[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8113-H8117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COUNTERING WEAPONS OF MASS DESTRUCTION ACT OF 2018

  Mr. DONOVAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6198) to amend the Homeland Security Act of 2002 to 
establish the Countering Weapons of Mass Destruction Office, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6198

       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 ``Countering Weapons of Mass 
     Destruction Act of 2018''.

     SEC. 2. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) In General.--Title XIX of the Homeland Security Act of 
     2002 (6 U.S.C. 591 et seq.) is amended--
       (1) in the title heading, by striking ``DOMESTIC NUCLEAR 
     DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS 
     DESTRUCTION OFFICE'';
       (2) by striking section 1901 and inserting the following:

     ``SEC. 1900. DEFINITIONS.

       ``In this title:
       ``(1) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary for the Countering Weapons of 
     Mass Destruction Office.
       ``(2) Intelligence community.--The term `intelligence 
     community' has the meaning given such term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 3003(4)).
       ``(3) Office.--The term `Office' means the Countering 
     Weapons of Mass Destruction Office established under section 
     1901(a).
       ``(4) Weapon of mass destruction.--The term `weapon of mass 
     destruction' has the meaning given the term in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).

      ``Subtitle A--Countering Weapons of Mass Destruction Office

     ``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       ``(a) Establishment.--There is established in the 
     Department a Countering Weapons of Mass Destruction Office.
       ``(b) Assistant Secretary.--The Office shall be headed by 
     an Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office, who shall be appointed by the President.
       ``(c) Responsibilities.--The Assistant Secretary shall 
     serve as the Secretary's principal advisor on--
       ``(1) weapons of mass destruction matters and strategies; 
     and
       ``(2) coordinating efforts to counter weapons of mass 
     destruction.
       ``(d) Details.--The Secretary may request that the 
     Secretary of Defense, the Secretary of Energy, the Secretary 
     of State, the Attorney General, the Nuclear Regulatory 
     Commission, and the directors of other Federal agencies, 
     including elements of the intelligence community, provide for 
     the reimbursable detail of personnel with relevant expertise 
     to the Office.'';
       (3) by adding at the end the following:

                  ``Subtitle B--Mission of the Office

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for coordinating with 
     other Federal efforts and developing departmental strategy 
     and policy to plan for, detect, and protect against the 
     importation, possession, storage, transportation, 
     development, or use of unauthorized chemical, biological, 
     radiological, or nuclear materials, devices, or agents in the 
     United States and to protect against an attack using such 
     materials, devices, or agents against the people, territory, 
     or interests of the United States.

[[Page H8114]]

  


     ``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                   FEDERAL AGENCIES.

       ``(a) In General.--The authority of the Assistant Secretary 
     under this title shall neither affect nor diminish the 
     authority or the responsibility of any officer of the 
     Department or of any officer of any other department or 
     agency of the United States with respect to the command, 
     control, or direction of the functions, personnel, funds, 
     assets, and liabilities of any entity within the Department 
     or any Federal department or agency.
       ``(b) Federal Emergency Management Agency.--Nothing in this 
     title or any other provision of law may be construed to 
     affect or reduce the responsibilities of 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 of the Agency.'';
       (4) by striking section 1905;
       (5) by redesignating sections 1902, 1903, 1904, 1906, and 
     1907 as sections 1923, 1924, 1925, 1926, and 1927, 
     respectively, and transferring such sections to appear after 
     section 1922, as added by paragraph (3);
       (6) in section 1923, as so redesignated--
       (A) in the section heading by striking ``mission of 
     office'' and inserting ``responsibilities''; and
       (B) in subsection (a)(11), by striking ``Domestic Nuclear 
     Detection Office'' and inserting ``Office'';
       (7) in section 1925, as so redesignated, in subsection (a), 
     in the first sentence, by striking ``section 1902'' and 
     inserting ``section 1923'';
       (8) in section 1926, as so redesignated--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Director for Domestic Nuclear Detection'' 
     and inserting ``Assistant Secretary''; and
       (ii) by striking ``paragraphs (6) and (7) of section 
     1902(a)'' and inserting ``section 1923''; and
       (B) in paragraph (2), by striking ``paragraphs (6) and (7) 
     of section 1902(a)'' and inserting ``section 1923'';
       (9) in section 1927, as so redesignated--
       (A) in subsection (a)(1)(C), in the matter preceding clause 
     (i), by striking ``Director of the Domestic Nuclear Detection 
     Office'' and inserting ``Assistant Secretary''; and
       (B) in subsection (c), by striking ``section 1902'' and 
     inserting ``section 1923''; and
       (10) by inserting after section 1927, as so redesignated, 
     the following new section:

     ``SEC. 1928. SECURING THE CITIES PROGRAM.

