[Congressional Record Volume 168, Number 83 (Monday, May 16, 2022)]
[House]
[Pages H4979-H4982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BOMBING PREVENTION ACT OF 2022
Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6873) to amend the Homeland Security Act of 2002 to
establish the Office for Bombing Prevention to address terrorist
explosive threats, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6873
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.
[[Page H4980]]
``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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Malinowski) and the gentleman from Kansas (Mr. LaTurner)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. MALINOWSKI. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. MALINOWSKI. Madam Speaker, I yield myself such time as I may
consume.
Mr. Speaker, between January 4 and February 16 of this year, there
were over 50 bomb threats that disproportionately targeted historically
Black colleges and universities, Black churches, mosques, and
synagogues across our country.
These racially and ethnically targeted bomb threats have continued
through the spring. They have sowed fear, disrupted academic
instruction, and interfered with the ability of Americans to worship
safely.
They have also brought into focus the diversity of the current
homeland security threat picture and reminded us that conventional
threats, like
[[Page H4981]]
bombings, deserve sustained attention, even as efforts to counter mass
shootings and cyber threats have to be intensified.
I introduced H.R. 6873, the Bombing Prevention Act of 2022, for the
first time to authorize the Office for Bombing Prevention.
For the past 15 years, the Office for Bombing Prevention has been
responsible for coordinating DHS' efforts at preventing, protecting
against, mitigating the effects of, and responding to improvised
explosive devices here domestically, and helping our partners and
allies around the world do the same.
The Office for Bombing Prevention is squarely focused on protecting
critical infrastructure, working with private sector partners, and
supporting our Federal, State, local, Tribal, and territorial entities
to mitigate explosive effects on critical infrastructure.
To that end, it regularly engages with stakeholders, including
educational stakeholders, about accessing the office's training and
tools, such as its counter-IED capability.
H.R. 6873 would bring needed permanence and predictability to the
operations of this office and position it to build capacity to meet
growing demands for its services.
Importantly, my bill directs the office to develop a strategy that
aligns its operations with the threat environment and stakeholder
needs; improves the sharing of information about explosive threats; and
enhances awareness of the office's capabilities to those around the
country who are most at risk.
The bill also directs the Secretary of the DHS to provide to public-
and private-sector entities technical assistance services related to
countering these explosive threats.
Finally, to keep the office accountable, H.R. 6873 requires an annual
report to Congress.
This bipartisan legislation, which I was pleased to introduce with my
colleague from Arkansas (Mr. Crawford), will better position the Office
for Bombing Prevention to provide counter-explosives resources to
stakeholders as the threat environment changes, making communities
across America more secure and helping to ensure that in this country,
no person should have to work, study, or worship while living in fear
of a terrorist bombing.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 6873, the Bombing
Prevention Act of 2022. Between just January 4 and February 16 of this
year, the FBI reported more than 50 bomb threats against domestic
targets.
The DHS Office of Bombing Protection, or OBP, has a mission to
protect life and critical infrastructure by building capabilities
within the general public and across public and private sectors to
prevent, protect against, respond to, and mitigate bombing incidents.
To that end, this bill will more aptly enable OBP to conduct its
mission by requiring: a strategy for securing critical infrastructure
against terrorist explosives; promoting awareness of risks posed by the
misuse of explosive chemicals and bomb-making materials; and a database
of capabilities and requirements to track public and private terrorist
explosive threats.
This legislation is a critical step toward ensuring that threats to
our domestic security posed by bombings and malicious use of explosives
is mitigated to the best of our ability.
Mr. Speaker, I urge Members to join me in supporting H.R. 6873, and I
reserve the balance of my time.
Mr. MALINOWSKI. Mr. Speaker, I reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield 4 minutes to gentleman from
Arkansas (Mr. Crawford).
Mr. CRAWFORD. Mr. Speaker, I thank my cosponsor for his work on this,
and I can't tell you how thrilled I am to see this bill come to the
House floor for consideration.
As a former Army bomb tech, I know how critical it is for our
military to be adequately equipped on the front lines to dispose of
explosive threats. This is all the more true on our home front, where
the public safety continues to be threatened by terrorists and other
bad actors who consistently use bombs and explosive hazards to advance
their agenda.
But it should not take a tragedy to enact sensible change and to
continue to equip our homeland security officials with the tools they
need to mitigate bombing incidents and to protect the critical
infrastructure of our Nation and the lives of our citizens.
The Office for Bombing Prevention, or OBP, was created in response to
terrorism events, both at home and abroad, including the bombing of a
Pan Am flight over Lockerbie, Scotland, in 1988; the World Trade Center
in 1993; Oklahoma City in 1995; a Madrid train in 2004; London in 2005;
the Boston Marathon in 2013; and Nashville on Christmas Day in 2020.
