[House Report 113-484]
[From the U.S. Government Publishing Office]
113th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 113-484
=======================================================================
DEPARTMENT OF HOMELAND SECURITY INTEROPERABLE COMMUNICATIONS ACT
_______
June 19, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland
Security, submitted the following
R E P O R T
[To accompany H.R. 4289]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 4289 is 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 Department's components.
Background and Need for Legislation
In November 2012, the Department of Homeland Security
(DHS)'s Office of Inspector General (OIG) released a report
entitled, DHS' Oversight of Interoperable Communications, which
found that despite $430 million invested in communications
capabilities, DHS lacks Department-wide interoperability. The
report observed that the Department lacks effective oversight
to achieve interoperable communications among the Department's
components, specifically with radio communications, and that
DHS component personnel were unaware of how to access the
common communications channel and radios were improperly
programmed. Finally, the report found that DHS did not
establish a sufficient governance structure to ensure
Department-wide interoperability. The report states that the
Department believes that its current structure is sufficient to
achieve interoperability; however, the OIG noted that the
structure relies on cooperation, not authority, among the
components, which OIG cautions could hinder future
interoperability efforts. This legislation would require that
the Department develop a strategy to achieve interoperability
and strengthens the governance structure related to
interoperability policies. Finally, this legislation would
ensure that the Department informs the Committee about its
efforts to address the Inspector General's recommendations and
develop and maintain interoperable communications among its
components.
Hearings
Although the Committee did not hold specific legislative
hearings on H.R. 4289, the Committee did hold the following
hearing where interoperability challenges at the Department
were discussed.
113th Congress
On May 7, 2014, Committee on Homeland Security held a
hearing entitled ``Preventing Waste, Fraud, Abuse and
Mismanagement in Homeland Security--A GAO High-Risk List
Review.'' The Committee received testimony from Hon. Alejandro
N. Mayorkas, Deputy Secretary, U.S. Department of Homeland
Security; Hon. Gene L. Dodaro, Comptroller General of the
United States, Government Accountability Office; and Hon. John
Roth, Inspector General, U.S. Department of Homeland Security.
112th Congress
On November 17, 2011, the Subcommittee held a hearing
entitled ``Ensuring Coordination and Cooperation: A Review of
the Emergency Communications Offices Within the Department of
Homeland Security.'' The Subcommittee received testimony from
Mr.Chris Essid, Director, Office of Emergency Communications,
Department of Homeland Security; Mr.John O'Connor, Manager,
National Coordinating Center for Communications, National
Protection and Programs Directorate, Department of Homeland
Security; Mr.Damon Penn, Assistant Administrator, National
Continuity Programs, Federal Emergency Management Agency,
Department of Homeland Security; Mr.Eric Edwards, Director,
Disaster Emergency Communications Division, Response
Directorate, Federal Emergency Management Agency, Department of
Homeland Security; and Ms.Linda K. Moore, Specialist in
Telecommunications and Spectrum Policy, Congressional Research
Service.
Committee Consideration
The Committee met on June 11, 2014, to consider H.R. 4289,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment by voice vote.
The Subcommittee on Emergency Preapredness, Response, and
Communications met on March 27, 2014, to consider H.R. 4289,
and ordered the measure forwarded to the Full Committee with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4289.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4289, the Department of Homeland Security Interoperable
Communications Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4289, the DHS
Interoperable Communications Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4289--DHS Interoperable Communications Act
H.R. 4289 would require the Department of Homeland Security
(DHS), within 120 days of the bill's enactment, to devise a
strategy to improve communications among DHS agencies. Within
220 days of enactment and biannually thereafter, DHS would have
to prepare a report on the implementation of that strategy.
There are ongoing activities within the department to improve
communications, so CBO estimates that implementing the bill
would not significantly affect spending by DHS in any year.
Enacting the legislation would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 4289 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 4289 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 4289 directs the Under Secretary for Management to
submit a strategy to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate within 120 days of
enactment on how the Department of Homeland Security will
achieve and maintain interoperable communications among its
components.
Duplicative Federal Programs
The Committee finds that H.R. 4289 does not contain any
provision that establishes or reauthorizes a program known to
be duplicative of another Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 4289 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4289 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Department of Homeland Security Interoperable Communications
Act''.
Sec. 2. Inclusion of interoperable communications capabilities in
responsibilities of Under Secretary for Management
This section amends section 701 of the Homeland Security
Act of 2002 (Pub. L. 107-296) to include, among the
responsibilities of the Under Secretary for Management (USM),
developing policies and directives to achieve and maintain
interoperable communications among the components of the
Department. With respect to section 701, the bill defines
interoperable communications to mean the ability of
departmental components to communicate with one another, as
necessary, to exchange voice, data, and video for daily
operations, planned events, and emergencies.
Sec. 3. Strategy
This section requires the USM, within 120 days of
enactment, to develop and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate (the
Committees), a strategy for achieving and maintaining
interoperable communications among the components including:
Information on efforts and activities, including
current and planned policies and directives, and training to
achieve and maintain interoperable communications among the
components;
An assessment of obstacles and challenges to
achieving and maintaining interoperable communications;
An assessment on the adequacy of mechanisms
available to the USM to enforce and compel compliance with
interoperable communications policies and directives;
Guidance provided to the components to implement
Departmental communications policies and directives;
The total amount of funding expended by the
Department since November 1, 2012, and projected future
expenditures, to achieve interoperable communications; and
Dates upon which Department-wide interoperability
is projected to be achieved.
When transmitting the strategy to the Committees, the USM
must also share information on any intra-agency efforts or
taskforce to which the USM has delegated responsibility for
achieving and maintaining interoperable communications, along
with the individual responsible for implementing the policies
and directives at the component level.
The Committee is disappointed that the Department has spent
$430 million on communications capabilities without
effectuating the changes within practices in the components to
achieve interoperability. The Committee believes that to
advance interoperability goals at the Department, there needs
to be leadership at the highest level and that implementation
of interoperability-related directives by components should be
mandatory, not voluntary. The Committee intends for this
section to require the Department to establish a governance
structure with the necessary authority to ensure that the
components achieve interoperability and that the necessary
policies are developed and disseminated.
Sec. 4. Report
This section requires the USM to submit, within 220 days of
enactment and biannually thereafter, a report to the Committees
detailing the status of efforts to implement the strategy
required under section three.
In recognition of the importance of this undertaking, the
Committee requires the Department to report, on an ongoing
basis, about progress on achieving interoperability within the
Department.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VII--MANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to
the Secretary on matters related to the management of the
Department, including management integration and transformation
in support of homeland security operations and programs. The
Secretary, acting through the Under Secretary for Management,
shall be responsible for the management and administration of
the Department, including the following:
(1) * * *
* * * * * * *
(4) Information technology and communications
systems, including policies and directives to achieve
and maintain interoperable communications among the
components of the Department.
* * * * * * *
(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.
* * * * * * *