       ``(a) Establishment.--The Secretary, through the Assistant 
     Secretary for the Countering Weapons of Mass Destruction 
     Office, shall establish the `Securing the Cities' (`STC') 
     program to enhance the ability of the United States to detect 
     and prevent terrorist attacks and other high consequence 
     events utilizing nuclear or other radiological materials that 
     pose a high risk to homeland security in high-risk urban 
     areas. Through the STC program the Secretary shall--
       ``(1) assist State, local, Tribal, and territorial 
     governments in designing and implementing, or enhancing 
     existing, architectures for coordinated and integrated 
     detection and interdiction of nuclear or other radiological 
     materials that are out of regulatory control;
       ``(2) support the development of a region-wide operating 
     capability to detect and report on nuclear and other 
     radioactive materials out of regulatory control;
       ``(3) provide resources to enhance detection, analysis, 
     communication, and coordination to better integrate into 
     Federal operations State, local, Tribal, and territorial 
     assets;
       ``(4) facilitate alarm adjudication and provide subject 
     matter expertise and technical assistance on concepts of 
     operations, training, exercises, and alarm response 
     protocols;
       ``(5) communicate with, and promote sharing of information 
     about the presence or detection of nuclear or other 
     radiological materials among appropriate Federal, State, 
     local, Tribal, and territorial governments, in a manner that 
     ensures transparency with the jurisdictions served by such 
     program;
       ``(6) provide augmenting resources, as appropriate, to 
     enable State, local, Tribal, and territorial governments to 
     sustain and refresh their capabilities developed under the 
     STC program; and
       ``(7) provide any other assistance the Secretary determines 
     appropriate.
       ``(b) Designation of Jurisdictions.--In carrying out the 
     STC program under subsection (a), the Secretary shall 
     designate jurisdictions from among high-risk urban areas 
     under section 2003, and other cities and regions, as 
     appropriate.
       ``(c) Congressional Notification.--The Secretary shall 
     notify the Committee on Homeland Security and the Committee 
     on Appropriations of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate not later than 
     three days before the designation of a new jurisdiction in 
     accordance with subsection (b) or any other change to 
     participating jurisdictions.''.
       (b) References and Construction.--
       (1) In general.--Any reference in any law, regulation, 
     document, paper, or other record of the United States to--
       (A) the Domestic Nuclear Detection Office shall be deemed 
     to be a reference to the Countering Weapons of Mass 
     Destruction Office; and
       (B) the Director for Domestic Nuclear Detection shall be 
     deemed to be a reference to the Assistant Secretary for the 
     Countering Weapons of Mass Destruction Office.
       (2) Construction.--Sections 1923 through 1927 of the 
     Homeland Security Act of 2002, as so redesignated by 
     subsection (a), shall be construed to cover the chemical and 
     biological responsibilities of the Assistant Secretary for 
     the Countering Weapons of Mass Destruction Office.
       (3) Authority.--The authority of the Director of the 
     Domestic Nuclear Detection Office to make grants or enter 
     into cooperative agreements is transferred to the Assistant 
     Secretary for the Countering Weapons of Mass Destruction 
     Office, and such authority shall be construed to include 
     grants for all purposes of title XIX of the Homeland Security 
     Act of 2002, as amended by this Act.
       (c) Chief Medical Officer.--
       (1) Repeal.--Title V of the Homeland Security Act of 2002 
     (6 U.S.C. 311 et seq.) is amended by striking section 516.
       (2) Amendment.--Title XIX of the Homeland Security Act of 
     2002 (6 U.S.C. 591 et seq.), as amended by subsection (a), is 
     further amended by adding at the end the following:

