[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 915 Reported in Senate (RS)]
Calendar No. 497
112th CONGRESS
2d Session
H. R. 915
[Report No. 112-206]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2012
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
August 28, 2012
Reported, under authority of the order of the Senate of August 2, 2012,
by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To establish a Border Enforcement Security Task Force program to
enhance border security by fostering coordinated efforts among Federal,
State, and local border and law enforcement officials to protect United
States border cities and communities from trans-national crime,
including violence associated with drug trafficking, arms smuggling,
illegal alien trafficking and smuggling, violence, and kidnapping along
and across the international borders of the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Jaime Zapata Border
Enforcement Security Task Force Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) The Department of Homeland Security's (DHS)
overriding mission is to lead a unified national effort to
protect the United States. United States Immigration and
Customs Enforcement (ICE) is the largest investigative agency
within DHS and is charged with enforcing a wide array of laws,
including laws related to securing the border and combating
criminal smuggling.</DELETED>
<DELETED> (2) Mexico's northern border with the United
States has experienced a dramatic surge in border crime and
violence in recent years due to intense competition between
Mexican drug cartels and criminal smuggling organizations that
employ predatory tactics to realize their profits.</DELETED>
<DELETED> (3) Law enforcement agencies at the United States
northern border face similar challenges from transnational
smuggling organizations.</DELETED>
<DELETED> (4) In response, DHS has partnered with Federal,
State, local, tribal, and foreign law enforcement counterparts
to create the Border Enforcement Security Task Force (BEST)
initiative as a comprehensive approach to addressing border
security threats. These multi-agency teams are designed to
increase information-sharing and collaboration among the
participating law enforcement agencies.</DELETED>
<DELETED> (5) BEST teams incorporate personnel from ICE,
United States Customs and Border Protection (CBP), the Drug
Enforcement Administration (DEA), the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of
Investigation (FBI), the United States Coast Guard (USCG), and
the U.S. Attorney's Office (USAO), along with other key
Federal, State and local law enforcement agencies.</DELETED>
<DELETED> (6) Foreign law enforcement agencies include
Mexico's Secretaria de Seguridad Publica (SSP), the Canada
Border Services Agency (CBSA), the Ontario Provincial Police
(OPP), and the Royal Canadian Mounted Police (RCMP).</DELETED>
<DELETED>SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE.</DELETED>
<DELETED> (a) Establishment.--There is established in United States
Immigration and Customs Enforcement (ICE) a program known as a Border
Enforcement Security Task Force (referred to as ``BEST'').</DELETED>
<DELETED> (b) Purpose.--The purpose of the BEST program is to
establish units to enhance border security by addressing and reducing
border security threats and violence by--</DELETED>
<DELETED> (1) facilitating collaboration among Federal,
State, local, tribal, and foreign law enforcement agencies to
execute coordinated activities in furtherance of border
security, and homeland security; and</DELETED>
<DELETED> (2) enhancing information-sharing, including the
dissemination of homeland security information among such
agencies.</DELETED>
<DELETED> (c) Composition and Designation.--</DELETED>
<DELETED> (1) Composition.--BEST units may be comprised of
personnel from--</DELETED>
<DELETED> (A) United States Immigration and Customs
Enforcement;</DELETED>
<DELETED> (B) United States Customs and Border
Protection;</DELETED>
<DELETED> (C) the United States Coast
Guard;</DELETED>
<DELETED> (D) other Federal agencies, as
appropriate;</DELETED>
<DELETED> (E) appropriate State law enforcement
agencies;</DELETED>
<DELETED> (F) foreign law enforcement agencies, as
appropriate;</DELETED>
<DELETED> (G) local law enforcement agencies from
affected border cities and communities; and</DELETED>
<DELETED> (H) appropriate tribal law enforcement
agencies.</DELETED>
<DELETED> (2) Designation.--The Secretary of Homeland
Security, acting through the Assistant Secretary for ICE, is
authorized to establish BEST units in jurisdictions where such
units can contribute to the BEST program's missions, as
appropriate. Prior to establishing a BEST unit, the Assistant
Secretary shall consider the following factors:</DELETED>
<DELETED> (A) Whether the area where the BEST unit
would be established is significantly impacted by
cross-border threats.</DELETED>
<DELETED> (B) The availability of Federal, State,
local, tribal, and foreign law enforcement resources to
participate in the BEST unit.</DELETED>
<DELETED> (C) The extent to which border security
threats are having a significant harmful impact in the
jurisdiction in which the BEST unit is to be
established, and other jurisdictions of the
country.</DELETED>
<DELETED> (D) Whether or not an Integrated Border
Enforcement Team already exists in the area where the
BEST unit would be established.</DELETED>
<DELETED> (d) Operation.--After making a designation under
subsection (c)(2), and in order to provide Federal assistance to the
area so designated, the Secretary of Homeland Security may--</DELETED>
<DELETED> (1) obligate such sums as are appropriated for the
BEST program;</DELETED>
<DELETED> (2) direct the assignment of Federal personnel to
the BEST program, subject to the approval of the head of the
department or agency that employs such personnel; and</DELETED>
<DELETED> (3) take other actions to assist State, local,
tribal, and foreign jurisdictions to participate in the BEST
program.</DELETED>
<DELETED> (e) Report.--Not later than 180 days after the date of the
establishment of the BEST program under subsection (a) and annually
thereafter, the Secretary of Homeland Security shall submit to Congress
a report on the effectiveness of the BEST program in enhancing border
security and reducing the drug trafficking, arms smuggling, illegal
alien trafficking and smuggling, violence, and kidnapping along and
across the international borders of the United States as measured by
crime statistics, including violent deaths, incidents of violence, and
drug-related arrests.</DELETED>
<DELETED> (f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security $10,000,000
for each of fiscal years 2012 through 2016 to--</DELETED>
<DELETED> (1) establish and operate the BEST program,
including to provide for operational, administrative, and
technological costs to Federal, State, local, tribal and
foreign law enforcement agencies participating in the BEST
program; and</DELETED>
<DELETED> (2) investigate, apprehend, and prosecute
individuals engaged in drug trafficking, arms smuggling,
illegal alien trafficking and smuggling, violence, and
kidnapping along and across the international borders of the
United States.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jaime Zapata Border Enforcement
Security Task Force Act''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.
