[Congressional Record Volume 158, Number 149 (Tuesday, November 27, 2012)]
[House]
[Pages H6437-H6439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE ACT
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 915) 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 transnational 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentleman from Mississippi (Mr. Thompson)
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 within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 915, the Jaime Zapata Border
Enforcement Security Task Force Act. This bill, which will codify
Border Enforcement
[[Page H6438]]
Security Task Force units, was named to honor the memory of slain
Immigration and Customs Enforcement Special Agent Jaime Zapata.
In 2011, Special Agent Zapata and his associate, Special Agent Victor
Avila, were ambushed on a dangerous stretch of highway in Mexico by the
ruthless Zeta drug cartel. The vehicle that the two special agents were
traveling in was forced off the road by the heavily armed thugs. Once
the vehicle had come to a stop, the cartel members forced the doors
open, fired their weapons at point blank range, and tried to drag away
Special Agent Zapata, who fought back and was able to re-lock the
doors. Special Agent Zapata tried to explain to the men that he and
Special Agent Avila were U.S. diplomats. The gunman responded to his
plea with bullets. Special Agent Zapata then heroically drove himself
and Special Agent Avila away from the scene and to safety.
Investigators later found more than 80 individual bullet casings at
the scene of the crime. By nothing short of a miracle, Special Agent
Avila survived the ordeal. However, Jaime Zapata did not.
Border Enforcement Security Task Force units are comprised of DHS and
other Federal, State, and local law enforcement personnel. They
coordinate efforts to enhance border security and they mitigate threats
posed by transnational crime, drug trafficking, arms smuggling, illegal
alien traffic, violence, and kidnappings. These units will leverage the
experience of personnel from the United States Immigration and Customs
Enforcement, the United States Customs and Border Protection, the
United States Coast Guard, and other DHS components, as well as other
Federal agencies, State, local, and tribal and, when appropriate,
foreign law enforcement partners. With the increasing violence in
Mexico and with the growing resourcefulness of vast criminal networks
operating along the border, this type of interagency response is
critical.
The men and women who have selflessly dedicated themselves to
protecting our borders deserve this protection. Jaime Zapata paid the
ultimate price, and I've made it a personal mission, along with my
colleague from Texas (Mr. Cuellar), to help ensure that no more brave
men and women are lost to the violence along our southwest border. In
addition to drug cartels freely moving across the border with drugs,
cash, and weapons, the growing presence of Iran and Hezbollah in Latin
America are also a threat. We do not have the luxury of sitting idly by
while those looking to do us harm continue to enter the United States
illegally.
I would like to thank my friend and colleague Representative Cuellar
for introducing this vitally important piece of bipartisan legislation.
I would also like to thank Senators Lieberman and Collins for taking
action on this bill.
H.R. 915 honors Special Agent Jaime Zapata by making sure that those
who serve as he did have the tools they need to secure the border.
I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of the
Senate amendment to H.R. 915, the Jaime Zapata Border Enforcement
Security Task Force Act, and yield myself such time as I may consume.
The bill before the House today would for the first time statutorily
authorize an important border security program, the BEST program. Under
BEST, ICE partners with Federal, State, local, and foreign law
enforcement counterparts to establish targeted, cross-agency teams to
identify, disrupt, and dismantle criminal organizations posing
significant threats to border security. The program also serves as a
model for interagency cooperation, coordination, and information
sharing, which is vital in the post 9/11 environment.
I would note that it is appropriate that this bill is named in the
memory of Jaime Zapata, an ICE special agent who was killed in the line
of duty in Mexico while working as part of a BEST team.
H.R. 915 has enjoyed strong, bipartisan support in the House, passing
with overwhelming support earlier this year, as well as in the Senate.
Passage today will clear the bill for the President's signature.
I would like to commend the gentleman from Texas (Mr. Cuellar) for
his continued work on this important legislation and for being the
sponsor of this legislation. The Committee on Homeland Security and
Congress as a whole benefit from his commitment to border security
matters.
With that, Mr. Speaker, I reserve the balance of my time.
{time} 1700
Mr. McCAUL. Mr. Speaker, I have no more speakers and I'm prepared
close, so I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield such time as he may
consume to the author of the underlying measure being considered, the
gentleman from Texas (Mr. Cuellar).
Mr. CUELLAR. Mr. Speaker, I thank the ranking member, Mr. Thompson,
for the leadership that he has provided on this piece of legislation
and other legislation that is so important for the security of our
Nation. I certainly want to thank also Chairman Peter King and of
course my good friend, Michael McCaul, Chairman McCaul, for being one
of the original cosponsors, along with Blake Farenthold. We look
forward to working with the folks on the border, including a new Member
from the Brownsville area, Mr. Filemon Vela. Mr. McCaul and I have
always worked in a very bipartisan way.
