U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–53 

Calendar No. 95 

DHS INTEROPERABLE COMMUNICATIONS 

ACT 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

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. 

MAY 21, 2015.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

KEITH B. ASHDOWN, Staff Director 

CHRISTOPHER R. HIXON, Chief Counsel 

DAVID S. LUCKEY, Director of Homeland Security 

WILLIAM H.W. MCKENNA, Chief Counsel for Homeland Security 

BROOKE N. ERICSON, Deputy Chief Counsel for Homeland Security 

GABRIELLE A. BATKIN, Minority Staff Director 

JOHN P. KILVINGTON, Minority Deputy Staff Director 

MARY BETH SCHULTZ, Minority Chief Counsel 

ROBERT H. BRADLEY, Legislative Assistant 

LAURA W. KILBRIDE, Chief Clerk 


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C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 2 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Congressional Budget Office Cost Estimate ................................................ 4 

VII. Changes in Existing Law Made by the Act, as Reported ........................... 5 


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1Office of Inspector General, Department of Homeland Security, OIG–13–06, DHS’ Oversight 

of Interoperable Communications (2012). 

Calendar No. 95 

114TH CONGRESS SENATE REPORT " ! 1st Session 114–53 

DHS INTEROPERABLE COMMUNICATIONS ACT 

MAY 21, 2015.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany H.R. 615] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred 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, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill as amended do pass. 

I. PURPOSE AND SUMMARY

H.R. 615, the Department of Homeland Security Interoperable 

Communications Act, requires the Under Secretary for Management (USM) of the Department of Homeland Security (DHS or ‘‘the 

Department’’) to develop a strategy for achieving and maintaining 

interoperable communications capabilities among the components 

of the Department of Homeland Security, as well as to report on 

the status of the strategy’s implementation. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

In 2012, the Department of Homeland Security Office of Inspector General issued a report entitled, DHS’s Oversight of Interoperable Communications.1 In the report, the Inspector General noted 

that since 2003, DHS components have spent $430 million on 

equipment, infrastructure, and resources to meet the Department’s 


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2 Id. at 2. 3 Id. at 3. 4 Id. at 3–4. 5 Id. at 6–7. 6 Id. at 3–4. 

communications requirements.2 Yet, the Inspector General also 

concluded that DHS ‘‘personnel do not have reliable interoperable 

communications for daily operations, planned events, and emergencies.’’ 3

The Inspector General found the primary reason for the lack of 

reliable interoperable communications was that DHS did not provide effective oversight of its components.4 The report concluded 

that DHS had not established a sufficient authoritative governance 

structure to ensure Department-wide interoperability, instead relying on a voluntary structure and individual memoranda of agreements between components.5 As a result, DHS personnel were unaware of how to access the common radio channel, radios were improperly programmed, and only one of the 479 field radios users reviewed in the audit could access and use the common channel.6

This legislation is designed to address the interoperability issues 

identified in the Inspector General’s report. H.R. 615 requires the 

Department to develop a strategy to achieve interoperability and 

strengthens the governance structure related to interoperability 

policies. The Department must also report every other year to the 

Committee on its efforts to implement the strategy and develop and 

maintain interoperable communications among its components. In 

developing and implementing the strategy, the Committee expects 

that the USM will collaborate with DHS offices for which interoperable communications is a primary mission, including leveraging existing interoperability planning documents provided by such offices. 

III. LEGISLATIVE HISTORY

Representative Payne, along with Representatives McCaul, 

Brooks, and Thompson, introduced H.R. 615 on January 28, 2015, 

which was referred to the House Committee on Homeland Security. 

The act was discharged and passed the House under suspension 

with a vote of 379–0 on February 2, 2015. The act was received in 

the Senate and referred to the Committee on Homeland Security 

and Governmental Affairs on February 3, 2015. The Committee 

considered H.R. 615 at a business meeting on March 4, 2015. 

Chairman Johnson and Ranking Minority Member Carper offered one amendment in the nature of a substitute, changing the 

definition of interoperability to conform with the definition laid out 

in 6 U.S.C. Section 194(g)(1); requiring the strategy outlined in the 

act to be submitted to Congress no later than 180 days after enactment instead of 120 days; making the report required in Section 5 

of the act to be required 100 days after the strategy is submitted, 

instead of 220 days after the act’s enactment; requiring the report 

to be submitted every other year following the submission of the 

first report, and ending the report after six years; and clarifying 

that the strategy and required reports pertain only to DHS and its 

components. 

The Committee adopted the amendment and ordered the act, as 

amended, reported favorably, both by voice vote. Senators present 

for both the vote on the amendment and the vote on the act were 


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Senators Johnson, Portman, Lankford, Ayotte, Ernst, Carper, 

McCaskill, Baldwin, Heitkamp, and Peters. 

IV. SECTION-BY-SECTION ANALYSIS OF THE ACT, AS REPORTED

Section 1. Short title 

This section provides that the Act may be cited as the ‘‘Department of Homeland Security Interoperable Communications Act’’ or 

‘‘DHS Interoperable Communications Act.’’ 

Section 2. Definitions 

This section defines several terms, including ‘‘interoperable communications.’’ 

Section 3. Inclusion of interoperable communications capabilities in 

responsibilities of Under Secretary for Management 

This section amends section 701 of the Homeland Security Act of 

2002 (Public Law 107–296) to task the USM with overseeing policies and directives to achieve and maintain interoperable communications among the components of DHS. 

This section also defines ‘‘interoperable communications’’ for the 

purposes of section 701 as the ability of emergency response providers and relevant Federal, State, and local government agencies 

to communicate with each other as necessary, through a dedicated 

public safety network utilizing information technology systems and 

radio communications systems, and to exchange voice, data, and 

video with one another on demand, in real time, as necessary. 

Section 4. Strategy 

Subsection (a) requires that within 180 days of the act’s enactment, the USM submit a strategy for achieving and maintaining 

interoperable communications among the components of DHS to 

the House Homeland Security Committee and the Senate Homeland Security and Governmental Affairs Committee. The strategy 

must include: an assessment of interoperability gaps in radio communications among the components of the Department; information 

on efforts, including current and planned policies, directives, and 

training to achieve and maintain interoperable communications 

since November 1, 2012; an assessment of obstacles and challenges 

to achieve and maintain interoperable communications among the 

components of the Department; information on, and an assessment 

of, the adequacy of mechanisms available to the USM to enforce 

and compel compliance with interoperable communications policies 

and directives; guidance provided to implement interoperable communications polices and directives; total funds expended since November 1, 2012, and projected future expenditures to achieve interoperable communications in the form of equipment, infrastructure, 

and maintenance; and dates upon which interoperability is projected to be achieved, along with interim milestones. 

Subsection (b) requires that the USM submit to the House Homeland Security Committee and the Senate Homeland Security and 

Governmental Affairs Committee information on any intra-agency 

effort or task force that has been delegated certain responsibilities 

by the USM relating to achieving and maintaining interoperable 

communications among the components of the Department, and 


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designate who within each component is responsible for implementing interoperable communications. 

Section 5. Report 

This section requires, within 100 days of submitting its interoperability strategy, and once every other year for the following six 

years, for a total of four reports, the USM to report to Congress on 

the status of its efforts. The report must include: progress on each 

interim milestone toward achieving and maintaining interoperable 

communications; information on policies, directives, guidance, and 

training established by the USM; assessment of compliance, adoption, and participation among components of DHS with the USM’s 

policies, directives, guidance, and training; and information on any 

additional resources or authorities needed by the USM. 

Section 6. Applicability 

This section clarifies that the strategy and reports for interoperable communications capabilities required by this act apply only to 

DHS and components thereof for inter- or intra-organizational communications. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this act and determined that the act will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the act contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

MARCH 17, 2015. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 615, 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. 615—DHS Interoperable Communications Act 

H.R. 615 would require the Department of Homeland Security 

(DHS), within 180 days of the legislation’s enactment, to submit to 

the Congress a strategy to improve communications among DHS 

agencies. Within 100 days of that submission, and biannually 

thereafter for a period of six years, DHS would have to prepare a 

report on the implementation of the strategy. There are ongoing activities within the department to improve communications, so CBO 


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estimates that implementing H.R. 615 would not significantly affect spending by DHS. 

Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 615 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. 

VII. CHANGES IN EXISTING LAW MADE BY THE ACT, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by H.R. 615 as 

reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, 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’ 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)). 

* * * * * * * 

Æ 


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