OBP leads the Department of Homeland Security's efforts to implement
the National Policy for Countering Improvised Explosive Devices and
enhances the Nation's ability to prevent, protect against, respond to,
and mitigate the use of explosives against critical infrastructure, the
private sector, and Federal, State, local, Tribal, and territorial
entities.
Currently, the OBP sits underneath the jurisdiction of the
Cybersecurity and Infrastructure Security Agency, or CISA. However, our
recent history has proven that OBP needs a bit of promotion in order to
adequately inform the Secretary of Homeland Security on ongoing threats
and to keep the general public out of harm's way.
I say recent history because, unfortunately, our Nation has not been
safe from threats, most of which, thankfully, never led to serious
injury, destruction, or death. The 2010 Times Square car bombing
attempt, the IEDs left outside the RNC and DCCC on January 6, 2021, and
over 50 reported bomb threats between January and February of this year
targeted disproportionately at HBCUs, Black churches, mosques, and
synagogues.
It is our responsibility as Members of Congress to lead and address
these unacceptable threats while simultaneously reducing the amount of
threats designed to instill fear in the public. I applaud my colleagues
for responding to these events seriously and appropriately, and I have
full confidence the OBP will have the tools necessary to carry out this
mission.
Our bill authorizes OBP and directs the office to develop a strategy
for further securing critical infrastructure against terrorist
explosive threats and attacks and to evaluate effective technologies to
defend against them. Further, OBP will be required to promote security
awareness of risks posed by the misuse of explosive precursor
chemicals, bomb-making materials, providing technical assistance to the
public and private sectors to support security preparedness, assist
other agencies with information sharing and responding to various
threats, and working with relevant stakeholder interests in bettering
this overall effort.
It has come to my attention that in response to the bomb threats at
our HBCUs, the OBP led a briefing with 150 leaders on training
opportunities and engaged with educational stakeholders about accessing
OBP's counter-IED capability development programs, information,
training, and tools. This kind of responsiveness to a dire situation
only strengthens my confidence that the men and women at OBP are ready
and informed to respond to ongoing bomb threats and prevent further
incidents and potential devastation.
We should be proud, as Americans, to feel a sense of security each
and every day. Security and strength are what brings us together and
the foundation for what we fight for. Unfortunately, we live the
reality that anyone can be a threat to this security and strength, even
when we least expect it, from our grocery stores, to our places of
worship, to our schools. We must continue to fight and ensure that
Americans live free from fear of the malicious use of explosives and
from the threat of a terrorist's agenda. Our citizens should feel and
remain secure at their jobs, their schools, and, most importantly,
around their families. That is my mission as a Member of Congress; that
will be the mission of the Office for Bombing Prevention, and that is
why I support H.R. 6873.
I thank my co-lead, Representative Malinowski, one more time, as well
as
[[Page H4982]]
Representative Katko for his leadership on the Homeland Security
Committee, and for meeting with me to discuss my priorities for bombing
prevention from our service branches to the domestic front.
Mr. Speaker, I encourage my colleagues to support this bill.
Mr. LaTURNER. Mr. Speaker, I urge Members to support this bill, and I
yield back the balance of my time.
Mr. MALINOWSKI. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in my home State of New Jersey, there have been more
than 25 bomb scares since 2020, threatening public schools,
universities, community centers, and religious institutions.
Just last fall in my district, the Roxbury Township school system
received a bomb threat that led to panic and K9 sweeps on school
property during teaching hours, and nearby Hopewell Valley Central High
School encountered an explosive threat that forced the school to
evacuate and shut down early for the day.
In addition, 7 years ago this September, over a 2-day period,
communities in Seaside Park and Elizabeth, New Jersey, as well as the
Chelsea neighborhood of Manhattan were rocked by three bombings that
wounded 31 people.
Subsequent analysis done by the Office for Bombing Prevention at DHS
determined that each of the devices planted by the assailant was
completely different from the others.
Two of the bombs were pipe bombs, two were homemade pressure cooker
bombs, some used modified Christmas tree lights and cellphones, and one
of the pressure cooker bombs used two different chemicals that alone
are not dangerous but ignite when combined.
{time} 1445
The office concluded that while each of the bombs was different, all
included elements detailed in several issues of al-Qaida's Inspire
magazine.
The invaluable analysis carried out by the office in the wake of the
September 2016 New Jersey-area attacks was shared with first responders
and homeland security stakeholders all across the country, underscoring
the expertise of the Office for Bombing Prevention and the important
role it plays in equipping our communities with the best information
available to keep the public safe.
Today, the office provides critical support to help defend
communities across America from the threats posed by explosives, but we
need to empower it to do more. The Bombing Prevention Act does just
that. It has been endorsed by the Anti-Defamation League and by the
Jewish Federations of North America.
Mr. Speaker, I urge my colleagues to support H.R. 6873, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Malinowski) that the House suspend the
rules and pass the bill, H.R. 6873, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of North Carolina. Mr. Speaker, on that I demand the yeas
and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________