[Congressional Record Volume 161, Number 17 (Monday, February 2, 2015)]
[House]
[Pages H677-H680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY INTEROPERABLE COMMUNICATIONS ACT
Mr. CARTER of Georgia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 615) to amend the Homeland Security Act of 2002 to
require the Under Secretary for Management of the Department of
Homeland Security to take administrative action to achieve and maintain
interoperable communications capabilities among the components of the
Department of Homeland Security, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 615
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 ``Department of Homeland
Security Interoperable Communications Act'' or the ``DHS
Interoperable Communications Act''.
SEC. 2. INCLUSION OF INTEROPERABLE COMMUNICATIONS
CAPABILITIES IN RESPONSIBILITIES OF UNDER
SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341) is amended--
(1) in paragraph (4) of subsection (a), by inserting before
the period at the end the following: ``, including policies
and directives to achieve and maintain interoperable
communications among the components of the Department''; and
(2) by adding at the end the following new subsection:
``(d) Interoperable Communications Defined.--In this
section, the term `interoperable communications' means the
ability of components of the Department to communicate with
each other as necessary, utilizing information technology
systems and radio communications systems to exchange voice,
data, and video in real time, as necessary, for acts of
terrorism, daily operations, planned events, and
emergencies.''.
SEC. 3. STRATEGY.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary for Management
of the Department 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 strategy, which shall be
updated as necessary, for achieving and maintaining
interoperable communications (as such term is defined in
subsection (d) of section 701 of the Homeland Security Act of
2002, as added by section 2 of this Act) among the components
of the Department of Homeland Security, including for daily
operations, planned events, and emergencies, with
corresponding milestones, that includes, at a minimum the
following:
(1) An assessment of interoperability gaps in radio
communications among the components of the Department, as of
the date of the enactment of this Act.
(2) Information on efforts and activities, including
current and planned policies, directives, and training, of
the Department since November 1, 2012, to achieve and
maintain interoperable communications among
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the components of the Department, and planned efforts and
activities of the Department to achieve and maintain such
interoperable communications.
(3) An assessment of obstacles and challenges to achieving
and maintaining interoperable communications among the
components of the Department.
(4) Information on, and an assessment of, the adequacy of
mechanisms available to the Under Secretary for Management to
enforce and compel compliance with interoperable
communications policies and directives of the Department.
(5) Guidance provided to the components of the Department
to implement interoperable communications policies and
directives of the Department.
(6) The total amount of funds expended by the Department
since November 1, 2012, and projected future expenditures, to
achieve interoperable communications, including on equipment,
infrastructure, and maintenance.
(7) Dates upon which Department-wide interoperability is
projected to be achieved for voice, data, and video
communications, respectively, and interim milestones that
correspond to the achievement of each such mode of
communication.
(b) Supplementary Material.--Together with the strategy
required under subsection (a), the Under Secretary for
Management 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 information
on any intra-agency effort or task force that has been
delegated certain responsibilities by the Under Secretary
relating to achieving and maintaining interoperable
communications among the components of the Department by the
dates referred to in paragraph (9) of subsection (a), and on
who, within each such component, is responsible for
implementing policies and directives issued by the Under
Secretary to so achieve and maintain such interoperable
communications.
SEC. 4. REPORT.
Not later than 220 days after the date of the enactment of
this Act and biannually thereafter, the Under Secretary for
Management 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 on
the status of efforts, since the issuance of the strategy
required under section 3, to implement such strategy,
including the following:
(1) Progress on each interim milestone referred to in
paragraph (9) of subsection (a) toward achieving and
maintaining interoperable communications among the components
of the Department.
(2) Information on any policies, directives, guidance, and
training established by the Under Secretary.
(3) An assessment of the level of compliance, adoption, and
participation among the components of the Department with the
policies, directives, guidance, and training established by
the Under Secretary to achieve and maintain interoperable
communications among such components.
