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115th Congress } { Rept. 115-963
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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SECURE BORDER COMMUNICATIONS ACT
_______
September 25, 2018.--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. 6742]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6742) to amend the Homeland Security Act of 2002
to ensure that appropriate officers and agents of U.S. Customs
and Border Protection are equipped with secure radios or other
two-way communication devices, supported by system
interoperability, 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............ 3
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Committee Correspondence......................................... 7
Purpose and Summary
The purpose of H.R. 6742, the Secure Border Communications
Act, is to amend the Homeland Security Act of 2002 to require
that the Secretary of Homeland Security ensure appropriate
officers and agents of U.S. Customs and Border Protection (CBP)
are equipped with secure radios or other two-way communication
devices, supported by system interoperability.
The bill requires that CBP communication devices allow
officers and agents to communicate between ports of entry and
inspection stations, and with other Federal, State, Tribal, and
local law enforcement entities operating in the same area of
responsibility. In addition, the bill requires that Border
Patrol Agents operating in remote mission critical locations
and at border checkpoints be outfitted with multi- or dual-band
encrypted portable radios. The radios and communication devices
acquired by the Department of Homeland Security (DHS) shall
have the option to connect to appropriate commercial mobile
broadband networks when feasible. The Secretary may evaluate
new or emerging communication technology to determine whether
they are suitable for border security operational needs as
well.
Background and Need for Legislation
Currently, many of the devices, radios, and communication
networks used by CBP officers and agents are outdated and
hinder interagency communication. Due to a lack of
interoperability of CBP communication systems, officers and
agents actively engaged in law enforcement activities may have
incidents of reduced--or total lack of--communication. At times
they must communicate indirectly with other law enforcement
assets operating in the same area of responsibility. For
instance, Border Patrol Agents patrolling on the ground often
do not have direct radio contact with surveilling CBP air
assets or to other agents working in the area. In addition,
during interagency law enforcement operations, the lack of
radio communication interoperability causes redundancies, as
more personnel are needed to convey timely operational
information.
Hearings
The Committee did not hold any hearing specifically on H.R.
6742, but the Subcommittee on Border and Maritime Security held
hearings relevant to the bill.
On July 25, 2017, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Deter, Detect, and
Interdict: Technology's Role in Securing the Border.'' The
Subcommittee received testimony from Mr. Dennis J. Michelini,
Acting Executive Director of Operations, Air and Marine
Operations, U.S. Customs and Border Protection; Mr. Todd C.
Owens, Executive Assistant Commissioner, Office of Field
Operations, U.S. Customs and Border Protection; Mr. Scott A.
Luck, Acting Deputy Chief, U.S. Border Patrol; and Ms. Rebecca
Gambler, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
On January 9, 2018, the Subcommittee on Border and Maritime
Security held a hearing entitled ``On the Line: Border Security
from an Agent and Officer Perspective.'' The Subcommittee
received testimony from Mr. Brandon Judd, National President,
National Border Patrol Council; Mr. Jon Anfinsen, President,
Local 2366--Del Rio, Texas, National Border Patrol Council; Ms.
Rosemarie Pepperdine, Union Representative, Local 2544--Tucson,
Arizona, National Border Patrol Council; and Mr. Anthony M.
Reardon, National President, National Treasury Employees Union.
Committee Consideration
The Committee met on September 13, 2018, to consider H.R.
6742 and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
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. 6742.
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.
6742, the Secure Border Communications Act, would result in no
new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 6742 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The objective of H.R. 6742 is to ensure that certain U.S.
Customs and Border Protection officers and agents are equipped
with secure radios or other two-way communication devices,
supported by system interoperability.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6742 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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 6742 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6742 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 Act may be cited as the `Secure Border Communications
Act'.
Sec. 2. Secure border communications
This section amends the Homeland Security Act of 2002 to
require that certain U.S. Customs and Border Protection
officers and agents are equipped with secure radios or other
two-way communication devices that enable communication between
ports of entry and inspection stations, and with other Federal,
State, Tribal, and local law enforcement agencies. In addition,
each U.S. Border Patrol Agent patrolling in remote mission
critical locations and at border checkpoints shall be equipped
with a multi-or dual-band encrypted portable radio.
The Committee recognizes the developing role of broadband
and the significant investments in land mobile radio (LMR)
along the border to provide reliable communications. To ensure
effective communication among agents and officers, this section
directs DHS to acquire radios or other communication devices
with the option to connect to commercial mobile broadband
networks for deployment in areas where these networks enhance
operations and are cost effective. The broadband capability
requirement in this section can be fulfilled by having
broadband capability built into a radio or other device.
The Committee believes that communication devices that fall
short of the capabilities outlined in this section pose an
officer safety issue.
While acquiring communication devices, DHS may evaluate new
or emerging communication technologies to determine their
suitability for the unique missions of border security
operations such as solutions that incorporate voice and data
communications.
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
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
Sec. 420. Secure border communications.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. 420. SECURE BORDER COMMUNICATIONS.
(a) In General.--The Secretary shall ensure that each U.S.
Customs and Border Protection officer or agent, if appropriate,
is equipped with a secure radio or other two-way communication
device, supported by system interoperability, that allows each
such officer or agent to communicate--
(1) between ports of entry and inspection stations;
and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) U.S. Border Patrol Agents.--The Secretary shall ensure
that each U.S. Border Patrol agent assigned or required to
patrol in remote mission critical locations, and at border
checkpoints, has a multi- or dual-band encrypted portable
radio.
(c) Commercial Mobile Broadband Connectivity.--In carrying
out subsection (b), the Secretary shall acquire radios or other
devices with the option to connect to appropriate commercial
mobile broadband networks for deployment in areas where such
networks enhance operations and are cost effective.
(d) Emerging Communications Technologies Considered.--In
carrying out this section, the Secretary may evaluate new or
emerging communications technologies to determine their
suitability for the unique conditions of border security
operations.
* * * * * * *
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