[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[House]
[Pages 10278-10281]
[From the U.S. Government Publishing Office, www.gpo.gov]




    DEPARTMENT OF HOMELAND SECURITY INTEROPERABLE COMMUNICATIONS ACT

  Ms. McSALLY. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to 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 Senate amendment is as follows:
  Senate amendment:

       Strike out all after the enacting clause and insert:

     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. DEFINITIONS.

       In this Act--
       (1) the term ``Department'' means the Department of 
     Homeland Security;
       (2) the term ``interoperable communications'' has the 
     meaning given that term in section 701(d) of the Homeland 
     Security Act of 2002, as added by section 3; and
       (3) the term ``Under Secretary for Management'' means the 
     Under Secretary for Management of the Department of Homeland 
     Security.

     SEC. 3. 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 subsection (a)(4), 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:
       ``(d) Interoperable Communications Defined.--In this 
     section, the term `interoperable communications' has the 
     meaning given that term in section 7303(g) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 194(g)).''.

     SEC. 4. STRATEGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, 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 strategy, 
     which shall be updated as necessary, for achieving and 
     maintaining interoperable communications among the components 
     of the Department, including for daily operations, planned 
     events, and emergencies, with corresponding milestones, that 
     includes the following:
       (1) An assessment of interoperability gaps in radio 
     communications among the components of the Department, as of 
     the date of enactment of this Act.
       (2) Information on efforts and activities, including 
     current and planned policies, directives,

[[Page 10279]]

     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--
       (1) any intra-agency effort or task force that has been 
     delegated certain responsibilities by the Under Secretary for 
     Management relating to achieving and maintaining 
     interoperable communications among the components of the 
     Department by the dates referred to in subsection (a)(7); and
       (2) who, within each such component, is responsible for 
     implementing policies and directives issued by the Under 
     Secretary for Management to so achieve and maintain such 
     interoperable communications.

     SEC. 5. REPORT.

       Not later than 100 days after the date on which the 
     strategy required under section 4(a) is submitted, and every 
     2 years thereafter for 6 years, 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 to implement the strategy required 
     under section 4(a), including the following:
       (1) Progress on each interim milestone referred to in 
     section 4(a)(7) 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 for Management.
       (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 for Management to achieve and maintain 
     interoperable communications among the components.
       (4) Information on any additional resources or authorities 
     needed by the Under Secretary for Management.

     SEC. 6. APPLICABILITY.

       Sections 4 and 5 shall only apply with respect to the 
     interoperable communications capabilities within the 
     Department and components of the Department to communicate 
     within the Department.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Arizona (Ms. McSally) and the gentleman from Mississippi (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Arizona.


                             General Leave

  Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and to include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Arizona?
  There was no objection.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  As the chairman of the Committee on Homeland Security's Subcommittee 
on Emergency Preparedness, Response, and Communications, I rise today 
in support of H.R. 615, the Department of Homeland Security 
Interoperable Communications Act, of which I am proud to be a 
cosponsor. This bill was introduced by the gentleman from New Jersey, 
the subcommittee's ranking member, Mr. Payne.
  The 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. It is vital that the Department's components are able to 
effectively communicate day to day and, most importantly, during 
emergencies.
  In response to the findings of this inspector general's report, I 
joined Chairman McCaul and Oversight and Management Efficiency 
Subcommittee Chairman Perry in requesting a review of this issue by the 
Government Accountability Office. Their report, which was released in 
March, found that nearly 3 years after the inspector general's report, 
communications problems persist in the Department and among its 
components. In particular, Customs and Border Protection and 
Immigration and Customs Enforcement personnel reported to the GAO that 
the lack of interoperability in some cases along the border resulted in 
missed apprehensions and jeopardized agent safety.
  My district is on the southwest border. I know the challenges our 
Border Patrol agents, CBP officers, and ICE agents face in meeting 
their vital missions. It is unacceptable that they lack the tools and 
training necessary to communicate with each other. This bill seeks to 
make this more of a priority at the headquarters level.
  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 180 days after enactment and to periodically 
report to Congress on efforts to implement this strategy.
  This bill passed the House in February by a vote of 379-0. I 
appreciate the swift action of the Senate Homeland Security and 
Governmental Affairs Committee under the leadership of my friend, 
Chairman Johnson. Their thoughtful additions have served to further 
improve this bill. I urge all Members to join me in supporting it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  I rise in strong support of the Senate amendment to H.R. 615, the 
Department of Homeland Security Interoperable Communications Act.
  In November 2012, the inspector general of the Department of Homeland 
Security issued an assessment of the interoperable communications 
capability among DHS components. The inspector general found that, of 
the 479 field radios that attempted to communicate on a specific common 
channel, only one user could do so. That is a 99 percent failure rate.
  In short, DHS, which is the Federal entity charged with providing 
guidance to State and local governments to improve interoperable 
emergency communications, was not practicing what it preached. The 
inspector general found that DHS' interoperable challenges were not 
technological in nature. Rather, they were attributed to the fact that 
there was no one leading the effort to drive changes in the field. 
Further, there were no policies in place to ensure that the 123,000 
radio users at DHS understood how to use the communications equipment 
issued to them.
  Throughout my tenure on the Committee on Homeland Security, I have 
repeatedly sought opportunities to drive home the message that 
interoperable communications are critical to the Homeland Security 
mission at the Federal, State, and local levels.
  Addressing this fundamental operational challenge is consistent with 
the DHS Unity of Effort initiative. So it would seem that the timing is 
right for real progress. However, late last month, we learned from the 
inspector general that, nearly 3 years after the issuance of the first 
report, DHS' components' inability to communicate effectively on the 
DHS common channel persists and that DHS has not completed the 
corrective actions necessary to resolve the problem. The inspector 
general's most recent findings confirm

