[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[House]
[Pages 11360-11363]
[From the U.S. Government Publishing Office, www.gpo.gov]




    DEPARTMENT OF HOMELAND SECURITY INTEROPERABLE COMMUNICATIONS ACT

  Mrs. BROOKS of Indiana. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4289) 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. 4289

       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

[[Page 11361]]

     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 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 gentlewoman from 
Indiana (Mrs. Brooks) and the gentleman from New Jersey (Mr. Payne) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Indiana.


                             General Leave

  Mrs. BROOKS of Indiana. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in 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 
gentlewoman from Indiana?
  There was no objection.
  Mrs. BROOKS of Indiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 4289, the Department of 
Homeland Security Interoperable Communications Act, introduced by the 
gentleman from New Jersey and the ranking member of the Subcommittee on 
Emergency Preparedness, Response, and Communications, Mr. Payne. I am 
happy to be an original cosponsor of this important legislation, which 
the Committee on Homeland Security also approved last month by a 
bipartisan voice vote.
  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. 4289 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 own 
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 own components are able to effectively communicate day to 
day and, most importantly, during emergencies.
  In order to ensure the Department is taking the necessary steps to 
achieve and maintain interoperable communications capabilities, H.R. 
4289 requires the Department's Under Secretary for Management to submit 
an interoperable communications strategy to the Department of Homeland 
Security no later than 120 days after enactment.
  I applaud the ranking member for his work and leadership on bringing 
this to the floor.
  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 such time as I may consume.
  I rise in strong support of H.R. 4289, the Department of Homeland 
Security Interoperable Communications Act.
  Mr. Speaker, when I began my work on this subcommittee last year, I 
was shocked to learn how much money had been spent on interoperable 
communications since the September 11 terrorist attacks. Nationwide, we 
have spent over $13 billion to achieve interoperable communications at 
the State and local level, and we are not there yet.
  Given the degree of attention that the Federal Government, in 
general, and DHS, in particular, have devoted to interoperability, I 
was surprised to learn that DHS has not achieved Department-wide 
interoperability.
  Police officers and firefighters from Newark to Jersey City and 
across the 10th Congressional District of New Jersey never leave my 
office without reminding me how important interoperable communications 
are. Nevertheless, according to a November 2012 inspector general 
report, DHS has invested over $430 million into communications 
capabilities for its 123,000 radio users since 2003, but Department 
``personnel do not have reliable interoperable communications for daily 
operations, planned events, and emergencies.''
  Indeed, the inspector general testified before the committee in May 
that in 2012 it asked 479 DHS field radio users to access and use the 
specified channel to communicate. Only one of those 479 radio users--
one of 479--could get on the common channel. That is a 99.8 percent 
failure rate.
  The problem is not technology. Instead, the inspector general found 
that the Department had not established and implemented protocols to 
ensure that components put practices in place to achieve 
interoperability.

[[Page 11362]]