                  ``Subtitle C--Chief Medical Officer

     ``SEC. 1931. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Office a Chief Medical 
     Officer, who shall be appointed by the President. The Chief 
     Medical Officer shall report to the Assistant Secretary.
       ``(b) Qualifications.--The individual appointed as Chief 
     Medical Officer shall be a licensed physician possessing a 
     demonstrated ability in and knowledge of medicine and public 
     health.
       ``(c) Responsibilities.--The Chief Medical Officer shall 
     have the responsibility within the Department for medical 
     issues related to natural disasters, acts of terrorism, and 
     other man-made disasters, including--
       ``(1) serving as the principal advisor on medical and 
     public health issues to the Secretary, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials;
       ``(2) providing operational medical support to all 
     components of the Department;
       ``(3) as appropriate, providing medical liaisons to the 
     components of the Department, on a reimbursable basis, to 
     provide subject matter expertise on operational medical 
     issues;
       ``(4) coordinating with Federal, State, local, and Tribal 
     governments, the medical community, and others within and 
     outside the Department, including the Centers for Disease 
     Control and Prevention and the Office of the Assistant 
     Secretary for Preparedness and Response of the Department of 
     Health and Human Services, with respect to medical and public 
     health matters; and
       ``(5) performing such other duties relating to such 
     responsibilities as the Secretary may require.''.
       (3) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     striking the item relating to section 516.
       (d) Workforce Health and Medical Support.--Title VII of the 
     Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 710. WORKFORCE HEALTH AND MEDICAL SUPPORT.

       ``(a) In General.--The Under Secretary for Management shall 
     be responsible for workforce-focused health and medical 
     activities of the Department. The Under Secretary for 
     Management may further delegate these responsibilities, as 
     appropriate.
       ``(b) Responsibilities.--The Under Secretary for 
     Management, in coordination with the Chief Medical Officer, 
     shall--
       ``(1) provide oversight and coordinate the medical and 
     health activities of the Department for the human and animal 
     personnel of the Department;
       ``(2) establish medical, health, veterinary, and 
     occupational health exposure policy, guidance, strategies, 
     and initiatives for the human and animal personnel of the 
     Department;
       ``(3) as deemed appropriate by the Under Secretary, provide 
     medical liaisons to the components of the Department, on a 
     reimbursable basis, to provide subject matter expertise on 
     occupational medical and public health issues;
       ``(4) serve as the primary representative for the 
     Department on agreements regarding the detail of Commissioned 
     Corps officers of the Public Health Service of the Department 
     of Health and Human Services to the Department, except that 
     components and offices of the Department shall retain 
     authority for funding, determination of specific duties, and 
     supervision of such detailed Commissioned Corps officers; and
       ``(5) perform such other duties relating to such 
     responsibilities as the Secretary may require.''.
       (e) Transfers; Abolishment.--
       (1) Transfers.--The Secretary of Homeland Security shall 
     transfer to--
       (A) the Countering Weapons of Mass Destruction Office all 
     functions, personnel, budget authority, and assets of--
       (i) the Domestic Nuclear Detection Office, as in existence 
     on the day before the date of the enactment of this Act; and
       (ii) the Office of Health Affairs, as in existence on the 
     day before the date of the enactment of this Act, except for 
     the functions, personnel, budget authority, and assets of 
     such office necessary to perform the functions specified in 
     section 710 of the Homeland

[[Page H8115]]