(4) Information on any additional resources or authorities
needed by the Under Secretary.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Carter) and the gentleman from New Jersey (Mr. Payne) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. CARTER of Georgia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 615, the Department of
Homeland Security Interoperable Communications Act, introduced by the
gentleman from New Jersey (Mr. Payne), the ranking member of the
Committee on Homeland Security's Subcommittee on Emergency
Preparedness, Response, and Communications.
This bill amends the Homeland Security Act of 2002 to include, among
the responsibilities of the Department of Homeland Security's Under
Secretary for Management, achieving and maintaining interoperable
communications among the Department's components.
H.R. 615 addresses the findings and recommendations of a November
2012 DHS Office of Inspector General report, which stated that the
Department does not have the appropriate oversight or governance
structure to ensure communications interoperability among its
components.
The Department has been in the forefront on working with stakeholders
to provide our Nation's first responders with the resources and tools
needed to have effective interoperable communications. Now the
Department needs to practice what they preach. It is vital that the
Department's components are able to effectively communicate day to day
and, most importantly, during emergencies.
Mr. Speaker, I recently visited our southwest border and met with men
and women from the Border Patrol, Customs and Border Protection, and
the Coast Guard who are on the front lines of our efforts to secure the
border. It is vital that they have the ability to communicate with one
another and personnel from other DHS components as they work to achieve
their vital missions.
In order to ensure the Department is taking the necessary steps to
achieve and maintain interoperable communications capabilities, H.R.
615 requires the Department's Under Secretary for Management to submit
an interoperable communications strategy to the Committee on Homeland
Security no later than 120 days after enactment.
I urge all Members to join me in supporting this bill, and I reserve
the balance of my time.
Mr. PAYNE. Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 615, the Department of
Homeland Security Interoperable Communications Act. My goal today is to
put the Department of Homeland Security on the path to achieving
agencywide interoperable communications.
Almost 15 years ago, courageous first responders raced to Lower
Manhattan, to an area that came to be known as Ground Zero. In the days
that followed, first responders from neighboring jurisdictions,
including Jersey City, responded to help with response and recovery
efforts.
Not long after these devastating attacks, concerns were raised about
the interoperability gaps that existed between responders on that
deadly September day. The 9/11 Commission identified improving
interoperable communications at all levels of government as a pressing
recommendation. They emphasized that both technology and governance are
critical components of interoperable solutions and recognized DHS as
the Federal agency responsible for spearheading such an effort.
Though nationwide over $13 billion has been invested in achieving
interoperable communications at the State and local level, we are still
not there. At DHS, over $430 million has been invested into
communication capabilities for its 123,000 radio users since 2003.
However, in 2012, the Department's own top watchdog, the Office of
Inspector General, found that DHS ``personnel do not have reliable
interoperable communications for daily operations, planned events, and
emergencies.''
In May of 2014, the inspector general testified before the Homeland
Security Subcommittee that, out of 479 field radios that attempted to
communicate on a specific channel, only one user could do so. That is a
99.8 percent failure rate.
Too often, communication failures are attributed to technology or a
lack of resources. But here, technology is not the culprit; it is the
scapegoat. Indeed, the inspector general found that DHS had not
established protocols to ensure that practices are in place to achieve
interoperability throughout the Department.
H.R. 615, the DHS Interoperable Communications Act, which I
introduced with the gentlewoman from Indiana, Congresswoman Susan
Brooks, the former chair of the Emergency Preparedness Subcommittee,
would direct the Under Secretary for Management to issue policies and
directives related to interoperability, develop a strategy to achieve
DHS-wide interoperability, and report to Congress biannually on the
Department's progress.
Interoperable communications are essential to emergency response and
Homeland Security operations. The men and women in uniform that serve
and protect the 10th Congressional District of New Jersey never miss an
opportunity to remind me of something we already know: interoperable
communications save lives during disasters.
