[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6873 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 241
117th CONGRESS
  2d Session
                                H. R. 6873

                          [Report No. 117-322]

To amend the Homeland Security Act of 2002 to establish the Office for 
  Bombing Prevention to address terrorist explosive threats, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2022

Mr. Malinowski (for himself and Mr. Crawford) introduced the following 
     bill; which was referred to the Committee on Homeland Security

                              May 13, 2022

   Additional sponsors: Ms. Norton, Mr. Carson, Ms. Titus, and Mrs. 
                                Demings

                              May 13, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 28, 2022]


_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to establish the Office for 
  Bombing Prevention to address terrorist explosive threats, and for 
                            other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bombing Prevention Act of 2022''.

SEC. 2. OFFICE FOR BOMBING PREVENTION.

    (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 
U.S.C. 651 et seq.) is amended by adding at the end the following new 
subtitle:

                    ``Subtitle D--Bombing Prevention

``SEC. 2241. OFFICE FOR BOMBING PREVENTION.

    ``(a) Establishment.--There is established within the Department an 
Office for Bombing Prevention (in this section referred to as the 
`Office').
    ``(b) Activities.--The Office shall have the primary responsibility 
within the Department for enhancing the ability and coordinating the 
efforts of the United States to deter, detect, prevent, protect 
against, mitigate, and respond to terrorist explosive threats and 
attacks in the United States, including by carrying out the following:
            ``(1) Advising the Secretary on matters related to 
        terrorist explosive threats and attacks in the United States.
            ``(2) Coordinating the efforts of the Department to counter 
        terrorist explosive threats and attacks in the United States, 
        including by carrying out the following:
                    ``(A) Developing, in coordination with the Under 
                Secretary for Strategy, Policy, and Plans, the 
                Department's strategy against terrorist explosives 
                threats and attacks, including efforts to support the 
                security and preparedness of critical infrastructure 
                and the public sector and private sector.
                    ``(B) Leading the prioritization of the 
                Department's efforts against terrorist explosive 
                threats and attacks, including preparedness and 
                operational requirements.
                    ``(C) Ensuring, in coordination with the Under 
                Secretary for Science and Technology and the 
                Administrator of the Federal Emergency Management 
                Agency, the identification, evaluation, and 
                availability of effective technology applications 
                through field pilot testing and acquisition of such 
                technology applications by the public sector to deter, 
                detect, prevent, protect against, mitigate, and respond 
                to terrorist explosive threats and attacks in the 
                United States.
                    ``(D) Providing advice and recommendations to the 
                Administrator of the Federal Emergency Management 
                Agency regarding the effective use of grants authorized 
                under section 2002.
                    ``(E) In coordination with the Assistant Secretary 
                for Countering Weapons of Mass Destruction, aligning 
                Department efforts related to terrorist explosive 
                threats and attacks in the United States and weapons of 
                mass destruction.
            ``(3) Engaging other Federal departments and agencies, 
        including Sector Risk Management Agencies, regarding terrorist 
        explosive threats and attacks in the United States.
            ``(4) Facilitating information sharing and decision support 
        of the public and private sector involved in deterrence, 
        detection, prevention, protection against, mitigation of, and 
        response to terrorist explosive threats and attacks in the 
        United States. Such sharing and support may include the 
        following:
                    ``(A) Operating and maintaining a secure 
                information sharing system that allows the sharing of 
                critical information and data relating to terrorist 
                explosive attack tactics, techniques, procedures, and 
                security capabilities, including information and data 
                described in paragraph (6) and section 2242.
                    ``(B) 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 against, 
                mitigate, and respond to terrorist explosive threats 
                and attacks in the United States.
            ``(5) Promoting security awareness among the public and 
        private sector and the general public regarding the risks posed 
        by the misuse of explosive precursor chemicals and other bomb-
        making materials.
            ``(6) Providing training, guidance, assessments, and 
        planning assistance to the public and private sector, as 
        appropriate, to help counter the risk of terrorist explosive 
        threats and attacks in the United States.
            ``(7) Conducting analysis and planning for the capabilities 
        and requirements necessary for the public and private sector, 
        as appropriate, to deter, detect, prevent, protect against, 
        mitigate, and respond to terrorist explosive threats and 
        attacks in the United States by carrying out the following:
                    ``(A) Maintaining a database on capabilities and 
                requirements, including capabilities and requirements 
                of public safety bomb squads, explosive detection 
                canine teams, special tactics teams, public safety dive 
                teams, and recipients of services described in section 
                2242.
                    ``(B) Applying the analysis derived from the 
                database described in subparagraph (A) with respect to 
                the following:
                            ``(i) Evaluating progress toward closing 
                        identified gaps relating to national strategic 
                        goals and standards related to deterring, 
                        detecting, preventing, protecting against, 
                        mitigating, and responding to terrorist 
                        explosive threats and attacks in the United 
                        States.
                            ``(ii) Informing decisions relating to 
                        homeland security policy, assistance, training, 
                        research, development efforts, testing and 
                        evaluation, and related requirements regarding 
                        deterring, detecting, preventing, protecting 
                        against, mitigating, and responding to 
                        terrorist explosive threats and attacks in the 
                        United States.
            ``(8) Promoting secure information sharing of sensitive 
        material and promoting security awareness, including by 
        carrying out the following:
                    ``(A) Operating and maintaining a secure 
                information sharing system that allows the sharing 
                among and between the public and private sector of 
                critical information relating to 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, detect, prevent, protect against, 
                mitigate, and respond to terrorist explosive threats 
                and attacks in the United States.
                    ``(D) Executing national public awareness and 
                vigilance campaigns relating to terrorist explosive 
                threats and attacks in the United States, preventing 
                explosive attacks, and activities and measures underway 
                to safeguard the United States.
                    ``(E) Working with relevant stakeholder 
                organizations.
            ``(9) Providing any other assistance the Secretary 
        determines necessary.

