[House Report 118-159]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-159

======================================================================
 
      COUNTERING WEAPONS OF MASS DESTRUCTION EXTENSION ACT OF 2023

                                _______
                                

 July 27, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3224]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3224) to amend the Homeland Security Act of 2002 
to extend the authorization of the Countering Weapons of Mass 
Destruction Office of the Department of Homeland Security, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5

                          Purpose and Summary

    H.R. 3224, The ``Countering Weapons of Mass Destruction 
Extension Act of 2023,'' would extend the sunset clause on the 
Countering Weapons of Mass Destruction (CWMD) Office by seven 
years. The Office is currently set to expire on December 21, 
2023.
    Additionally, this bill requires the Assistant Secretary 
for CWMD to submit a report to and brief Congress on a plan and 
strategy to improve morale within the Office and requires a 
review of the CWMD by the Government Accountability Office 
(GAO).

                  Background and Need for Legislation

    In December 2017, using authorities provided under section 
872 of the Homeland Security Act of 2002, the Trump 
Administration reorganized certain chemical, biological, 
radiological, and nuclear functions at DHS into a new 
``Countering Weapons of Mass Destruction Office (CWMD).'' On 
December 21, 2018, the Countering Weapons of Mass Destruction 
Act of 2018 (P.L. 115-387) was signed into law to fully 
establish and authorize CWMD.
    The mission of the CWMD office is to enable its operational 
partners at the federal, state, and local level to prevent the 
use of weapons of mass destruction against the United States 
and to promote readiness for chemical, biological, 
radiological, and nuclear (CBRN) threats. The CWMD office 
achieves its mission of supporting state, local, Tribal and 
territorial (SLTT) partners through funding, equipment, and 
expertise. Critical programs like the Securing the Cities (STC) 
program provides SLTT governments with resources needed to help 
safeguard their communities from the threat of radiological and 
nuclear terrorism.
    At the federal level, the CWMD office helps protect the 
Nation from radiological threats by working with the U.S. 
Customs and Border Protection (CBP) to acquire Radiation Portal 
Monitors that scan cargo at U.S. ports of entry. The CWMD 
office also procures personal radiation detectors for the U.S. 
Coast Guard, which are specialized for use in a maritime 
environment to detect radiological and nuclear threats.
    Given the mission of the Office, it is imperative that 
critical support to our federal and SLTT partners not be 
allowed to lapse.

                                Hearings

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 3224:
    On May 16, the Emergency, Preparedness, Response, and 
Recovery Subcommittee of the Committee on Homeland Security 
held a joint hearing with the Counterterrorism, Law 
Enforcement, and Intelligence entitled, ``Protecting the 
Homeland: An Examination of Federal Efforts to Support State 
and Local Law Enforcement,'' and received testimony from 
Michael Gerke, Chief of Police, Odessa, Texas; Don Barnes, 
Sheriff, Orange County, California; Michael Cox, Commissioner, 
Boston, Massachusetts; and Rafael Mangual, Fellow, Manhattan 
Institute.
    On July 16, 2021, the Emergency Preparedness, Response, and 
Recovery Subcommittee of the Committee on Homeland Security 
held a hearing entitled, ``Examining the U.S. Department of 
Homeland Security Countering Weapons of Mass Destruction 
Office,'' and received testimony from the Honorable Gary 
Rasicot, Acting Assistant Secretary, CWMD, DHS; and Mr. 
Christopher P. Currie, Director, Homeland Security and Justice, 
GAO.

                        Committee Consideration

    The Committee met on May 17, 2023, a quorum being present, 
to consider H.R. 3224 and ordered the measure to be favorably 
reported to the House by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 3224.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.




    H.R. 3224 would reauthorize the Countering Weapons of Mass 
Destruction Office (CWMD) within the Department of Homeland 
Security (DHS) for seven years after enactment. CWMD leads 
DHS's efforts to prevent the use of chemical, biological, 
radiological, or nuclear weapons, and promotes readiness 
against such attacks by coordinating with federal, state, 
local, tribal, and territorial governments, as well as the 
private sector. Under current law, CWMD's authorization expires 
on December 21, 2023. The bill also would impose reporting 
requirements for CWMD and the Government Accountability Office.
    The Congress appropriated $431 million for CWMD in 2023. 
That includes funding for operations and support, procurement 
and maintenance of chemical, biological, and radiological 
detection equipment, research and development, and assistance 
to state, local, tribal, and territorial governments. Adjusting 
that amount for annual inflation and for CWMD's authorization 
under current law through December 2023, and based on the costs 
of similar reporting requirements, CBO estimates that 
implementing H.R. 3224 would cost $1.5 billion over the 2024-
2028 period. Such spending would be subject to the 
appropriation of the estimated amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 750 (administration of justice).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3224
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       0     334     455     466     477     487      2,219
Estimated Outlays....................................       0      75     225     351     421     457      1,529
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by Ann E. Futrell, Senior Adviser for 
Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3224 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 3224 is to extend the sunset of the Countering Weapons of 
Mass Destruction Office within the Department of Homeland 
Security.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                Applicability to the Legislative Branch

    The Committee finds that H.R. 3224 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states that the Act may be cited as the 
``Countering Weapons of Mass Destruction Extension Act of 
2023''.

Section 2. Extension of authorization of the Countering Weapons of Mass 
        Destruction Office of the Department of Homeland Security

    This section extends the sunset of the Countering Weapons 
of Mass Destruction Office by seven years after the date of the 
enactment of the Act. This section, however, does not apply to 
sections 1931 and 1932 of the Homeland Security Act of 2002. It 
requires the Assistant Secretary of CWMD to submit a report to 
and brief the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on a plan and strategy to 
improve employee morale within the Office.
    Additionally, this section requires the Government 
Accountability Office to conduct a review of and brief Congress 
on efforts of the Office to prioritize the programs and 
activities that carry out the mission of the Office, on the 
consistency and effectiveness of the Office's stakeholder 
coordination across the mission of the Department, and on 
efforts of the Office to manage and coordinate the lifecycle of 
research and development within the Office and with other 
components of the Department, including the Science and 
Technology Directorate.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002



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TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

           *       *       *       *       *       *       *


       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 the efforts of the Department 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 
heads of other Federal agencies, including elements of the 
intelligence community, provide for the reimbursable detail of 
personnel with relevant expertise to the Office.
  (e) Termination.--The Office shall terminate on the date that 
is [5 years after the date of the enactment of the Countering 
Weapons of Mass Destruction Act of 2018] seven years after the 
date of the enactment of the Countering Weapons of Mass 
Destruction Extension Act of 2023.

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