[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3273 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3273

  To amend the Homeland Security Act of 2002 to establish programs to 
  combat transnational criminal organizations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2019

   Mr. Higgins of Louisiana introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to establish programs to 
  combat transnational criminal organizations, and for other purposes.

    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 ``Combating Transnational Criminal 
Organizations Act of 2019'' or the ``Combating TCOs Act of 2019''.

SEC. 2. INTEGRATED BORDER ENFORCEMENT TEAMS.

    (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 new section:

``SEC. 437. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Integrated Border Enforcement Team program 
(referred to in this section as `IBET').
    ``(b) Purpose.--The purpose of IBET is to enhance border security 
in a manner that results in a cooperative approach between the United 
States and Canada to--
            ``(1) strengthen security between designated ports of 
        entry;
            ``(2) detect, investigate, prevent, and respond to 
        terrorism, transnational criminal organizations, and other 
        violations of law related to border security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(5) enhance information-sharing, including the 
        dissemination of homeland security information among such 
        components and offices.
    ``(c) Composition and Establishment of Units.--
            ``(1) Composition.--IBET units may be comprised of 
        personnel from the following:
                    ``(A) U.S. Customs and Border Protection, led by 
                the U.S. Border Patrol.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department personnel, as appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--The Secretary is authorized 
        to establish IBET units in regions in which such units can 
        contribute to IBET missions, as appropriate. When establishing 
        an IBET unit, the Secretary shall apply risk-based criteria 
        that takes into consideration the following:
                    ``(A) Whether the region in which the IBET unit 
                would be established is significantly impacted by 
                cross-border threats, including threats posed by 
                transnational criminal organizations and terrorist 
                groups.
                    ``(B) The availability of Federal, State, local, 
                Tribal, and foreign law enforcement resources to 
                participate in the IBET unit.
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the IBET unit would be 
                established.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET unit or to expand an existing IBET unit in 
        a given region, the Secretary shall ensure that the IBET unit 
        under consideration does not duplicate the efforts of other 
        existing interagency task forces or centers within such region, 
        including the Border Enforcement Security Task Force 
        established under section 432.
    ``(d) Operation.--After determining the regions in which to 
establish IBET units under subsection (c)(2), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        IBET units;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such IBET units, 
        including providing financial assistance, as appropriate, for 
        operational, administrative, and technological costs associated 
        with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish targets and performance measures for such 
        IBET units; and
            ``(5) direct leadership of such IBET units to monitor 
        progress on such targets and performance measures.
    ``(e) Coordination.--The Secretary shall coordinate IBET activities 
with other similar border security and antiterrorism programs within 
the Department in accordance with the strategic objectives of the 
Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) as necessary to carry out this 
section. Such memoranda with entities specified in subsection (c)(1)(G) 
shall be entered into with the concurrence of the Secretary of State.
    ``(g) Report.--Not later than 180 days after the date on which IBET 
is established and biannually thereafter for the following six years, 
the Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that--
            ``(1) describes targets and performance measures for IBET 
        units;
            ``(2) describes the effectiveness of IBET units in 
        fulfilling the purposes specified in subsection (b);
            ``(3) identifies and assesses the impact of certain 
        challenges on the sustainment of cross-border IBET operations, 
        including challenges faced by international partners, and 
        planned corrective actions;
            ``(4) identifies and assesses costs associated with IBET 
        units broken down by relevant categories designated at the 
        Secretary's discretion;
            ``(5) identifies ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(6) identifies and assesses ways IBET, Border Tunnel Task 
        Forces, Border Enforcement Security Task Forces, and the 
        Integrated Cross-Border Maritime Law Enforcement Operation 
        Program can better align operations, including interdiction and 
        investigation activities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking the items 
relating to sections 435 and 436 and inserting the following new items:

``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Integrated Border Enforcement Teams.''.

SEC. 3. BORDER TUNNEL DETECTION.