``SEC. 2242. COUNTERING EXPLOSIVE DEVICES TECHNICAL ASSISTANCE.

    ``(a) Establishment.--Upon request, the Secretary shall, to the 
extent practicable, provide to the public and private sector technical 
assistance services to support the security and preparedness of such 
sectors, as appropriate, to counter terrorist explosive threats and 
attacks that pose a risk in certain jurisdictions, including vulnerable 
and disadvantaged communities, to critical infrastructure facilities, 
or to special events, as appropriate.
    ``(b) Elements.--Technical assistance services provided pursuant to 
subsection (a) shall--
            ``(1) support the planning and implementation of effective 
        measures to deter, detect, prevent, protect against, mitigate, 
        and respond to terrorist explosive threats and attacks in the 
        United States, including effective strategic risk management 
        and emergency operations plans;
            ``(2) support the security of explosive precursor chemicals 
        and other bomb-making materials outside of regulatory control;
            ``(3) support efforts to prepare for and respond to bomb 
        threats or other acts involving the malicious conveyance of 
        false information concerning terrorist explosive threats and 
        attacks in the United States;
            ``(4) make available resources to enhance deterrence, 
        prevention, detection, protection, mitigation, and response 
        capabilities for terrorist explosive threats and attacks in the 
        United States, including coordination and communication, to 
        better integrate State, local, Tribal, and territorial and 
        private sector capabilities and assets, as appropriate, with 
        Federal operations;
            ``(5) make available augmenting resources, as appropriate, 
        to enable State, local, Tribal, and territorial governments to 
        sustain and refresh their capabilities;
            ``(6) track performance in meeting the goals and associated 
        plans of the provision of such technical assistance; and
            ``(7) include any other assistance the Secretary determines 
        necessary.

``SEC. 2243. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL 
              AGENCIES.

