Last month, Rep Malinowski (D,NJ) introduced HR 6873, the Bombing Prevention Act of 2022. The bill amends the Homeland Security Act of 2002, adding a new Subtitle D, Bombing Prevention. That Subtitle establishes (the existing) Office for Bombing Prevention (OBP). Additionally, the bill would add bombing prevention research coordination and information sharing to the responsibilities of DHS S&T. No spending is authorized by the bill.
The bill was considered by the House Homeland Security Committee last week. After the bill was amended by a voice vote, it was adopted by a vote of 33 to 0.
Bombing Prevention
Section 2 of the bill establishes the new Subtitle D in Title XXII of the Homeland Security Act. The new Subtitle contains three new sections:
§2241. Office for Bombing Prevention.
§2242. Countering explosive devices technical assistance.
§2243. Relationship to other Department components and Federal agencies.
The new §2241 establishes the Office for Bombing Prevention. It assigns the following activities to the new Office:
Advising the Secretary on matters related to terrorist explosive threats and attacks in the United States,
Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States,
Engaging other Federal departments and agencies, including Sector Risk Management Agencies, regarding terrorist explosive threats and attacks in the United States,
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,
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,
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,
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, and
Promoting secure information sharing of sensitive material and promoting security awareness.
The new §2242 provides for DHS providing public and private sector technical assistance services to counter terrorist explosive threats and attacks. Those services will:
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,
Support the security of explosive precursor chemicals and other bomb-making materials outside of regulatory control,
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,
Make available resources to enhance deterrence, prevention, detection, protection, mitigation, and response capabilities for terrorist explosive threats and attacks in the United States, and
Make available augmenting resources, as appropriate, to enable State, local, Tribal, and territorial governments to sustain and refresh their capabilities.
The new §2243 provides that these three new sections will not reduce the effective authority or responsibility of any other Federal agency, specifically including (within DHS):
Countering Weapons of Mass Destruction Office,
FEMA, or
TSA
Explosive Technology Development
Section 3 of the bill amends Title III of the Homeland Security Act of 2002, by adding an new §323, Explosives research and development. Subsection (a) establishes the requirement for DHS Science and Technology Directorate to work with the Office of Bombing Protection and the Countering Weapons of Mass Destruction Office to “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.”
Subsection (b) provides a similar requirement for DHS S&T to work with DOD to ensure that bomb prevention research and development activities of DOD are adapted to nonmilitary uses.
Committee Amendment
Rep Jackson-Lee (D,TX) introduced an amendment (pgs 48-51) to the bill. It added a new subsection (b), Strategy and reports, to §2 of the bill. Paragraph (a) would require the Office for Bombing Prevention to “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”. Paragraph (b) would require an annual report to Congress “describing the activities of the Office for Bombing Prevention”.
Moving Forward
With the approval of the bill by the House Homeland Security Committee last week, this bill will be cleared to move to the Full House as soon as the Committee publishes their Report. This bill will almost certainly be considered under the suspension of the rules process. That would mean limited floor debate, no amendments from the floor and would require a super-majority for passage. The bill will pass, when considered, with strong bipartisan support.