(B) in consultation with the Attorney
General, applying the analysis derived from the
database described in subparagraph (A) in--
``(i) evaluating progress toward
closing identified gaps relating to
national strategic goals and standards;
and
``(ii) informing decisions relating
to homeland security policy,
assistance, training, research,
development efforts, and testing and
evaluation, and related requirements;
``(4) promoting secure information sharing of
sensitive material relating to terrorist explosives and
promoting security awareness, including by--
``(A) operating and maintaining a secure
information sharing system that allows the
sharing of critical information relating to
terrorist explosive attack tactics, techniques,
and procedures;
``(B) in consultation with the Attorney
General, educating the public and private
sectors about explosive precursor chemicals;
``(C) working with international partners, in
coordination with the Office for International
Affairs of the Department and the Attorney
General, to develop and share effective
practices to deter, prevent, detect, protect,
and respond to terrorist explosive attacks; and
``(D) executing national public awareness and
vigilance campaigns relating to terrorist
explosive threats, preventing explosive
attacks, and activities and measures underway
to safeguard the Nation;
``(5) assisting, in consultation with the
Administrator of the Federal Emergency Management
Agency, State and local governments in developing
multi-jurisdictional improvised explosive devices
security plans for high-risk jurisdictions;
``(6) helping to ensure, in coordination with the
Under Secretary for Science and Technology and the
Administrator of the Federal Emergency Management
Agency, the identification and availability of
effective technology applications through field pilot
testing and acquisition of such technology applications
by Federal, State, and local governments to deter,
prevent, detect, protect, and respond to terrorist
explosive attacks;
``(7) coordinating the efforts of the Department
relating to, and assisting, in consultation with the
Attorney General, departments and agencies of the
Federal, State, local government, and private sector
business in, developing and implementing national
explosives detection canine training, certification,
and performance standards;
``(8) ensuring the implementation of any
recommendations contained in the national strategy
described in section 210G, including developing,
maintaining, and tracking progress toward achieving
objectives to reduce the Nation's vulnerability to
terrorist attacks using explosives or improvised
explosive devices; and
``(9) developing, in coordination with the
Administrator of the Federal Emergency Management
Agency, programmatic guidance and permitted uses for
bombing prevention activities funded by homeland
security assistance administered by the Department.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to carry out this section--
``(A) $10,000,000 for fiscal year 2008;
``(B) $25,000,000 for each of fiscal years
2009 through 2010; and
``(C) such sums as are necessary for each
fiscal year thereafter.
``(2) Availability.--Amounts made available pursuant
to this subsection shall remain available until
expended.
``SEC. 210G. NATIONAL STRATEGY.
``(a) In General.--The President shall develop and
periodically update a national strategy to prevent and prepare
for terrorist attacks in the United States using explosives or
improvised explosive devices.
``(b) Development.--Not later than 90 days after the date
of enactment of this section, the President shall develop the
national strategy described in subsection (a).
``(c) Reporting.--Not later than 6 months after the date of
submission of the report regarding each quadrennial homeland
security review conducted under section 707(c), the President
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
regarding the national strategy described in subsection (a),
which shall include recommendations, if any, for deterring,
preventing, detecting, protecting against, and responding to
terrorist attacks in the United States using explosives or
improvised explosive devices, including any such
recommendations relating to coordinating the efforts of
Federal, State, local, and tribal governments, emergency
response providers, and the private sector.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 210E the following:
``Sec. 210F.Office for Bombing Prevention.
``Sec. 210G.National strategy.''.
SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following:
``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with
the Under Secretary for National Protection and Programs, the
Attorney General, the Secretary of Defense, and the head of any
other relevant Federal department or agency, shall coordinate
nonmilitary research, development, testing, and evaluation
activities of the Federal Government relating to the detection
and prevention of, protection against, and response to
explosive attacks within the United States, and the development
of bomb squad tools and technologies necessary to neutralize
and disable explosive devices.
``(b) Military Research.--The Secretary, acting through the
Under Secretary for Science and Technology, and in coordination
with the Under Secretary for National Protection and Programs,
shall coordinate with the Secretary of Defense and the head of
any other relevant Federal department or agency to ensure that,
to the maximum extent possible, military information and
research, development, testing, and evaluation activities
relating to the detection and prevention of, protection
against, and response to explosive attacks, and the development
of tools and technologies necessary to neutralize and disable
explosive devices, are applied to nonmilitary uses.
``SEC. 319. TECHNOLOGY TRANSFER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with
the Under Secretary for National Protection and Programs, shall
establish a technology transfer program to facilitate the
identification, modification, and commercialization of
technology and equipment for use by State and local
governmental agencies, emergency response providers, and the
private sector to deter, prevent, detect, protect, and respond
to explosive attacks within the United States.
``(b) Program.--The activities under the program
established under subsection (a) shall include--
``(1) applying the analysis conducted under section
210F(b)(3) of the capabilities and requirements of bomb
squad, explosive detection canine teams, tactical
teams, and public safety dive teams of State, and local
governments, to assist in the determination of training
and technology requirements for State and local
governments, emergency response providers, and the
private sector;
``(2) identifying available technologies designed to
deter, prevent, detect, protect, or respond to
explosive attacks that have been, or are in the process
of being, developed, tested, evaluated, or demonstrated
by the Department, other Federal agencies, the private
sector, foreign governments, or international
organizations;
``(3) reviewing whether a technology described in
paragraph (2) may be useful in assisting Federal,
State, or local governments, emergency response
providers, or the private sector in detecting,
deterring, preventing, or responding to explosive
attacks;
``(4) communicating, in coordination with the
Attorney General, to Federal, State, and local
governments, emergency response providers, and the
private sector the availability of any technology
described in paragraph (2), including providing the
specifications of such technology, indicating whether
such technology satisfies appropriate standards, and
identifying grants, if any, available from the
Department to purchase such technology; and
``(5) in coordination with the Attorney General,
developing and deploying electronic countermeasures
to--
``(A) protect high-risk targets; and
``(B) serve as a pilot initiative of the
technology transfer program described in
paragraphs (1) through (4).
``(c) Working Group.--To facilitate the transfer of
military technologies, the Secretary, acting through the Under
Secretary for Science and Technology, in coordination with the
Attorney General and the Secretary of Defense, and in a manner
consistent with protection of sensitive sources and methods,
shall establish a working group, or use an appropriate
interagency body in existence on the date of enactment of this
section, to advise and assist in the identification of military
technologies designed to deter, prevent, detect, protect, or
respond to explosive attacks that are in the process of being
developed, or are developed, by the Department of Defense or
the private sector.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 317 the following:
``Sec. 318.Explosives research and development.
``Sec. 319.Technology transfer.''.
SEC. 4. SAVINGS CLAUSE.
Nothing in this Act or the amendments made by this Act may
be construed to limit or otherwise affect the authorities or
responsibilities of the Attorney General.