[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

[[Page H678]]

     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

[[Page H680]]

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.

                          ____________________