[Senate Report 115-179]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 254
115th Congress      }                                     {     Report
                                 SENATE
 1st Session        }                                     {    115-179
______________________________________________________________________

.   
   BORDER ENFORCEMENT SECURITY TASK FORCE REAUTHORIZATION ACT OF 2017

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1199

             TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO
            REAUTHORIZE THE BORDER ENFORCEMENT SECURITY TASK
FORCE PROGRAM WITHIN THE DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER 
                                PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 30, 2017.--Ordered to be printed
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2017 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming             GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota            MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana                KAMALA D. HARRIS, California

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
           Jose J. Bautista, Senior Professional Staff Member
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
       Charles A. Moskowitz, Minority Senior Legislative Counsel
                 Subhasri Ramanathan, Minority Counsel
                     Laura W. Kilbride, Chief Clerk









                                                      Calendar No. 254
115th Congress      }                                     {     Report
                                 SENATE
 1st Session        }                                     {    115-179

======================================================================



 
   BORDER ENFORCEMENT SECURITY TASK FORCE REAUTHORIZATION ACT OF 2017

                                _______
                                

                October 30, 2017.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1199]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1199), to amend the 
Homeland Security Act of 2002 to reauthorize the Border 
Enforcement Security Task Force program within the Department 
of Homeland Security, and for other purposes, having considered 
the same, reports favorably thereon with amendments and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6

                         I. Purpose and Summary

    The purpose of S. 1199, the Border Enforcement Security 
Task Force Reauthorization Act of 2017, is to reauthorize the 
Border Enforcement Security Task Force (BEST) program, which is 
responsible for investigating, disrupting, and collecting 
intelligence on transnational criminal organizations (TCO) at 
the U.S. border. Although the BEST program is successful, its 
current structure is not adequate to address the changing 
border security landscape. Modernizing the BEST program 
provides frontline law enforcement agents with the proper tools 
to effectively adapt to new criminal activity trends and drug 
trafficking patterns.
    This bill also updates the BEST program by requiring each 
maritime unit to include a U. S. Coast Guard (USCG) employee. 
It extends the reporting requirements by five years and 
requires the Department of Homeland Security (DHS or the 
Department) Secretary to report on the effectiveness of the 
BEST program's efforts to combat TCOs, its cooperation with 
stakeholders, and its integration with Joint Task Force 
Operations on an annual basis.
    Finally, the bill modernizes the Immigration and Customs 
Enforcement's (ICE) overseas pay system. Specifically, S. 1199 
authorizes the Director of ICE to provide danger pay for law 
enforcement officers serving in dangerous locations outside the 
United States. By providing this authority, Congress is 
ensuring that ICE agents have pay parity with their Drug 
Enforcement Agency (DEA) and Federal Bureau of Investigations 
(FBI) law enforcement counterparts serving in similar 
environments.