  H.R. 4289, the DHS Interoperable Communications Act, which I 
introduced with my colleague on the Emergency Preparedness 
Subcommittee, Chairwoman Brooks, requires that certain actions be taken 
by DHS leadership to drive components in the field towards 
interoperability. The legislation directs 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 capabilities are critical to the mission 
DHS carries out and to first responders across the United States. DHS 
must lead by example.
  Toward that end, I was encouraged that the Department's acting Under 
Secretary for Management, Chris Cummiskey, expressed his commitment to 
addressing this issue when he appeared before the subcommittee last 
month. It is my hope that this legislation will bolster his efforts and 
make it clear to everyone in the Department that Congress is looking to 
DHS to achieve interoperability.
  Before reserving my time, I would like to thank Subcommittee 
Chairwoman Brooks for working with me on this measure. We have found 
that there are many issues in terms of this matter, and we have worked 
in a bipartisan manner to make sure that interoperability is achieved.
  I would also like to thank Chairman McCaul and Ranking Member 
Thompson for their help in addressing this issue.
  Mr. Speaker, we have looked at this issue. We continue to talk to 
first responders throughout my district and throughout the Nation. We 
know that these issues around homeland security are bipartisan, and we 
have been able to work on this committee in a manner which we all have 
the same goal, which is to make sure this Nation is safe and the 
homeland is secure.
  I urge my colleagues to support improving the interoperable 
communications at DHS by voting for H.R. 4289. Our communities are 
safer when DHS has the capabilities necessary to effectively carry out 
its mission. Mr. Speaker, we always have to make sure that we keep our 
first responders safe.
  Mr. Speaker, interoperable communications capabilities are essential 
to DHS' ability to carry out its mission on a day-to-day basis when 
disaster strikes. H.R. 4289 would put DHS on the path to achieving 
cross-component interoperable communications, and I urge my colleagues 
to support this measure. We must protect our protectors. Our first 
responders deserve the ability to communicate with each other.
  With that, Mr. Speaker, I yield back the balance of my time.
  Mrs. BROOKS of Indiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, it is vital that the various component agencies of the 
Department of Homeland Security are able to communicate on a daily 
basis, and particularly in times of crisis. As the ranking member has 
pointed out, it is not only our first responders, but all of our 
Federal agencies that deal with crisis daily.
  Right now, numerous components, including being led in part by ICE, 
FEMA, and CBP, are working together to respond to the influx of 
unaccompanied alien children across our southern border. They must 
communicate together with one another. It is so important as they 
address this crisis. This is just one example of the latest reason why 
communications interoperability must be achieved and maintained between 
and among Department of Homeland Security's components.
  I urge all Members to join the ranking member and myself in 
supporting this very important bipartisan legislation.

                              {time}  1730

  Ms. JACKSON LEE. Will the gentlewoman yield?
  Mrs. BROOKS of Indiana. I yield to the gentlewoman from Texas.
  Ms. JACKSON LEE. Let me just indicate that I have just arrived and I 
wanted to support all of the bills, including yours.
  If I might just make one comment about the preclearance bill, which 
we have all worked very hard on. I want to thank Mr. Payne and Mrs. 
Brooks for their leadership, and just make the point that we have 
worked in a bipartisan manner in Homeland Security very effectively.
  I also wanted to make mention in particular of the bill that I worked 
on extensively, H.R. 3488, the Preclearance Authorization Act, and to 
indicate that this is a bill in which the Secretary of Homeland 
Security may establish and conduct preclearance operations. It is 
imperative, as we seek to push out our Nation's borders.
  So we have had a vigorous discussion about how you utilize these 
preclearance sites. I think it comes to mind with some of the sites in 
the Middle East. And in light of where we are today, with TSA having to 
put in place new requirements because of the potential threat, I think 
this is a very positive step, as I do of all the bills, including ones 
dealing with interoperability, which we dealt with during the tragedy 
of 9/11.
  I want to again thank Ranking Member Payne and the full committee 
chair and ranking member for their leadership.
  Mrs. BROOKS of Indiana. Reclaiming my time, I reiterate that I urge 
all Members to join Ranking Member Payne and I in supporting this 
bipartisan legislation.
  The gentlewoman from Texas has been very involved as well on the 
issues involving the unaccompanied alien children and interoperable 
communications issues. I appreciate her comments, and I yield back the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today to express my 
support for H.R. 4289, the ``Department of Homeland Security 
Interoperable Communications Act.''
  One of the major lessons of the September 11th attacks was that 
operable and interoperable communications are imperative to an 
effective response.
  Simply put, when law enforcement and other first responders have 
interoperable communications during an incident or disaster, lives are 
saved.
  As a Nation, we have invested over $13 billion on interoperable 
communications. However, the goal of achieving interoperability 
continues to evade us--even at the Department of Homeland Security, the 
Federal agency that is in charge of driving efforts to achieve 
interoperability at the Federal, State, and local levels.
  In November 2012, the Office of the Inspector General reported that 
DHS' interoperable communications capability was deficient.
  For example, of the radios examined during the OIG's audit, only 20 
percent of them were set up to use the common channel.
  The Inspector General recommended that stronger Departmental 
governance be established to ensure communications policies are fully 
implemented.
  At the time, DHS explicitly rejected the OIG recommendation that a 
stronger governing structure be established and, instead, insisted that 
its existing structures were sufficient.
  Nevertheless, the interoperability problem at DHS persists to this 
day.
  This past May, Inspector General John Roth appeared before the 
Committee on Homeland Security and said: ``I am frankly concerned that 
as we speak today a Secret Service agent in New York can't get on his 
radio and talk to a Federal Protective Service officer in New York or a 
CBP officer in El Paso can't talk to a Homeland Security Investigations 
Agent in the same city.''
  H.R. 4289 would require the Department to undertake the planning and 
oversight necessary to ensure that achievement of interoperability 
within DHS.
  I would like to congratulate Subcommittee Ranking Member Payne, Jr. 
and Chairwoman Brooks for their commitment to addressing this critical 
issue. I wish them success in their efforts and urge my colleagues to 
support H.R. 4289.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland 
Security Committee, I rise in support of H.R. 4289, the ``Department of 
Homeland Security Interoperable Communications Act,'' which will help 
ensure the Department of Homeland Security (DHS) achieves cross-
component interoperability.
  This bill implements several recommendations contained in a 2012 
report of the DHS Inspector General on the status and quality of 
interoperable radio communications.