     Security Act of 2002 (relating to workforce health and 
     medical support), as added by this Act; and
       (B) the Directorate of Management of the Department of 
     Homeland Security all functions, personnel, budget authority, 
     and assets of the Office of Health Affairs, as in existence 
     on the day before the date of the enactment of this Act, that 
     are necessary to perform the functions of such section 710.
       (2) Abolishment.--Upon completion of all transfers pursuant 
     to paragraph (1)--
       (A) the Domestic Nuclear Detection Office of the Department 
     of Homeland Security and the Office of Health Affairs of the 
     Department of Homeland Security are abolished; and
       (B) the positions of Assistant Secretary for Health Affairs 
     and Director for Domestic Nuclear Detection are abolished.
       (f) Conforming Amendments.--
       (1) Other officers.--Paragraph (4) of section 103(d) of the 
     Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended by 
     striking ``A Director for Domestic Nuclear Detection'' and 
     inserting ``An Assistant Secretary for the Countering Weapons 
     of Mass Destruction Office''.
       (2) National biosurveillance integration center.--Section 
     316(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     195b(a)) is amended by striking ``Secretary shall'' and 
     inserting ``Secretary, acting through the Assistant Secretary 
     for the Countering Weapons of Mass Destruction Office, 
     shall''.
       (3) International cooperation.--Section 317(f) of the 
     Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended 
     by striking ``the Chief Medical Officer,'' and inserting 
     ``the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office,''.
       (4) Functions transferred.--Section 505(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 315(b)) is amended--
       (A) by striking paragraph (4);
       (B) by redesignating paragraph (5) as paragraph (4); and
       (C) in paragraph (4), as so redesignated, by striking 
     ``through (4)'' and inserting ``through (3)''.
       (5) Coordination of department of homeland security efforts 
     related to food, agriculture, and veterinary defense against 
     terrorism.--Section 528(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 321q(a)) is amended by striking ``Health 
     Affairs,'' and inserting ``the Countering Weapons of Mass 
     Destruction Office,''.
       (g) Department of Homeland Security Chemical, Biological, 
     Radiological, and Nuclear Activities.--Not later than one 
     year after the date of enactment of this Act and once every 
     year thereafter, the Secretary of Homeland Security shall 
     provide a briefing and report to the appropriate 
     congressional committees (as defined in section 2 of the 
     Homeland Security Act of 2002 (6 U.S.C. 101) on--
       (1) the organization and management of the chemical, 
     biological, radiological, and nuclear activities of the 
     Department of Homeland Security, including research and 
     development activities, and the location of each activity 
     under the organizational structure of the Countering Weapons 
     of Mass Destruction Office;
       (2) a comprehensive inventory of chemical, biological, 
     radiological, and nuclear activities, including research and 
     development activities, of the Department of Homeland 
     Security, highlighting areas of collaboration between 
     components, coordination with other agencies, and the 
     effectiveness and accomplishments of consolidated chemical, 
     biological, radiological, and nuclear activities of the 
     Department of Homeland Security, including research and 
     development activities;
       (3) information relating to how the organizational 
     structure of the Countering Weapons of Mass Destruction 
     Office will enhance the development of chemical, biological, 
     radiological, and nuclear priorities and capabilities across 
     the Department of Homeland Security;
       (4) a discussion of any resulting cost savings and 
     efficiencies gained through activities described in 
     paragraphs (1) and (2);
       (5) information on how the Assistant Secretary for the 
     Countering Weapons of Mass Destruction Office is coordinating 
     with the Under Secretary of Science and Technology of the 
     Department of Homeland Security on research and development 
     activities; and
       (6) recommendations for any necessary statutory changes, 
     or, if no statutory changes are necessary, an explanation of 
     why no statutory or organizational changes are necessary.
       (h) Clerical Amendments.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended--
       (1) by inserting after the item relating to section 709 the 
     following:
``Sec. 710. Workforce health and medical support.'';
     and
       (2) by striking the item relating to title XIX (including 
     items relating to section 1901 through section 1907) and 
     inserting the following:

       ``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

``Sec. 1900. Definitions.

      ``Subtitle A--Countering Weapons of Mass Destruction Office

``Sec. 1901. Countering Weapons of Mass Destruction Office.

                  ``Subtitle B--Mission of the Office

``Sec. 1921. Mission of the Office.
``Sec. 1922. Relationship to other department entities and Federal 
              agencies.
``Sec. 1923. Responsibilities.
``Sec. 1924. Hiring authority.
``Sec. 1925. Testing authority.
``Sec. 1926. Contracting and grant making authorities.
``Sec. 1927. Joint annual interagency review of global nuclear 
              detection architecture.
``Sec. 1928. Securing the Cities program.

