[House Report 112-268]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-268
======================================================================
JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE ACT
_______
November 4, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 915]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 face similar 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 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) 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'').
(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--
(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 Designation.--
(1) Composition.--BEST units may be comprised of personnel
from--
(A) United States Immigration and Customs
Enforcement;
(B) United States Customs and Border Protection;
(C) the United States Coast Guard;
(D) other Federal agencies, as appropriate;
(E) appropriate State law enforcement agencies;
(F) foreign law enforcement agencies, as appropriate;
(G) local law enforcement agencies from affected
border cities and communities; and
(H) appropriate tribal law enforcement agencies.
(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:
(A) Whether the area where 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 of the country.
(D) Whether or not an Integrated Border Enforcement
Team already exists in the area where the BEST unit
would be established.
(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--
(1) obligate such sums as are appropriated for the BEST
program;
(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
(3) take other actions to assist State, local, tribal, and
foreign jurisdictions to participate in the BEST program.
(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.
(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--
(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
(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.
PURPOSE AND SUMMARY
The purpose of H.R. 915 is 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.
BACKGROUND AND NEED FOR LEGISLATION
Immigration and Customs Enforcement (ICE) has partnered
with Federal, State, local, and foreign law enforcement
counterparts to create the Border Enforcement Security Task
Force (BEST) initiative, a series of multi-agency teams
developed to identify, disrupt, and dismantle criminal
organizations posing significant threats to border security.
The teams are designed to increase information sharing and
collaboration among the agencies combating this threat by
bringing all of the relevant stakeholders together to
facilitate planning and operations to disrupt criminal
organizations with a nexus to the border.
BEST teams incorporate personnel from ICE; Customs and
Border Protection; the Drug Enforcement Administration; the
Bureau of Alcohol, Tobacco, Firearms and Explosives; the
Federal Bureau of Investigation; the U.S. Coast Guard; and the
U.S. Attorney's Office along with other key Federal, State,
local and foreign law enforcement agencies. The Mexican law
enforcement agency Secretaria de Seguridad Publica participates
in southwest border BESTS, while the Canada Border Services
Agency, and the Royal Canadian Mounted Police participate in
BEST teams along the northern border.
This legislation is named in honor of ICE agent Jaime
Zapata, who was killed in the line of the duty while serving on
a BEST team in Mexico.
The Committee believes that the Border Enforcement Security
Task Forces are important interagency forums for cooperation
and collaboration and should be authorized. The authorization
level of $10 million included in the bill is consistent with
appropriated funding for BEST in FY2011.
HEARINGS
No hearings were held on H.R. 915 in the 112th Congress,
however, the Committee held oversight hearings listed below.
The Subcommittee on Border and Maritime Security examined
this issue in a May 3, 2011, hearing entitled ``Border Security
and Enforcement--Department of Homeland Security's Cooperation
with State and Local Law Enforcement Stakeholders.'' The
Subcommittee received testimony from Mr. Kumar Kibble, Deputy
Director, U.S. Immigration and Customs Enforcement, Department
of Homeland Security; Mr. Ronald Vitiello, Deputy Chief, U.S.
Customs and Border Protection, Department of Homeland Security;
Sheriff Larry Dever, Cochise County Sheriff's Office, Arizona;
Sheriff Todd Entrekin, Etowah County Sheriff's Office, Alabama;
and Mr. Gomecindo Lopez, Commander, Special Operations Bureau,
El Paso County Sheriff's Office, Texas.
COMMITTEE CONSIDERATION
The Subcommittee on Border and Maritime Security met on
June 2, 2011, to consider H.R. 915, and ordered the measure to
be reported to the Full Committee with a favorable
recommendation, as amended.
The Subcommittee agreed to H.R. 915, as amended, by voice
vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 915
offered by Mr. Cuellar (#1); was AGREED TO by voice vote.
The Committee met on September 21, 2011, to consider H.R.
915, and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The Committee adopted H.R. 915, as amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Cuellar (#1); was AGREED TO by voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 915.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the
Rules of the House of Representatives, the Committee finds that
H.R. 915, the Jaime Zapata Border Enforcement Security Task
Force Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
September 29, 2011.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 915, the Jaime
Zapata Border Enforcement Security Task Force Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 915--Jaime Zapata Border Enforcement Security Task Force Act
Summary: H.R. 915 would authorize the appropriation of $10
million for each of fiscal years 2012 through 2016 for the
Border Enforcement Security Task Force (BEST) program in the
Department of Homeland Security. Under the BEST program,
personnel from federal, state, local, tribal, and foreign law-
enforcement agencies share information and carry out law-
enforcement operations to combat criminal activity near United
States borders.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would cost $48 million
over the 2012-2016 period. Enacting H.R. 915 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 915 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 915 is shown in the following table.
CBO assumes that the authorized amounts will be appropriated
near the start of each fiscal year and that outlays will follow
the historical rate of spending for similar activities. The
costs of this legislation fall within budget function 750
(administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 10 10 10 10 10 50
Estimated Outlays.................................. 8 10 10 10 10 48
----------------------------------------------------------------------------------------------------------------
Pay-as-You-Go considerations: none.
Intergovernmental and private-sector impact: H.R. 915
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
Tribal governments.
Estimate prepared by: Federal Costs: Mark Grabowicz; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 915 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The performance goal and objective of H.R. 915 is to
authorize the Border Enforcement Security Task Forces within
United States Immigration and Customs Enforcement.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 915 does
not preempt any State, local, or Tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that bill may be cited as the ``Jaime
Zapata Border Enforcement Security Task Force Act.''
Section 2. Findings and declaration of purposes
(a) Findings.
Section 3. Border Enforcement Security Task Force
This section establishes Border Enforcement Security Task
Forces (BEST) within United States Immigration and Customs
Enforcement (ICE).
(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.
(c) Composition and Designation.
BEST units may be comprised of personnel from the United
States Immigration and Customs Enforcement; United States
Customs and Border Protection; the United States Coast Guard,
other Federal agencies, State, local and tribal law enforcement
agencies; and where appropriate foreign law enforcement
partners.
The Secretary of Homeland Security is authorized to
establish BEST units in jurisdictions where such units can
contribute to the BEST program's missions.
(e) Report.
Not later than 180 days after the date of the establishment
of the BEST program, and annually thereafter, the Secretary of
Homeland Security shall submit to Congress a report on the
effectiveness of the BEST program.
(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.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 915 makes no changes to existing law.