Congress finds the following:
(1) The Department of Homeland Security's (DHS) overriding
mission is to lead a unified national effort to protect the
United States. United States Immigration and Customs
Enforcement (ICE) is the largest investigative agency within
DHS and is charged with enforcing a wide array of laws,
including laws related to securing the border and combating
criminal smuggling.
(2) Mexico's northern border with the United States has
experienced a dramatic surge in border crime and violence in
recent years due to intense competition between Mexican drug
cartels and criminal smuggling organizations that employ
predatory tactics to realize their profits.
(3) Law enforcement agencies at the United States northern
border also face challenges from transnational smuggling
organizations.
(4) In response, DHS has partnered with Federal, State,
local, tribal, and foreign law enforcement counterparts to
create the Border Enforcement Security Task Force (BEST)
initiative as a comprehensive approach to addressing border
security threats. These multi-agency teams are designed to
increase information-sharing and collaboration among the
participating law enforcement agencies.
(5) BEST teams incorporate personnel from ICE, United
States Customs and Border Protection (CBP), the Drug
Enforcement Administration (DEA), the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of
Investigation (FBI), the United States Coast Guard (USCG), and
the U.S. Attorney's Office (USAO), along with other key
Federal, State and local law enforcement agencies.
(6) Foreign law enforcement agencies participating in BEST
include Mexico's Secretaria de Seguridad Publica (SSP), the
Canada Border Services Agency (CBSA), the Ontario Provincial
Police (OPP), and the Royal Canadian Mounted Police (RCMP).
SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 432. BORDER ENFORCEMENT SECURITY TASK FORCE.
``(a) Establishment.--There is established within the Department a
program to be known as the Border Enforcement Security Task Force
(referred to in this section as `BEST').
``(b) Purpose.--The purpose of BEST is to establish units to
enhance border security by addressing and reducing border security
threats and violence by--
``(1) facilitating collaboration among Federal, State,
local, tribal, and foreign law enforcement agencies to execute
coordinated activities in furtherance of border security, and
homeland security; and
``(2) enhancing information-sharing, including the
dissemination of homeland security information among such
agencies.
``(c) Composition and Establishment of Units.--
``(1) Composition.--BEST units may be comprised of
personnel from--
``(A) U.S. Immigration and Customs Enforcement;
``(B) U.S. Customs and Border Protection;
``(C) the United States Coast Guard;
``(D) other Department personnel, as appropriate
``(E) other Federal agencies, as appropriate;
``(F) appropriate State law enforcement agencies;
``(G) foreign law enforcement agencies, as
appropriate;
``(H) local law enforcement agencies from affected
border cities and communities; and
``(I) appropriate tribal law enforcement agencies.
``(2) Establishment of units.--The Secretary is authorized
to establish BEST units in jurisdictions in which such units
can contribute to BEST missions, as appropriate. Before
establishing a BEST unit, the Secretary shall consider--
``(A) whether the area in which the BEST unit would
be established is significantly impacted by cross-
border threats;
``(B) the availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in the BEST unit;
``(C) the extent to which border security threats
are having a significant harmful impact in the
jurisdiction in which the BEST unit is to be
established, and other jurisdictions in the country;
and
``(D) whether or not an Integrated Border
Enforcement Team already exists in the area in which
the BEST unit would be established.
``(3) Duplication of efforts.--In determining whether to
establish a new BEST unit or to expand an existing BEST unit in
a given jurisdiction, the Secretary shall ensure that the BEST
unit under consideration does not duplicate the efforts of
other existing interagency task forces or centers within that
jurisdiction.
``(d) Operation.--After determining the jurisdictions in which to
establish BEST units under subsection (c)(2), and in order to provide
Federal assistance to such jurisdictions, the Secretary may--
``(1) direct the assignment of Federal personnel to BEST,
subject to the approval of the head of the department or agency
that employs such personnel; and
``(2) take other actions to assist Federal, State, local,
and tribal entities to participate in BEST, including providing
financial assistance, as appropriate, for operational,
administrative, and technological costs associated with the
participation of Federal, State, local, and tribal law
enforcement agencies in BEST.
``(e) Report.--Not later than 180 days after the date on which BEST
is established under this section, and annually thereafter for the
following 5 years, the Secretary shall submit a report to Congress that
describes the effectiveness of BEST in enhancing border security and
reducing the drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and across
the international borders of the United States, as measured by crime
statistics, including violent deaths, incidents of violence, and drug-
related arrests.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by
inserting after the item relating to section 431 the following:
``Sec. 432. Border Enforcement Security Task Force.''.
Calendar No. 497
112th CONGRESS
2d Session
H. R. 915
[Report No. 112-206]
_______________________________________________________________________
AN ACT
To establish a Border Enforcement Security Task Force program to
enhance border security by fostering coordinated efforts among Federal,
State, and local border and law enforcement officials to protect United
States border cities and communities from trans-national crime,
including violence associated with drug trafficking, arms smuggling,
illegal alien trafficking and smuggling, violence, and kidnapping along
and across the international borders of the United States, and for
other purposes.
_______________________________________________________________________
August 28, 2012
Reported with an amendment