                  ``Subtitle C--Chief Medical Officer

``Sec. 1931. Chief Medical Officer.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Donovan) and the gentleman from New Jersey (Mr. Payne) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. DONOVAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Department of Homeland Security was created in 
response to the September 11th terrorist attacks and the threats to the 
homeland posed by al-Qaida and other terrorist groups.
  As we pause this week to honor those we lost and the heroic first 
responders who answered the call that day, we recognize that the scope 
of the threat we face has changed dramatically since that time and has 
become much more diverse and diffuse.
  We know that the terrorist groups have long strived to employ 
chemical, biological, radiological, and nuclear materials in their 
attacks. There have been documented reports of ISIS using mustard gas 
in Syria, as well as sarin and chlorine gas used by the Syrian 
Government.
  A plot to release hydrogen sulfide via an improvised chemical 
dispersion device was uncovered by the Australian Federal Police. A 
laptop, reportedly retrieved from an ISIS hideout in Syria in 2014, 
contained plans for bubonic plague and a document that discussed the 
advantages of using biological weapons.
  The rapid evolution of new biological techniques, such as CRISPR 
CAS9, posed potential threats as the new techniques can be used for 
good or evil.
  As the world of threats continues to evolve and becomes more complex, 
it is incumbent upon the Department of Homeland Security to 
continuously assess whether or not it is optimally organized to best 
confront the variety of threats it is expected to counter.
  Last year, former Acting Secretary Elaine Duke determined that the 
Department was, in fact, not organized to best address these threats. 
As a result, on October 6, she notified the committee of her intent to 
use her 872 reorganization authority to establish a Countering Weapons 
of Mass Destruction, or CWMD, Office, headed by an Assistant Secretary 
for CWMD. This reorganization took effect last December.
  However, the Secretary realized that the use of her 872 authority 
would only take her so far, and legislative changes are necessary to 
fully integrate the CWMD Office.
  The bill we are considering today will take the Department the rest 
of the way in developing an integrated, effective organization to 
counter CBRN threats. The bill seeks to ensure that the Department of 
Homeland Security has the structure, authority, and tools it needs to 
counter the threat of weapons of mass destruction.
  It consolidates the Office of Health Affairs and the Domestic Nuclear 
Detection Office into a new Countering Weapons of Mass Destruction 
Office to ensure coordination and unity of effort at the Department of 
Homeland Security on these threats.
  Current DHS Secretary Nielsen has indicated that this bill is one of 
her top legislative priorities, noting that it will: ``Provide DHS 
crucial, legal authorities to protect the homeland . . . and enable DHS 
to more quickly obtain, test, and deploy effective counter-WMD tactics 
and technologies.''
  Mr. Speaker, I include in the Record a letter from Secretary Nielsen 
in support of this bill.


[[Page H8116]]




                              Department of Homeland Security,

                                  Washington, DC, August 30, 2018.
     Hon. Paul Ryan,
     Speaker of the House, House of Representatives, Washington, 
         DC.
       Dear Speaker Ryan: Thank you for your leadership addressing 
     threats to the homeland and strengthening the Department of 
     Homeland Security's (DHS) ability to carry out its mission. I 
     would like to highlight the work being done in Congress to 
     close identified security gaps and better guard against the 
     persistent and evolving threat from weapons of mass 
     destruction (WMD).
       As we saw with the Russian chemical weapon incidents in the 
     United Kingdom, nation-states are using these capabilities 
     for lethal attacks against civilians. At the same time, 
     terrorist groups such as the Islamic State of Iraq and Syria 
     (ISIS) are developing and deploying their own WMD 
     capabilities to use on the battlefield and in external 
     operations in the West. Unfortunately, the U.S. Government--
     including the Department of Homeland Security--lacks the 
     central focal point and authorities needed to decisively 
     combat these dangers and adequately defend the U.S. homeland.
       That is why I am seeking your assistance in authorizing the 
     DHS Countering Weapons of Mass Destruction (CWMD) Office. 
     This is one of my top legislative priorities for DHS, in 
     addition to authorizing DHS to counter the threat posed by 
     the nefarious use of unmanned aircraft systems and 
     authorization of the Cybersecurity and Infrastructure 
     Security Agency, as well as DHS itself. The CWMD legislation 
     sponsored by Representative Donovan (R-NY) and cosponsored by 
     Chairman McCaul (R-TX), H.R. 6198, the Countering Weapons of 
     Mass Destruction Act of 2018, represents a critical step 
     towards enabling the Department to mitigate WMD threats.
       I strongly support this bill's movement under suspension of 
     the rules at the earliest possible opportunity. Once enacted, 
     the legislation will permanently establish the CWMD Office as 
     the nucleus of DHS efforts to guard the homeland against 
     chemical, biological, radiological, and nuclear threats, and 
     it will provide DHS crucial legal authorities to protect the 
     homeland. DHS currently has broad authorities related to the 
     radiological and nuclear detection mission space, but the 
     lack of similar authorities for chemical and biological 
     missions constrains our ability to address threats 
     comprehensively. This legislation would address that 
     disparity and will enable DHS to more quickly obtain, test, 
     and deploy effective counter-WMD tactics and technologies.
       Similar bill language has been reported out of the Senate 
     Homeland Security and Governmental Affairs committee as part 
     of the DHS Authorization bill, H.R. 2825, so I am hopeful 
     that near-term House passage will bring this legislation 
     closer to reaching the President's desk. Thank you again for 
     your attention to this important matter, and for your 
     continued support of the men and women at DHS, who are 
     committed to protecting this Nation.
           Best Regards,
                                              Kirstjen M. Nielsen,
                                                        Secretary.

