Review - HR 7190 Introduced – Fentanyl as WMD

Earlier this month, Rep Boebert (R,CO) introduced HR 7190, the Fentanyl is a WMD Act. The very short (two sentences) bill would require the DHS Assistant Secretary for the Countering Weapons of Mass Destruction (CWMD) Office to “treat illicit fentanyl as a weapon of mass destruction for purposes of title XIX of the Homeland Security Act of 2002” (6 USC 590 et seq). No spending is authorized by this legislation.

Moving Forward

Boebert is not a member of the House Homeland Security Committee to which this bill was assigned for consideration, nor are any of her eleven cosponsors. This means that there is likely insufficient influence to see the bill considered in Committee. I would expect there to be significant bipartisan opposition to the bill were it to be considered.

Commentary

While fentanyl may broadly fall within the scope of the definition of the term ‘weapon of mass destruction’, there is nothing within the current scope or mission of the Countering Weapons of Mass Destruction Office that would help the federal government reduce the flow of that drug into this country. Either the sponsors of this bill are unaware of the mission of the CWMD Office, or this legislation is just another bit of political grandstanding. In my opinion, while I would not be surprised at these particular congresscritters being uniformed, I suspect the latter.

 

For more details about the CWMD Office and its mission with respect to the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-7190-introduced - subscription required.

HR 3224 Passes in House – CWMD Extension

Yesterday the House took up HR 3324, the Countering Weapons of Mass Destruction Extension Act of 2023, under the suspension of the rules process. After 20 minutes of debate a recorded vote was demanded. The bill passed by a vote of 394 to 0.

The bill would amend 6 USC 591(e) by changing the Office’s termination date (which is currently December 31st, 2023) to “seven years after the date of the enactment of the Countering Weapons of Mass Destruction Extension Act of 2023”.

The bill now goes to the Senate for consideration. During a markup hearing for S 1798, a bill which also extends the CWMD Office, but includes a major rewrite of 6 USC 591, the current authorization language, Sen Paul (R,KY) voted against approving that bill. I suspect that Paul would object to this bill’s consideration under the Senate’s unanimous consent process, which would effectively kill this bill.

Paul has a long legislative history of objecting to unanimous consent motions for consideration of legislation. While he often objects specifically to the bill in question, he more often attempts to use his objection as a tool to force the consideration of one of his pet amendments or bills. This has been a pain in the legislative process, but this year his power to block legislation has been expanded because he is the Ranking Member of the Senate Homeland Security and Governmental Affairs Committee. This allows him to block amendments to other bills if that amendment were subject to HSAGA oversight. This means, that even if the language for HR 3324 were offered as an amendment to the NDAA next year, it would not be considered in the Senate if he objected.

H 3224 Reported in House – CWMD Reauthorization

Last month, the House Homeland Security Committee published their Report on HR 3224 [removed from paywall], the Countering Weapons of Mass Destruction Extension Act of 2023. The Committee considered the bill during a business meeting on May 17^th, 2023. The legislation was ordered reported favorably without amendment by a voice vote.

The bill would extend the current authorization of the DHS Countering Weapons of Mass Destruction (CWMD) Office for seven years. The legislation would also require the Government Accountability Office to compile a report on the CWMD efforts. The current authorization expires on December 21^st, 2023.

There is no specific spending authorization in the HR 3224, but the Congressional Budget Office section of the report (pgs 3-4) notes that Congress appropriated $433 million for the Office in 2023. Expanding on that base, the CBO expects this extension to cost $1.5 billion through 2028.

There are no alternative views included in the Committee’s Report.

Moving Forward

With the publication of this report the bill is cleared for consideration by the whole House at the pleasure of the leadership. The voice vote approval by the Homeland Security Committee and the lack of alternate views in the Report are indicative of broad, bipartisan support for the bill. This means that it would likely be considered under the House’s suspension of the rules process. This would mean limited debate, no floor amendments, while requiring a super majority for passage. This bill would almost certainly pass.

Review – HR 3224 Introduced – WMD Office Extension

Last month, Rep D’Esposito (R,NY) introduced HR 3224, the Countering Weapons of Mass Destruction Extension Act of 2023. The bill would extend the current authorization of the DHS CWMD Office for seven years. There is no new funding authorized in this legislation.

Moving Forward

On May 17^th, the House Homeland Security Committee considered HR 3224 during a business meeting. The bill was adopted by a voice vote without amendment. The bill will likely be considered by the full House, perhaps before the summer recess, under the suspension of the rules process. This will mean limited debate and no floor amendments. It will almost certainly pass with strong bipartisan support.

Commentary

It has always seemed odd to be that the CWMD Office has no linkage to the Chemical Facility Anti-Terrorism Standards (CFATS) program. True, chemical weapons are only a small part of the CWMD’s purview, but they are a part. The CFATS program is in CISA and it is a regulatory program, so it definitely does not fit directly into the CWMD Office profile, but there ought to be some formal coordination linkage between the two programs.

 

For more details about the provision of this bill, including an expanded discussion about coordination efforts, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-3224-introduced - subscription required.