[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6873 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 6873
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, May 17), 2022
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.''.
Passed the House of Representatives May 17, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.