  Mr. DONOVAN. Mr. Speaker, the bill we are considering today is 
similar in intent to the Department of Homeland Security CBRNE Defense 
Act, which passed the House by voice last Congress. Similar legislation 
was approved by the Senate Committee on Homeland Security and 
Governmental Affairs earlier this year, and I am hopeful we will work 
together to swiftly get this important bill to the President for his 
signature.
  Mr. Speaker, I want to thank Chairman Walden of the Energy and 
Commerce Committee for working with me to bring this bill to the floor. 
I urge all Members to join me in supporting H.R. 6198, and I reserve 
the balance of my time.
                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 10, 2018.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman McCaul: I am writing to notify you that the 
     Committee on Energy and Commerce will forgo action on H.R. 
     6198 so that it may proceed to the House floor for 
     consideration. This is done with the understanding that the 
     Committee's jurisdictional interests over this and similar 
     legislation are in no way diminished or altered. In addition, 
     the Committee reserves the right to seek conferees on the 
     bill and expects your support when such a request is made.
       Please include a copy of this letter outlining our mutual 
     understanding with respect to H.R. 6198 in the Congressional 
     Record during consideration of the bill on the House floor.
           Sincerely,
                                                      Greg Walden,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 11, 2018.
     Hon. Greg Walden,
     Chairman, Committee on Energy and Commerce,
     Washington, DC.
       Dear Chairman Walden: Thank you for your letter regarding 
     H.R. 6198, the ``Countering Weapons of Mass Destruction Act 
     of 2018.'' I appreciate your support in bringing this 
     legislation before the House of Representatives, and 
     accordingly, understand that the Committee on Energy and 
     Commerce will forego further consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of this bill at 
     this time, the Committee on Energy and Commerce does not 
     waive any jurisdiction over the subject matter contained in 
     this bill or similar legislation in the future. In addition, 
     should a conference on this bill be necessary, I would 
     support your request to have the Committee represented on the 
     conference committee.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 6198, the Countering Weapons 
of Mass Destruction Act of 2018. This bill authorizes the Department of 
Homeland Security to reorganize itself in order to prevent, prepare 
for, and respond to a biological, chemical, radiological, or nuclear 
attack.
  Yesterday, we came together to mark the 17th anniversary of the 9/11 
terrorist attacks. As a proud New Jerseyan, I carry those images of 
that day in the work that I do in Congress and on the Committee on 
Homeland Security.
  Today, in a small way, we are here to honor the loss and sacrifice 
Americans felt that day by positioning DHS to better address emerging 
terrorist threats. Plans to reorganize DHS' biological, chemical, 
radiological, and nuclear programs first surfaced in the Obama 
administration.
  In December 2017, then-Acting DHS Secretary Elaine Duke exercised her 
statutory authority to reorganize elements within the Department to 
establish a new Countering Weapons of Mass Destruction Office. The CWMD 
Office merged the functions of the Domestic Nuclear Detection Office, 
DNDO; the majority of the Office of Health Affairs, OHA; parts of 
Science and Technology Directorate, S&T parts of DHS Office of 
Strategy, Policy, and Plans, SPP; and DHS Office of Operations 
Coordination, OPS.
  Though many of us in Congress were disappointed that DHS acted 
without explicit congressional authorization to make this major 
operational change, the reorganization appears to have been effective 
in harmonizing efforts within DHS.
  I am pleased that the legislation before you today contains language 
authored to ensure that CWMD Office leverages research and development 
resources and capabilities by coordinating with the Science and 
Technology Directorate.
  H.R. 6198 also contains language, already passed by the House, to 
authorize the Securing the Cities program. Securing the Cities is an 
important tool to protecting New York City and other major metropolitan 
areas.
  Mr. Speaker, I would encourage my colleagues to support this bill, 
and I reserve the balance of my time.
  Mr. DONOVAN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. McCaul), the distinguished chairman of the 
Committee on Homeland Security.
  Mr. McCAUL. Mr. Speaker, I rise today in support of the Countering 
Weapons of Mass Destruction Act to help protect our homeland from the 
world's most dangerous weapons.
  Yesterday, we observed the 17th anniversary of the 9/11 terror 
attacks. On that day in 2001, 19 Islamist terrorists turned airplanes 
into cruise missiles and crashed them into the Twin Towers, the 
Pentagon, and a field in Shanksville, Pennsylvania. Had it not been for 
the heroic passengers on United Airlines flight 93, this very building, 
the Capitol, could have been destroyed.
  Almost 3,000 innocent people were killed and thousands more injured. 
It was the most devastating attack on our homeland in our Nation's 
history, targeting our military, economic, and political symbols of 
power.
  While attending a memorial service at the Pentagon yesterday, many of 
us remembered the images from 9/11 and they returned to me: the towers 
falling, the Pentagon on fire, and our brave first responders running 
into