[[Page 10280]]

that it is going to take directing the Department in law to get this 
done. That is why I was happy to support Ranking Member Donald Payne, 
Jr., when he introduced this legislation.
  H.R. 615 would put DHS components on the path to achieving 
interoperable communications by directing the Department's Under 
Secretary for Management to develop a strategy to achieve 
interoperability. The taxpayers have spent $430 million on 
interoperable communications capabilities at the Department so far. In 
this austere fiscal climate, we cannot afford to waste more money 
investing in communications capabilities when DHS lacks the policies 
that are sure to be effective.
  With the help of full committee Chairman McCaul and subcommittee 
Chairwoman McSally, the Department of Homeland Security Interoperable 
Communications Act passed the House unanimously earlier this year. 
Subsequently, our Senate counterparts approved H.R. 615 by unanimous 
consent with some enhancements. I urge my colleagues to concur with the 
Senate amendment to H.R. 615 and send this bill to the President's 
desk.
  The inspector general's report identifying the urgent interoperable 
communications problem at DHS came out 3 years ago. A comprehensive 
solution is long overdue. Unfortunately, the Department has still not 
implemented appropriate corrective action. I commend subcommittee 
Ranking Member Payne for introducing this important legislation and for 
his efforts to get it enacted into law. I urge my colleagues to concur 
with the Senate amendment of H.R. 615.
  Mr. Speaker, I yield back the balance of my time.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  I, once again, urge my colleagues to support H.R. 615, which seeks to 
enhance interoperable communications at the Department of Homeland 
Security.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of the Concur 
in the Senate Amendment to 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 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.
  Mrs. BROOKS of Indiana. Mr. Speaker, I rise today in support of H.R. 
615, the Department of Homeland Security Interoperable Communications 
Act. I want to commend Mr. Payne on this momentous day for the hard 
work he has spent crafting and shaping this bill.
  A year ago, when I was Chairman of the Subcommittee on Emergency 
Preparedness, Response, and Communications, Mr. Payne approached me 
with concern after learning that DHS has not achieved Department-wide 
interoperability. He told me that although nationwide over $13 billion 
has been invested in achieving interoperable communications at the 
State and local level, the DHS Office of Inspector General, found that 
``personnel do not have reliable interoperable communications for daily 
operations, planned events, and emergencies.''
  As a former U.S. Attorney, who helped set up Indiana's Anti-Terrorism 
Advisory Council and Fusion Center, I was astounded by this persistent 
information gap and pledged to work with the gentleman on producing and 
moving a bill that puts DHS on the path to achieving interoperability.

[[Page 10281]]

  The bill before us does this by requiring the Department's Under 
Secretary for Management to develop a strategy for achieving and 
maintaining interoperable communications between the DHS components. 
Moreover, it requires DHS to report to Congress on the progress it is 
making toward achieving these milestones.
  Seamless communication between first responders in the aftermath of a 
disaster is absolutely vital to coordinating an effective response. As 
we learned on 9/11, inoperability of first responders' communication 
systems led to confusion, duplication, and discord that cost some brave 
men and women their lives. The federal government must take the lead in 
this effort and develop a system that will allow DHS's own components 
to effectively communicate both day to day and, most importantly, 
during emergencies.
  After nearly a year and three votes on the House floor, I'm proud of 
the tenacity and dedication of the gentleman in sheparding this bill 
through both chambers. I'm proud to support this bill that will head 
directly to the President's desk for signature and thus improve the 
safety of all our communities.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 615.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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