Interoperable communications challenges must be addressed in a timely
and thoughtful manner. Last Congress,
[[Page H679]]
this Chamber unanimously approved legislation identical to the measure
before you today. Enactment of H.R. 615 into law would put DHS on the
path to achieving interoperability.
I would like to thank the former subcommittee chairwoman, Susan
Brooks, for her dedicated efforts to work with me on this measure. I
will miss working with her on this panel.
I would also like to thank Ranking Member Thompson, Chairman McCaul,
and the new chairwoman of the subcommittee, Ms. McSally, for their
continued support in addressing this important issue.
I urge my colleagues to support improving interoperable
communications at DHS by voting.
Mr. Speaker, I reserve the balance of my time.
Mr. CARTER of Georgia. Mr. Speaker, I yield such time as she may
consume to the distinguished gentlelady from Indiana (Mrs. Brooks), the
former chairman of the Subcommittee on Emergency Preparedness,
Response, and Communications.
Mrs. BROOKS of Indiana. Mr. Speaker, I rise today in support of H.R.
615, the Department of Homeland Security Interoperable Communications
Act.
I did have the opportunity to work on this bill with the fine
gentleman from New Jersey (Mr. Payne), the ranking member of the
Subcommittee on Emergency Preparedness, Response, and Communications
last Congress when I chaired the subcommittee.
I am very pleased to see this bill on the floor today, and I want to
thank Chairman McCaul and Ranking Member Thompson for bringing it back
to the floor.
The need for interoperable communications was highlighted, as the
Congressman from New Jersey noted, by the 9/11 Commission after the
September 11 terrorist attacks. We know that much progress has been
made by first responders across the country in gaining
interoperability, and the Nationwide Public Safety Broadband Network
that is being developed by the First Responder Network Authority will
further contribute to these capabilities.
However, as the Department of Homeland Security inspector general's
November 2012 report illustrated, the Department, itself, has not made
sufficient progress in addressing its own interoperable communications
capabilities.
{time} 1730
H.R. 615 works to address this serious issue by requiring the
Department's Under Secretary for Management to develop a strategy for
achieving and maintaining interoperable communications between the DHS
components. It requires DHS, as you have learned, to report to Congress
on the progress it is making toward achieving milestones.
As a former U.S. attorney who helped set up Indiana's Anti-Terrorism
Advisory Council after 9/11 and Indiana's first fusion center, I know
firsthand the importance of seamless communication between first
responders, especially in times of crisis, including those in the
Department of Homeland Security.
Continued inability to make progress on interoperability can have
serious consequences for public safety across our country. That is why
Congress must hold our various law enforcement agencies, particularly
those in Federal Government, accountable for communicating clearly with
one another to ensure we eliminate confusion, duplication, and discord
among those most necessary when lives are on the line.
That is exactly what the gentleman from New Jersey's bill does, and
that is why I encourage my colleagues to support, once again, this very
important piece of legislation, and I thank him for his leadership.
Mr. PAYNE. Mr. Speaker, I yield 4 minutes to the gentlewoman from New
Jersey (Mrs. Watson Coleman), the ranking member of the Subcommittee on
Oversight and Management Efficiency.
I am glad to have her join us here in Congress for her great ability
in the State legislature, and she has removed me from being the lowest
member in the delegation, off the bottom.
Mrs. WATSON COLEMAN. Mr. Speaker, I thank my colleague from New
Jersey and fellow member of the Committee on Homeland Security, Mr.
Payne, and obviously my senior for yielding me this time.
Mr. Speaker, I rise today in support of Ranking Member Payne's
legislation, H.R. 615, the DHS Interoperable Communications Act. This
commonsense, bipartisan legislation builds upon recommendations made by
the Office of Inspector General of the Department of Homeland Security
by requiring DHS to develop a strategy for achieving interoperable
communications among the Department's components.
During an emergency, be that a terrorist attack or natural disaster
such as Superstorm Sandy that devastated my home State of New Jersey,
it is essential that first responders are able to communicate.