    ``(a) In General.--The authority of the Secretary under this 
subtitle shall not affect or diminish the authority or the 
responsibility of any officer of any other Federal agency with respect 
to the command, control, or direction of the functions, personnel, 
funds, assets, or liabilities of any other such Federal agency.
    ``(b) Department Components.--Nothing in this subtitle or any other 
provision of law may be construed to affect or reduce the 
responsibilities of--
            ``(1) the Countering Weapons of Mass Destruction Office or 
        the Assistant Secretary of the Office, including with respect 
        to any asset, function, or mission of the Office or the 
        Assistant Secretary, as the case may be;
            ``(2) the Federal Emergency Management Agency or the 
        Administrator of the Agency, including the diversion of any 
        asset, function, or mission of the Agency or the Administrator 
        as the case may be; or
            ``(3) the Transportation Security Administration or the 
        Administrator of the Administration, including the diversion of 
        any asset, function, or mission of the Administration or the 
        Administrator, as the case may be.''.
    (b) Strategy and Reports.--
            (1) Strategy.--Not later than one year after the date of 
        the enactment of this Act, the head of the Office for Bombing 
        Prevention of the Department of Homeland Security (established 
        pursuant to section 2241 of the Homeland Security Act of 2002, 
        as added by subsection (a)), in consultation with the heads of 
        other components of the Department and the heads of other 
        Federal agencies, as appropriate, shall develop a strategy to 
        align the Office's activities with the threat environment and 
        stakeholder needs, and make the public and private sector aware 
        of the Office's capabilities. Such strategy shall include the 
        following elements:
                    (A) Information on terrorist explosive threats, 
                tactics, and attacks in the United States.
                    (B) Information, by region of the United States, 
                regarding public and private sector entities likely to 
                be targeted by terrorist explosive threats and attacks 
                in the United States, including historically black 
                colleges and universities and minority serving 
                institutions, places of worship, health care 
                facilities, transportation systems, commercial 
                facilities, and government facilities.
                    (C) Guidance on how outreach to owners and 
                operators of critical infrastructure (as such term is 
                defined in section 1016(e) of Public Law 107-56 (42 
                U.S.C. 5195c(e))) in a region should be prioritized.
                    (D) A catalogue of the services and training 
                currently offered by the Office, and a description of 
                how such services and trainings assist the public and 
                private sector to deter, detect, prevent, protect 
                against, mitigate, and respond to terrorist explosive 
                threats and attacks in the United States.
                    (E) Long-term objectives of the Office, including 
                future service and training offerings.
                    (F) Metrics for measuring the effectiveness of 
                services and trainings offered by the Office.
                    (G) An assessment of resource requirements 
                necessary to implement such strategy.
                    (H) A description of how the Office partners with 
                other components of the Department and other Federal 
                agencies to carry out its mission.
            (2) Reports.--Not later than one year after the date of the 
        enactment of this Act and annually thereafter, the Secretary of 
        Homeland Security 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 describing the activities of the Office for Bombing 
        Prevention of the Department of Homeland Security (established 
        pursuant to section 2241 of the Homeland Security Act of 2002, 
        as added by subsection (a)). Each such report shall include 
        information on the following:
                    (A) Changes to terrorist explosive threats, 
                tactics, and attacks in the United States.
                    (B) Changes to the types of public and private 
                sector entities likely to be targeted by terrorist 
                explosive threats and attacks in the United States.
                    (C) The number of trainings, assessments, and other 
                engagements carried out by the Office within each 
                region of the United States, including a description of 
                the critical infrastructure sector or stakeholder 
                served.
                    (D) The number of trainings, assessments, or other 
                engagements the Office was asked to conduct but did 
                not, and an explanation relating thereto.
                    (E) The effectiveness of the trainings, 
                assessments, or other engagements provided by the 
                Office based on the metrics described in paragraph 
                (1)(F).
                    (F) Any changes or anticipated changes in the 
                trainings, assessments, and other engagements, or any 
                other services, offered by the Office, and an 
                explanation relating thereto.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2238 the following new items:

                    ``Subtitle D--Bombing Prevention

``Sec. 2241. Office for Bombing Prevention.
``Sec. 2242. Countering explosive devices technical assistance.
``Sec. 2243. Relationship to other Department components and Federal 
                            agencies.''.

SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT.

    (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 
section:

``SEC. 323. EXPLOSIVES RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the head 
of the Office for Bombing Prevention and the Assistant Secretary for 
the Countering Weapons of Mass Destruction Office, and in consultation 
with the Attorney General, the Secretary of Defense, and the head of 
any other relevant Federal department or agency, including Sector Risk 
Management Agencies, shall ensure coordination and information sharing 
regarding nonmilitary research, development, testing, and evaluation 
activities of the Federal Government relating to the deterrence, 
detection, prevention, protection against, mitigation of, and response 
to terrorist explosive threats and attacks in the United States.
    ``(b) Leveraging Military Research.--The Secretary, acting through 
the Under Secretary for Science and Technology, and in coordination 
with the head of the Office for Bombing Prevention and the Assistant 
Secretary for the Countering of Weapons of Mass Destruction Office, 
shall consult with the Secretary of Defense and the head of any other 
relevant Federal department or agency, including Sector Risk Management 
Agencies, to ensure that, to the maximum extent possible, military 
policies and procedures, and research, development, testing, and 
evaluation activities relating to the deterrence, detection, 
prevention, protection against, mitigation of, and response to 
terrorist explosive threats and attacks in the United States are 
adapted to nonmilitary uses.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 322 the following new item:

``Sec. 323. Explosives research and development.''.
                                                 Union Calendar No. 241

117th CONGRESS

  2d Session

                               H. R. 6873

                          [Report No. 117-322]

_______________________________________________________________________

                                 A BILL

To amend the Homeland Security Act of 2002 to establish the Office for 
  Bombing Prevention to address terrorist explosive threats, and for 
                            other purposes.

_______________________________________________________________________

                              May 13, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed