39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 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 


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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, 


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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. 


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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-yougo 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. 


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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; 


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• 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 DepartVerDate Mar 15 2010 03:16 Jun 21, 2014 Jkt 039006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR484.XXX HR484

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ment, 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. 

* * * * * * * 

Æ 


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