    (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. BORDER TUNNEL TASK FORCES.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Border Tunnel Task Force program (referred 
to in this section as `BTTF').
    ``(b) Purpose.--The purpose of BTTF established pursuant to 
subsection (a) is to enhance and integrate border security efforts by 
identifying, reducing, and remediating cross-border tunnel related 
threats by--
            ``(1) facilitating collaboration among Federal, State, 
        local, and Tribal law enforcement agencies to execute 
        coordinated activities; and
            ``(2) enhancing information-sharing, including the 
        dissemination of homeland security information, among such 
        agencies.
    ``(c) Composition and Establishment of Border Tunnel Task Force 
Units.--
            ``(1) Composition.--BTTF units may be comprised of 
        personnel from the following:
                    ``(A) U.S. Customs and Border Protection, led by 
                the U.S. Border Patrol.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department components and offices, as 
                appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--The Secretary is authorized 
        to establish BTTF units in regions in which the Secretary 
        determines such units can contribute to the Department's border 
        security efforts to identify, reduce, and remediate cross-
        border tunnel threats. When establishing a BTTF unit, the 
        Secretary shall apply risk-based criteria that takes into 
        consideration the following:
                    ``(A) Whether the areas in which such BTTF units 
                would be established are significantly impacted by 
                cross-border tunnel threats.
                    ``(B) The availability of Federal, State, local, 
                and Tribal law enforcement resources to participate in 
                such BTTF units.
                    ``(C) Whether other similar joint cross-border 
                tunnel detection initiatives already take place within 
                the region in which the BTTF unit would be established.
    ``(d) Duplication of Efforts.--In determining whether to establish 
a new BTTF unit or to expand an existing BTTF unit in a given region, 
the Secretary shall ensure that the BTTF unit under consideration does 
not unnecessarily duplicate the efforts of other existing interagency 
task forces or centers within such jurisdiction.
    ``(e) Operation.--After determining the regions in which to 
establish BTTF units under subsection (c)(2), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        BTTF units;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such BTTF units, 
        including providing financial assistance, as appropriate, for 
        operational, administrative, and technological costs associated 
        with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish targets and performance measures for BTTF 
        units;
            ``(5) direct leadership of each BTTF unit to monitor 
        progress on such targets and performance measures for each such 
        unit; and
            ``(6) dedicate appropriate research and development 
        resources to improve cross-border tunnel detection and 
        remediation capabilities.
    ``(f) Coordination.--The Secretary shall coordinate BTTF activities 
with other similar border security and antiterrorism programs within 
the Department that handle matters relating to cross-border tunnel 
threat detection.
    ``(g) Authorization of Tunnel Remediation Access.--Notwithstanding 
any other provision of law, U.S. Customs and Border Protection shall 
have immediate access to Federal land for the remediation of tunnels 
used to facilitate illicit cross-border activities across the 
international borders of the United States.
    ``(h) Tunnel Detection and Remediation Technology Pilot Program.--
Not later than 90 days after the date of the enactment of this section, 
the Secretary shall establish a pilot program to test and evaluate new 
and emerging technologies for the purpose of detection and remediation 
of cross-border tunnel threats.
    ``(i) Report.--Not later than 180 days after the date on which BTTF 
is established and biannually thereafter for the following six years, 
the Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that--
            ``(1) describes targets and performance measures for BTTF 
        units;
            ``(2) describes the effectiveness of BTTF in fulfilling the 
        purposes specified in subsection (b);
            ``(3) identifies and assesses the impact of certain 
        challenges on the sustainment of cross-border BTTF operations 
        and planned corrective actions;
            ``(4) identifies and assesses costs associated with BTTF 
        units broken down by relevant categories designated at the 
        Secretary's discretion;
            ``(5) identifies ways to support joint training for BTTF 
        stakeholder agencies;
            ``(6) identifies and assesses ways BTTF, IBET, and Border 
        Enforcement Security Task Forces can better align operations, 
        including interdiction and investigation activities; and
            ``(7) identifies and assesses gaps in BTTF technological 
        capability to detect cross-border tunnel threats.''.
    (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. Border Tunnel Task Forces.''.

