[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[House]
[Pages H8752-H8753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SECURE BORDER COMMUNICATIONS ACT

  Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6742

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure Border Communications 
     Act''.

     SEC. 2. SECURE BORDER COMMUNICATIONS.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
     adding at the end the following new section:

     ``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.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 419 the 
     following new item:

``Sec. 420. Secure border communications.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Louisiana (Mr. Richmond) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                              {time}  1445

  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of the Secure Border 
Communications Act.
  Every day our CBP agents and officers serve on the front lines in the 
fight to secure our homeland. They face threats from armed drug 
cartels, dangerous gangs like MS-13, human traffickers, and potential 
terrorists.
  These brave individuals take pride in serving with vigilance, 
integrity, and professionalism in order to keep us safe.
  To be successful, however, they must be equipped with the tools they 
need to do their jobs well. Too often, the communications devices and 
radios used by CBP officers and other agents are outdated and 
unreliable.
  For instance, Border Patrol agents patrolling on the ground may not 
have direct radio contact with CBP air assets or other law enforcement 
officers working the area. This hinders interagency communications and 
jeopardizes their mission and safety.
  At a subcommittee hearing earlier this year, a Border Patrol agent 
stated that she had been issued a radio that often failed. At times, 
she would need to communicate with a fellow agent but was forced to use 
her personal cell phone.
  We cannot allow these kinds of technical failures to endanger the 
lives of our agents and weaken our national security. We must do 
better.
  Fortunately, we can begin to fix this problem today. This legislation 
will ensure that CBP agents and officers are equipped with 
interoperable and secure radios or two-way communication devices.
  In addition, this bill highlights the importance of reliable 
encrypted communications that will prevent powerful cartels from 
intercepting sensitive information, such as our CBP agents' and 
officers' locations.
  Passing this bill is a simple step that we can take to help our CBP 
agents do their jobs and protect our homeland.
  I would like to thank Congressman Mast for all his hard work on this 
issue. Congressman Mast is no stranger to service and sacrifice, 
serving overseas in our wars in Iraq and Afghanistan, and he has the 
scars to prove it. We thank him for his service. It is a great honor to 
have him sponsor a bill from our committee.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time
                                      Committee on Ways and Means,


                                     House of Representatives,

                               Washington, DC, September 24, 2018.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write to you regarding H.R. 6742, 
     the ``Secure Border Communications Act'', on which the 
     Committee on Ways and Means was granted an additional 
     referral.
       As a result of your having consulted with us on provisions 
     in H.R. 6742 that fall within the Rule X jurisdiction of the 
     Committee on Ways and Means, I agree to waive formal 
     consideration of this bill. The Committee on Ways and Means 
     takes this action with the mutual understanding that we do 
     not waive any jurisdiction over the subject matter contained 
     in this or similar legislation, and the Committee will be 
     appropriately consulted and involved as the bill or similar 
     legislation moves forward so that we may address any 
     remaining issues that fall within our jurisdiction. The 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and 
     requests your support for such request.

[[Page H8753]]