[[Page 11363]]

  A major finding of the report is that DHS has spent over $430 million 
in the past 9 years for communication purposes but it still does not 
``have interoperable communications for daily operations, planned 
events, and emergencies.''
  The IG report also found that 99% (478 out of 479) of radio users 
surveyed could not find the DHS common channel because the components 
did not ``effectively inform them'' of the correct channel.
  That is why it is important that we vote today to implement the 
following specific recommendations from the report:
  1. Create a structure with the necessary authority to ensure that the 
components achieve interoperability.
  2. Create a structure with the necessary authority to ensure that the 
components achieve interoperability.
  Because the mission of DHS is to ensure that our homeland is safe, 
secure, and resilient against terrorism and other hazards, effective 
communication within the organization is crucial.
  According to the IG, the reason for this lack of communication is 
that DHS's efforts to achieve department-wide interoperable 
communications capability have been undermined by excessive reliance 
upon on Memoranda of Agreement (MOAs) and voluntary participation by 
communications task forces and working groups.
  This means that various agencies within DHS do not have a 
standardized set of policies regarding radios and the department's 
leadership has not been successful in enforcing adherence to those 
policies by all department components.
  Although the IG urged DHS to implement a stronger enforcement 
structure, DHS has not adopted this recommendation, insisting instead 
that its existing structure is effective.
  Plainly, it is not.
  H.R. 4289 follows the recommendation from the report and ensures that 
DHS can achieve cross-component interoperability by:
  Directing the Undersecretary to submit to Congress a strategy for 
achieving Department-wide interoperability within 120 days of 
enactment.
  Report to Congress within 220 days, and biannually thereafter, on the 
progress of efforts to implement the Department-wide interoperability 
strategy.
  Since its founding, the Department of Homeland Security has overcome 
many challenges as an organization but much more progress must be made 
regarding effective inter-operable communication between the federal, 
state, and local agencies.
  Athough not a panacea, H.R. 4289 is a step in the right direction 
because it will help improve DHS' overall functions so that it can more 
effectively protect our people.
  I urge my colleagues to join me in supporting this important 
legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Indiana (Mrs. Brooks) that the House suspend the rules 
and pass the bill, H.R. 4289.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. BROOKS of Indiana. 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.

                          ____________________