SEC. 4. BORDER ENFORCEMENT SECURITY TASK FORCE UPDATES.

    (a) Updated Purpose.--Subsection (b) of section 432 of the Homeland 
Security Act of 2002 (6 U.S.C. 240) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) detecting, investigating, preventing, and responding 
        to terrorism, transnational criminal organizations, and other 
        violations of law related to border security.''.
    (b) Updated Considerations for Establishment of Units.--Paragraph 
(2) of section 432(c) of the Homeland Security Act of 2002 (6 U.S.C. 
240(c)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) in the first sentence, by striking 
                ``jurisdictions'' and inserting ``regions'';
                    (B) by striking ``Before'' and inserting ``When''; 
                and
                    (C) by striking ``shall consider'' and inserting 
                ``shall apply risk-based criteria that takes into 
                consideration'';
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end; and
            (3) by striking subparagraphs (C) and (D) and inserting the 
        following new subparagraph:
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the BEST unit would be 
                established.''.
    (c) Updated Report.--Subsection (e) of section 432 of the Homeland 
Security Act of 2002 (6 U.S.C. 240) is amended to read as follows:
    ``(e) Reports.--Not later than 180 days after the date of the 
enactment of this subsection and biannually thereafter for the 
following six years, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report 
that--
            ``(1) describes targets and performance measures for BEST 
        units;
            ``(2) describes the effectiveness of BEST units in 
        fulfilling the purposes specified in subsection (b);
            ``(3) identifies and assesses the impact of certain 
        challenges on the sustainment of cross-border BEST operations, 
        including challenges faced by international partners, and 
        planned corrective actions;
            ``(4) identifies and assesses costs associated with BEST 
        units, broken down by relevant categories designated at the 
        Secretary's discretion;
            ``(5) identifies ways to support joint training for BEST 
        stakeholder agencies;
            ``(6) identifies and assesses ways BTTF under section 420, 
        IBET units under section 437, and BEST units can better align 
        operations, including interdiction and investigation 
        activities; and
            ``(7) identifies and assesses gaps in BEST technological 
        capability to detect transnational criminal organizations or 
        terrorist threats.''.
    (d) Updated Report.--Not later than 180 days after the date of the 
enactment of this Act and biannually thereafter for the following six 
years, the Secretary of Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate a report 
that--
            (1) describes the effectiveness of BEST units under section 
        432 of the Homeland Security Act of 2002 (6 U.S.C. 240), as 
        amended by this Act;
            (2) assesses the impact of certain challenges on the 
        sustainment of cross-border BEST operations, including 
        challenges faced by international partners, and planned 
        corrective actions;
            (3) assesses costs associated with BEST units, broken down 
        by relevant categories designated at the Secretary's 
        discretion;
            (4) addresses ways to support joint training for BEST 
        stakeholder agencies;
            (5) assesses how BTTF under section 420 of the Homeland 
        Security Act of 2002 (as added by this Act), IBET units under 
        section 437 of the Homeland Security Act of 2002 (as added by 
        this Act), and BEST units can better align operations, 
        including interdiction and investigation activities; and
            (6) assesses the gaps in BEST technological capability to 
        detect cross-border tunnel threats.
    (e) Technical and Conforming Amendments.--Section 432 of the 
Homeland Security Act of 2002 (6 U.S.C. 240) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(D), by inserting a semicolon 
                at the end; and
                    (B) in paragraph (3), by striking ``jurisdiction'' 
                each place it appears and inserting ``region''; and
            (2) in subsection (d), in the matter preceding paragraph 
        (1), by striking ``jurisdictions'' and inserting ``regions''.
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