The Jaime Zapata bill, H.R. 915, has received bipartisan support. In
May when it was first passed by the House, it was overwhelmingly
supported by the House, both Democrats and Republicans. It went over to
the Senate, and I want to thank also Senator Lieberman and Senator
Collins for their support of this bill. Senator Lieberman was just
outstanding in making sure that we moved this bill over here as quickly
as possible.
We now have a bill here that does two things. The first thing, it
enhances border security. Number two is to name this particular bill in
honor of a brave individual, Jaime Zapata, who has given up his life.
Some months ago, both Chairman McCaul and I had the opportunity to meet
with the family, with the mother and father, of this strong hero that
we got to know in the service of the line of duty.
As you know, ICE, Immigration and Customs Enforcement, in partnership
with U.S. Customs and Border Protection, as well as other Federal,
State, local and foreign law enforcement, has created the BEST
initiative. By the way, the first BEST initiative was created in Laredo
back in 2005, and it has become a model across the country. It is a
comprehensive approach to identify, disrupt, and dismantle
transnational criminal organizations that have posed significant
threats to the border and maritime security.
Through investigations, seizures of contraband, arrests and
prosecutions, the BEST units are building an impressive record of
success. Today, there are 34 BEST units throughout the United States.
They work not only with their Mexican counterparts, but also on the
northern border with their Canadian counterparts. And certainly we want
to make sure that Congress provides support to the BEST units in order
to enhance border security in the communities that we all represent.
So, again, Members, I would ask that you all work and support this
bill today, a very appropriate time as we had the new President-elect
of Mexico who came down here and met with Members of Congress and I
believe at this particular time he is meeting with the President right
now, President Barack Obama, and we look forward to working with our
Mexican counterparts. We need to make sure that we keep in mind that a
secure, strong, prosperous Mexico is in the best interest of the United
States. Mexico is not an enemy; it is a friend of the United States.
And I think both Bennie Thompson and Michael McCaul have been down to
the border. We understand that the Rio Grande does not divide us as two
countries, but unites us together.
Also, to the family of Jaime Zapata, losing a son is very, very
difficult. And, again, we want to thank the family for providing this
strong hero. We can say Jaime Zapata was truly a hero of the United
States. Mr. Speaker, I urge all of my colleagues to support this bill
by voting ``aye'' on H.R. 915.
[[Page H6439]]
Mr. THOMPSON of Mississippi. Mr. Speaker, I urge my colleagues to
support the Senate amendment to H.R. 915.
I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, just on a point of personal privilege, Mr.
Cuellar and I will be embarking at the end of this week to head down to
Mexico City to the President of Mexico's inauguration. I agree with my
colleague that our relationship with Mexico is vitally important and
the idea that the BEST teams, Border Enforcement Security Teams, have
provided an invaluable service on the border. In terms of confiscating
cash and weapons going south into Mexico, they have been extremely
successful; and if anything merits additional resources, it's this
program. I can't think of a better program to name after Jaime Zapata.
I will also say that on the several occasions that I have met with
Agent Avila and his family, it has been very emotional to see someone
who has come back almost from an operation of war, if you will, who has
been shot at by the Los Zeta cartel members, almost going through a
PTSD-type situation, a very, very emotional experience; and I wish
Agent Avila and his family the best in their recovery. He is a very
brave, brave man and soldier. And also to the family of Jaime Zapata,
we honor you today with this bill and please know that you are always
in our thoughts and in our prayers.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Speaker, today I am supporting H.R. 915, the
Jaime Zapata Border Enforcement Security Task Force Act. This measure
would establish Border Enforcement Security Task Force (BEST) teams
within the Department of Homeland Security (DHS) to facilitate
``collaboration among federal, state, local, tribal, and foreign law
enforcement agencies to execute coordinated activities in furtherance
of border security, and homeland security'' and enhance information
sharing among the agencies.
This mission is a very important one. And I encourage DHS to consult
with local and state law enforcement on how these teams could best be
used to fill gaps in border security.
I am particularly concerned about a proposal to close several
interior border patrol stations. As an example, from 2007 through 2011
Border Patrol agents assigned to the Amarillo station made from 383 to
745 apprehensions per year. Despite this volume, the Border Patrol
proposed closing its Amarillo station--along with eight other interior
stations, six of them in Texas. The absence of the Amarillo interior
Border Patrol station would leave no federal agency for hundreds of
miles to take custody of illegal aliens or to assist local law
enforcement with investigations.
I do not know whether the BEST teams authorized in this measure could
fulfill the responsibilities of the border patrol stations that are
proposed for closure. But I strongly recommend that DHS continue to
examine ways to ensure that this vital federal responsibility is
fulfilled.
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
concur in the Senate amendment to the bill, H.R. 915.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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