[[Page H8117]]

harm's way to save their fellow citizens.
  I also remembered that in the aftermath of the attack, we pledged to 
never forget: never forget the pain we felt, never forget the victims, 
and never forget that our enemies will search for new ways to attack 
our country.
  Today, the most serious threats to our national security come from 
biological, chemical, and nuclear weapons. Over the last few decades, 
North Korea has been developing nuclear weapons and intercontinental 
ballistic missiles to deliver them.
  The terror-sponsoring regime in Iran has also been building a nuclear 
program, and Bashar al-Assad's evil dictatorship in Syria has used 
chemical weapons to kill innocent civilians, including women and 
children.
  Russia recently used a chemical weapon in an assassination attempt in 
Great Britain, and reports of terror groups like al-Qaida have been in 
pursuit of weapons of mass destruction for many, many years.
  These weapons are real and lethal. A WMD attack in the United States 
could kill millions of people and bring economic mayhem. We cannot 
allow these weapons to be used on our soil.
  To prevent this from happening, we must give the Department of 
Homeland Security the authority it needs to counter the threat. This 
legislation will consolidate the Office of Health Affairs and the 
Domestic Nuclear Detection Office, along with other department 
programs, into a Countering Weapons of Mass Destruction Office.
  I personally talked to the Secretary who strongly supports this 
legislation. I believe DHS is making good progress in this direction, 
but this legislation will ensure that they have the necessary 
authorities to counter these dangerous threats.
  This is an opportunity, I believe, for both parties on the day after 
9/11--both Republican and Democrat, as we do so many times on this 
committee--to come together and pass legislation that will strengthen 
our homeland.
  I would like to thank Congressman Donovan from New York, where this 
awful, tragic event happened 17 years ago, for all of his hard work on 
this issue, and Congressman Payne, who has always been a team player, 
if you will, on the other side of the aisle, for working together to 
get good things done for the country which will better protect the 
American people.

                              {time}  1445

  Mr. PAYNE. Mr. Speaker, in closing, the ultimate success of the CWMD 
Office rests with the dedicated men and women who have served at the 
Department.
  The threat landscape is diverse, with conventional and 
nonconventional threats emerging daily. It is critical that we stay 
vigilant and do all we can to ensure that the Federal Department we 
established in response to the 9/11 attacks is positioned to meet the 
demands of the current threat landscape. By passing H.R. 6198, we can 
do our part to set the CWMD Office on a positive course.
  Mr. Speaker, I urge my colleagues to support this measure, and I 
yield back the balance of my time.
  Mr. DONOVAN. Mr. Speaker, I once again urge my colleagues to support 
H.R. 6198, 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 York (Mr. Donovan) that the House suspend the rules 
and pass the bill, H.R. 6198, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________