It is also essential that components of the Department of Homeland
Security are able to communicate with one another at all times. H.R.
615, as introduced by my colleague from New Jersey and before us on the
floor today, seeks to make that aspiration a reality.
Sadly, Mr. Speaker, in the 14 years since the terrorist attacks of
September 11, 2001, we have still not reached the day where
interoperable communications is a universal reality among State, local,
and Federal agencies. Ranking Member Payne's bill puts us on a path to
fixing that reality as it relates to the Department of Homeland
Security.
Importantly, the bill clarifies and enhances the Department's Under
Secretary for Management's responsibility for achieving and maintaining
interoperable communications among the components of DHS. By doing so,
the bill focuses this important mission and will aid Congress in
conducting the oversight necessary to see that the policy goals of the
bill are achieved.
As ranking member of the Subcommittee on Oversight and Management
Efficiency, I look forward to conducting robust oversight of DHS'
operations in many areas, including interoperable communications.
Mr. Speaker, I applaud the gentleman from New Jersey (Mr. Payne) for
his work on this legislation and urge all of my colleagues to support
H.R. 615, the DHS Interoperable Communications Act.
Mr. CARTER of Georgia. Mr. Speaker, I have no more speakers. If the
gentleman from New Jersey has no further speakers, I am prepared to
close once the gentleman does.
Mr. PAYNE. Mr. Speaker, I have no more speakers, and I am prepared to
close.
Mr. Speaker, TSA must be able to talk to FEMA and the Coast Guard
during an emergency, be it a terrorist incident or natural disaster.
For that reason, the achievement of cross-component interoperable
communications is essential to DHS' being able to carry out its
mission.
H.R. 615 takes a responsible approach to addressing the oversight
findings of the inspector general and the Committee on Homeland
Security about a serious operational gap at the Department of Homeland
Security: interoperability.
Moreover, an earlier version of this bipartisan measure passed the
House unanimously last Congress. For these reasons, I urge my
colleagues to support H.R. 615.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. CARTER of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, it is vital that the various component agencies at the
Department of Homeland Security be able to communicate on a daily basis
and particularly in times of crisis. This bill will help to ensure
these capabilities are implemented and maintained.
I urge all Members to join me in supporting this legislation, and I
yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 615, the
Homeland Security Interoperable Communications Act for three reasons.
The bill would address interoperability among information technology
systems and radio communications systems to exchange voice, data, and
video in real time.
First, the bill will save lives of first responders and those they
seek to help. Second, the legislation is necessary to create a seamless
level of communication among Department of Homeland Security components
that are first responders to a terrorist attack, natural
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or manmade disaster; and finally to meet the technological challenges
of bridging the communication divide between different communications
systems used by first responders within the Department of Homeland
Security.
As a senior member of the House Committee on Homeland Security, I am
well aware, as are many of my colleagues, of the essential and
lifesaving role of communications during a crisis.
Because the tragedy of September 11, 2001, was compounded by
communication failures among the brave first responders who entered the
burning towers that comprised the World Trade Center it has been an
imperative of the Homeland Security Committee to address first
responder communication interoperability challenges.
The number of first responders lost on that single day was the
greatest loss of first responders at any single event in U.S. History:
343 New York City Fire Department firefighters;
23 New York City Police Department officers;
37 Port Authority Police Department officers;
15 EMTs; and
3 court officers were casualties of the attacks.
The need for this bill authored by Congressman Payne is evident.
The City of Houston covers over a 1000 square mile region in
Southeast Texas. It has a night-time population of nearly two million
people, which peaks with over three million daytime inhabitants.
The city of Houston's 9-1-1 Emergency Center manages nearly 9,000
emergency calls per day. The volume of emergency calls can easily
double during times of inclement weather or special City social/
sporting events like Hurricanes Ike in September 2008; and Katrina as
well as Rita, which occurred in September and October of 2005).
Annually, one out of every ten citizens uses EMS.
