[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