Showing posts with label HR 4289. Show all posts
Showing posts with label HR 4289. Show all posts

Wednesday, July 9, 2014

Two Other Homeland Security Bills Also Passed Yesterday

In addition to the passage of HR 4007 yesterday two other homeland security related bills that have been previously discussed in this blog were also passed under the suspension of the rules process. The two bills were passed with recorded votes that were substantially bipartisan.

The two bills are:


Both bills had substantial bipartisan support in the House Homeland Security Committee and that was reflected in the final votes on the floor of the House. HR 4263 passed by a vote of 375 to 19, with the opposition coming from Republicans. HR 4289 passed by a vote of 393 to 0.


If these bills get taken up by the Senate it will probably be under a unanimous consent process at the end of a slow day.

Monday, June 9, 2014

Congressional Hearings – Week of 6-8-14

Both the House and Senate will be working in Washington this week. Spending bills dominate; two spending markup hearings and a Rules Committee hearing make the list of potential specific interest to readers of this blog. Also included would be another markup hearing of miscellaneous homeland security bills and a Senate oversight hearing on DHS.

Spending Bills

The House Appropriations Committee will mark up the FY 2015 Defense spending bill on Tuesday and the DHS spending bill on Wednesday. Committee drafts are not yet publicly available.

The House Rules Committee will be holding a hearing on Tuesday that will include the Agriculture spending bill, HR 4800. The text of that bill and the Appropriations Committee report are both available on the Rules Committee web site.

The Full House will begin consideration of HR 4745, the FY 2015 THUD spending bill today under an open rule. I expect that we will see at least one crude oil train related amendment offered.

Homeland Security Markups

The House Homeland Security Committee will meet on Wednesday to mark up a number of bills. Of particular interest to readers of this blog will be:

HR 3202, the “Essential Transportation Worker Identification Credential Assessment Act”;
HR 4263, the "Social Media Working Group Act of 2014"’; and
HR 4289, the “Department of Homeland Security Interoperable Communications Act”

DHS Oversight

The Senate Judiciary Committee will hold an oversight hearing on DHS operations on Wednesday. This will be a high-level review with little in the way of details.

Thursday, March 27, 2014

Markup Results on DHS Communications Bills

This morning the Emergency Preparedness, Response, and Communications Subcommittee of the House Homeland Security Committee met to conduct a markup hearing on three communications related bills. Those bills were:

HR 3283, the Integrated Public Alert and Warning System Modernization Act of 2013;
HR 4263, the Social Media Working Group Act of 2014; and
HR 4289, the DHS Interoperable Communications Act.

The Subcommittee agreed to all three bills by voice vote. The first two were amended before being agreed to, but the last was agreed to without change.

HR 3283 Changes

As I noted earlier, Rep Brooks (R,IN) offered an amendment in the form of a substitute. This revised language was further amended by four amendments from Rep. Payne (D,NJ) that were considered en bloc; four amendments from Rep. Clarke (D,NY) that were considered en bloc; and a single amendment from Rep. Higgins (D,NY). All amendments were agreed to by voice vote.

Most of the Payne amendments were minor word changes, but the last one would require DHS to determine which commercial wireless devices were capable of receiving the warnings broadcast under the Integrated Public Alert and Warning System and to annually publish a list of those devices.

All four of the Clarke amendments were related to cybersecurity concerns. They included:

• A requirement to ensure that the Integrated Public Alert and Warning System is hardened ‘to the greatest extent practicable’ against cyber-attack (listed in two separate places);
• A requirement to add Under Secretary for Cybersecurity and Communications of the Department of Homeland Security to the members of the Advisory Committee; and
• A requirement for the Advisory Committee to conduct an assessment of the cybersecurity of the Integrated Public Alert and Warning System.

The Higgins amendment would require the Advisory Committee to consider lessons learned each time the Integrated Public Alert and Warning System is used.

HR 4263 Changes

Again, I reported earlier that Ranking Member Payne had offered an amendment in the form of a substitute for this markup. That language was further amended by a separate amendment from Mr. Payne that added the Office of Disability Integration and Coordination of FEMA to the Working Group.

An amendment from Higgins would add an additional requirement in the Working Group’s report to Congress about recommendations about how public awareness of the Department’s social media communications could be increased.

Moving Forward


The next step in the legislative process will be the full committee markup hearing and I expect that all three bills will again be marked up in a single hearing. How soon that hearing takes place will be a rough measure of the likelihood that this bill will make it to the floor of the House. If these bills don’t get to the floor before the summer recess, the only way they will likely make it to the President’s desk will to be included in the DHS spending bill.

Wednesday, March 26, 2014

HR 4289 Introduced – DHS Interoperable Communications

As I noted earlier this week Rep. Payne (D,NJ) introduced HR 4289, the DHS Interoperable Communications Act. The bill would require DHS to develop a strategy to implement changes in the department’s operations and equipment that would allow the various DHS components to communicate with each other during operations.

Interoperable Communications

The bill starts off with amending 6 USC 341 by adding a definition of ‘interoperable communications’ as paragraph (d). That definition describes the term as:“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”.