       I would appreciate your response confirming this 
     understanding with respect to H.R. 6742 and ask that a copy 
     of our exchange of letters on this matter be included in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,
                                                      Kevin Brady,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 25, 2018.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Chairman Brady: Thank you for your letter regarding 
     H.R. 6742, the ``Secure Border Communications Act.'' I 
     appreciate your support in bringing this legislation before 
     the House of Representatives, and accordingly, understand 
     that the Committee on Ways and Means will not take further 
     action on this bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration on this bill at 
     this time, the Committee on Ways and Means does not waive any 
     jurisdiction over the subject matter contained in this bill 
     or similar legislation in the future. In addition, should a 
     conference on this bill be necessary, I would support a 
     request by the Committee on Ways and Means for conferees on 
     those provisions within your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. RICHMOND. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 6742, the Secure Border 
Communications Act.
  Mr. Speaker, it is essential that the men and women of the Department 
of Homeland Security have reliable and effective communications 
equipment in the field.
  Unfortunately, in recent years, U.S. Customs and Border Protection 
has been unable to achieve and maintain baseline communications 
capabilities, with devices exhibiting a range of issues from system 
incompatibility to outright inoperability. For Border Patrol agents in 
remote areas of the border, particularly along the U.S.-Canadian 
border, such issues give rise to troubling operational and officer 
safety challenges.
  In response, H.R. 6742 directs the Secretary of Homeland Security to 
ensure that CBP agents and officers are equipped with secure radio 
technologies that are interoperable regardless of where used along the 
border.
  Additionally, it authorizes the Secretary to evaluate new and 
emerging communications technologies to determine their suitability for 
use along the border.
  On a related note, a recent positive development came this summer 
when CBP awarded $26 million in contracts to upgrade their mission 
critical equipment.
  While CBP is slowly upgrading their communication networks and 
equipment, H.R. 6742 underscores Congress' interest in seeing 
meaningful progress. As such, I support H.R. 6742 and ask my colleagues 
to do the same.
  Mr. Speaker, in closing, it is our duty as Members of Congress to 
ensure that the men and women who patrol and protect our border are 
trained and equipped to do their jobs.
  Unreliable communication in areas between ports of entry or remote 
areas due to system inoperability is an issue H.R. 6742 aims to fix. It 
seeks to do so by placing on the shoulders of the Secretary of Homeland 
Security the responsibility for ensuring that each agent or officer is 
equipped with secure, reliable radios.
  Mr. Speaker, I support this approach. I urge my colleagues to join me 
in supporting H.R. 6742, and I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this ensures that not only are communication devices 
operable but that they are interoperable between agents down on the 
border risking their lives day in and day out.
  I can't thank them enough. I have been down to the border so many 
times, and I see the harsh conditions that they operate under. I just 
want to send a message of gratitude from the United States Congress and 
our Committee on Homeland Security, and thank them for the work that 
they do tirelessly. Honestly, I think we don't thank them enough for 
what they do.
  The encryption issue is vitally important because the drug cartels 
are getting so sophisticated that they can pick up communications of 
our law enforcement. This bill will go a long way to help protect those 
communications and make sure that they can do their job in a more safe 
and efficient manner in protecting the American public.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  Mr. MAST. Mr. Speaker, I rise today in support of H.R. 6742, the 
Secure Border Communications Act. Every single day the brave law 
enforcement officers of the United States Customs and Border Protection 
put themselves in harm's way in order to secure our borders and ports 
of entry. This bill will strengthen interagency border security 
communication and communication within U.S. Customs and Border 
Protection by improving communication technologies for all CBP officers 
and agents.
  When agents or officers are in the field, secure communications with 
other CBP personnel and law enforcement agencies is imperative to 
mission success and officer safety. Currently, communication devices 
and radios used by officers and agents are outdated and hinder 
interagency communication. I never want there to be a circumstance 
where a CBP officer or agent is operating in a remote area along our 
border and is not able to call for backup or whose location is 
intercepted by the cartels due to defective devices. We must not accept 
that as a possibility; we must ensure that our agents and officers are 
fully equipped with the proper technology.
  H.R. 6742 will require the Department of Homeland Security to ensure 
that CBP personnel are equipped with secure radios or other two-way 
communication devices. These devices will allow officers and agents to 
communicate between ports of entry and inspection stations, and with 
other law enforcement entities operating in the same area of 
responsibility.
  I want to thank my friend and colleague, Chairman McCaul, for his 
cosponsorship and leadership on this important bill. Mr. Speaker, we 
are in the midst of a war on terror and continue to be the target of 
radicals who want to do our country harm. Ensuring our law enforcement 
officers operating along the borders and at our ports of entry are 
fully equipped is essential to national security. Beyond the threat of 
terrorism, securing our border is vitally important to preventing drug 
and human trafficking. Improving communication is a critical component 
of this mission. Mr. Speaker, let's take some decisive action to secure 
our border. Let's pass this bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 6742.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________