[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.

                          ____________________