Develop a Strategy

Section 3 of the legislation gives the Under Secretary for Management 120 days to present to congress a copy of a strategy to achieve interoperable communications within the Department. That strategy should provide:

• An assessment of interoperability gaps in radio communications among the components of the Department {§3(a)(1)};
• 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 {§3(a)(2)};
• Planned efforts and activities of the Department to achieve and maintain such interoperable communications {§3(a)(2)};
• An assessment of obstacles and challenges to achieving and maintaining interoperable communications{§3(a)(3)};
• 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 {§3(a)(4)};
• Guidance provided to the components of the Department to implement interoperable communications policies and directives {§3(a)(5)};
• 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 {§3(a)(6)}; and
• 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 {§3(a)(7)}.
As expected there are also provisions for various reports to Congress about the implementation of this strategy.

Moving Forward

As I noted in Monday’s blog about the introduction of this bill this bill has bipartisan support as it was introduced by the Ranking Member of the House Homeland Security’s Emergency Preparedness, Response and Communications Subcommittee and cosponsored by the chair of that Subcommittee Rep Brooks (R,IN). The first markup hearing will be tomorrow, so we can see that this is being pushed along quickly.


I expect that his bill will be adopted easily tomorrow and by the full Committee when that markup is scheduled. The only question past that will be if the bill actually makes it to the floor in either House. This is an election year and this doesn’t look like a high priority in anyone’s re-election campaign. So unless this gets the attention of the Republican leadership in the House and then Sen. Reid’s (D,LV) eye, this bill will probably remain on the desk when this Congress adjourns the final time in December.

Proposed Revisions to HR 3283 and HR 4263

As I noted in an earlier blog post the Subcommittee on Emergency Preparedness, Response and Communications will be holding a markup hearing on Thursday that will look at two bills that I have already covered (HR 3283and HR 4263). They will be considering substitute language in the hearing, so it seems logical to look at the changes that are already being considered.

HR 3283

 The substitute language for the Integrated Public Alert and Warning System Modernization Act of 2013 contains the most modifications of the two bills. It starts out by changing the title slightly to reflect the change in the year and it eliminates the short hand name for the new alert system, preferring to use the full descriptive name; the ‘national integrated public alert and warning system’. Note the use of lower case in the name throughout the bill, a more formal name is yet to come.

Some relatively minor changes in wording are made in the findings section of the bill (§2). For example the words “integration, flexibility, comprehensiveness” are added to the description of the expected benefits in §2(2)(A). More significantly there is more emphasis on ‘individuals with disabilities’ in this section; adding §2(2)(D), “an improved ability to notify individuals with disabilities” to the description of benefits. Additionally, the coverage of ‘individuals with disabilities’ is expanded in many places in the bill to specifically address individuals with “sensory disabilities” {see, for example §2(6)}.

Section 526 that is added to the Homeland Security Act of 2002 has seen extensive revisions. In the paragraph describing the program implementation requirements {§526(b)} the first subparagraph was rewritten to explain that the system would be used for alerts related to “an act of terrorism, a natural disaster, war, other man-made disasters, or other hazards to public safety” {§526(b)(1)}. Three other sub-paragraphs were added:

(2) establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the integrated public alert and warning system;

(3) include in the integrated public alert and warning system the capability to adapt the dissemination of homeland security information and other information, and the content of communications, on the basis of geographic location, risks, and multiple communications systems and technologies, as appropriate; and

(7) conduct periodic nationwide tests of the integrated public alert and warning system.

More interestingly, §526(b)(6) from the original bill was removed. That was the only place in the bill that referenced the current National Terrorism Advisory System. It would seem that the never used NTAS would be phased out if this bill becomes law.
Section 526(d), dealing with the establishment of the Integrated Public Alert and Warning System Advisory Committee (IPAWSAC), has some changes made to it as well. The subparagraph dealing with the Federal government representatives on the IPAWSAC adds the Director of the United States Geological Survey (or the Director’s designee) {§526(d)(2)(D)}. Changes are also made to the non-Federal representative in the next subparagraph:

• Adding a ‘consumer or privacy advocates’ category;
• Separating out as a separate category ‘national organizations representing the elderly’; and
• Changing ‘the cellular industry’ to the ‘commercial mobile radio service industry’.

HR 4263

The changes to the Social Media Working Group Act of 2014 are much less extensive, which is appropriate considering how recently it was introduced. Section 318 being added to the Homeland Security Act of 2002 is being changed in three places {§318(g)(1), (2) and (6)}  to add the phrase ‘other emergencies’ in describing when the use of social media is being considered in the bill.

It also amend the reporting requirement for the Social Media Group to require the recommended improvements to social media use be specifically targeted at the use of social media for emergency management purposes [emphasis added].

The Third Bill

The other piece of legislation has now been given the bill number HR 4289, the Department of Homeland Security Interoperable Communications Act. I have not yet had a chance to completely review the committee draft of that bill. It will be done before the Thursday hearing.


Tuesday, March 25, 2014

Bills Introduced – 3-24-14

With both houses back in Washington yesterday there were 10 new bills introduced. One of those may be of specific interest to readers of this blog:

HR 4289 Latest Title: 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. Sponsor: Rep Payne, Donald M., Jr. (D,NJ)

This is obviously the ‘new’ bill that I described last night in the post about the markup hearing on Thursday. This is a bipartisan bill, introduced by the Ranking Member of the Subcommittee on Emergency Preparedness, Response and Communications of the House Homeland Security Committee and co-sponsored by the Chair, Rep Brooks (R,IN).


Since the Committee print of the bill is available, I will be able to do a review of this bill before that hearing.
 
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