There are over 200,000 EMS incidents involving over 225,000 patients
or potential patients annually. On the average, EMS responds to a
citizen every 3 minutes. Each EMS response is made by one of 88 City of
Houston EMS vehicles.
In 2013, the City of Houston's fire Department lost Captain EMT
Matthew Renaud, Engineer Operator EMT Robert Bebee, Firefighter EMT
Robert Garner and Probationary Firefighter Anne Sullivan when they
responded to a hotel fire.
Throughout the history of the Houston Police Department over 110
officers have lost their lives in the line of duty.
Each member of the House of Representatives knows of the loss of a
first responder who was going to the aid of those in harm's way. This
bill will offer additional resources to the first responders of the
Department of Homeland Security.
The bill amends the Homeland Security Act of 2002 to include among
the responsibilities of the Under Secretary for Management
responsibilities with respect to policies and directives to achieve and
maintain interoperable communications among the components of the
Department of Homeland Security (DHS).
The Under Secretary of Homeland Security would submit to the House
and Senate Homeland Security Committees a strategy, which shall be
updated as necessary, for achieving and maintaining interoperable
communications, including for daily operations, planned events, and
emergencies, with corresponding milestones, that includes:
an assessment of interoperability gaps in radio communications DHS
components, as of this Act's enactment date;
information on DHS efforts and activities, including current and
planned policies, directives, and training, since November 1, 2012, to
achieve and maintain interoperable communications, and planned efforts
and activities to achieve and maintain interoperable communications;
an assessment of obstacles and challenges to achieving and
maintaining interoperable communications;
information on, and an assessment of, the adequacy of mechanisms
available to the Under Secretary to enforce and compel compliance with
interoperable communications policies and directives of DHS;
guidance provided to DHS components to implement interoperable
communications policies and directives;
the total amount of funds expended by DHS since November 1, 2012, and
projected future expenditures, to achieve interoperable communications;
and
dates upon which DHS-wide interoperability is projected to be
achieved for voice, data, and video communications, respectively, and
interim milestones.
The bill ensures that the Department of Homeland Security would
conduct a survey of intra-agency efforts or task forces that have been
delegated responsibilities for achieving and maintaining interoperable
communications, and report on the status of these efforts, including:
progress on each interim milestone;
information on any policies, directives, guidance, and training
established by the Under Secretary of Homeland Security;
an assessment of the level of compliance, adoption, and participation
among the DHS components with the policies, directives, guidance, and
training established by the Under Secretary; and
information on any additional resources or authorities needed by the
Under Secretary.
This bill will ensure that the Department of Homeland Security's
first responders are prepared to meet the challenges of manmade or
natural disasters.
I ask my colleagues to join me in voting in favor of H.R. 615.
Mr. McCAUL. Mr. Speaker, I rise in support of H.R. 615, the
Department of Homeland Security Interoperable Communications Act that
was introduced by the Congressman Payne. I am proud to join Ranking
Member Thompson and Congresswoman Brooks in cosponsoring this
legislation that will begin to solve a problem that continues to plague
the Department of Homeland Security.
This measure was written to address a November 2012 DHS Office of
Inspector General report, which found that DHS lacks an effective
governance structure to ensure interoperable communications among its
components. This is unacceptable, and an issue that should be fixed,
especially after the Department has been in existence for well over a
decade.
Component agencies of the Department of Homeland Security must be
able to communicate on a daily basis, and particularly in times of
crisis. One of the benefits of have a Department of Homeland Security
should be that components, including FEMA, ICE, and CBP, are able to
act as one department and communicate at will.
This bill requires the Department's Under Secretary of Management to
submit a strategy to the Committee on Homeland Security on achieving
and maintaining interoperability within the Department.
This measure passed the 113th Congress on a bipartisan vote and I
urge all Members to join me in supporting this important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Carter) that the House suspend the rules
and pass the bill, H.R. 615.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CARTER of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________