              II. Background and the Need for Legislation

    The BEST program is a partnership between ICE and 
``federal, state, local, tribal and international law 
enforcement'' agencies to disrupt border related criminal 
activity.\1\ There are 57 BEST units operating across 22 states 
and Puerto Rico.\2\ These teams are comprised of over 1,000 
members who represent over 100 law enforcement agencies that 
focus on disrupting criminal smuggling and trafficking 
operations and on denying criminal organizations the 
opportunity to transport their illicit funds.\3\ According to 
ICE Homeland Security Investigations (HSI), during fiscal year 
2016 ``the BEST program accounted for 3,710 criminal arrests, 
991 administrative arrests, and prosecutors obtained 2,248 
indictments and 1,923 convictions.''\4\
---------------------------------------------------------------------------
    \1\U.S. Immigration and Customs Enforcement, Border Enforcement 
Security Task Force (BEST), https://www.ice.gov/best (last visited July 
20, 2017).
    \2\Id. at ``BEST Locations.''
    \3\Id.
    \4\See A Dangerous and Sophisticated Adversary: The Threat to the 
Homeland Posed by Cartel Operations: Hearing Before the H. Comm. on 
Homeland Sec., 115th Cong. (Feb. 16, 2017) (written statement of Matt 
Allen, ICE Homeland Security Investigations Assistant Director for 
Investigative Programs), available at https://www.dhs.gov/news/2017/02/
16/written-testimony-ice-house-homeland-security-subcommittee-border-
and-maritime.
---------------------------------------------------------------------------
    The BEST program is critical to maintaining security at the 
U.S. borders. With the increased use of alternative methods to 
conceal transnational crime, this program's rapid response 
mechanisms have prevented further criminal activity from 
occurring within the United States.\5\ Additionally, the BEST 
program provides safety and security to U.S. citizens who 
reside near the U.S. border.
---------------------------------------------------------------------------
    \5\Id.
---------------------------------------------------------------------------
    While the BEST program has been successful, the current 
authorization is not flexible enough to allow the program to 
react to changes in the border security landscape, including 
the establishment of DHS Joint Task Forces and the Department's 
shift in strategic priorities toward securing our border and 
dismantling TCOs.\6\ Modifications are necessary to ensure the 
BEST program is adapting to the evolving security changes at 
the border.
---------------------------------------------------------------------------
    \6\See generally, Securing the Border: Understanding Threats and 
Strategies for the Northern Border: Hearing Before the S. Comm. on 
Homeland Sec. & Governmental Affairs, 114th Cong. (Apr. 22, 2015), 
available at https://www.hsgac.senate.gov/hearings/securing-the-border-
understanding-threats-and-strategies-for-the-northern-border.
---------------------------------------------------------------------------
    With the reporting period for BEST set to expire on 
December 7, 2017, Congress has the opportunity to direct the 
Department to consider strategic priorities and location of 
existing Joint Task Force operations when determining placement 
of future BEST units.
    The bill also ensures that all maritime BEST units have 
USCG personnel assigned to them. Requiring the USCG to assign 
personnel to maritime BEST units that have a nexus to port 
security will allow for the rapid dissemination of maritime-
based intelligence to other Federal, state, and local entities, 
increasing the chance of a law enforcement resolution to 
illicit maritime activity. This is particularly important in 
light of recent media reports asserting that coca cultivation 
in Colombia has increased by fifty percent.\7\ USCG maritime 
operations will be instrumental in preventing more cocaine from 
reaching American communities through maritime transit zones.
---------------------------------------------------------------------------
    \7\Colombia coca cultivation rises by 50% says UN, BBC News (July 
15, 2017), available at http://www.bbc.com/news/world-latin-america-
40616502.
---------------------------------------------------------------------------
    Lastly, through this legislation, Congress seeks to 
modernize ICE's compensation system for those law enforcement 
officers serving abroad. ICE HSI Special Agents assigned abroad 
conduct criminal investigations under dangerous circumstances. 
In 2011, for example, ICE HSI Special Agent Jaime Zapata was 
murdered by cartel gunmen while stationed in Mexico, and 
another agent was seriously wounded.\8\ Given that ICE HSI is 
responsible for combating criminal organizations illegally 
exploiting America's trade, travel, financial, and immigration 
systems, S. 1199 would ensure that these law enforcement 
officers have pay parity with their DEA and FBI counterparts, 
who have already been granted danger pay allowances by 
Congress.\9\
---------------------------------------------------------------------------
    \8\Press Release, U.S. Dep't. of Justice, Two Cartel Members Found 
Guilty of Murder and Other Charges in Slaying of ICE Special Agent 
Jaime Zapata and Attempted Murder of Ice Special Agent Victory Avila 
(July 27, 2017), https://www.justice.gov/opa/pr/two-cartel-members-
found-guilty-murder-and-other-charges-slaying-ice-special-agent-jaime.
    \9\See Pub. L. No. 101-246, Sec. 151, 104 Stat. 42 (1990); Pub. L. 
No. 207-273, Sec. 11005, 116 Stat. 1817.
---------------------------------------------------------------------------

                        III. Legislative History

    S. 1199 was introduced on May 22, 2017, by Ranking Member 
Claire McCaskill. Chairman Ron Johnson and Senator Jon Tester 
joined as cosponsors on July 25, 2017. The bill was referred to 
the Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 1199 at a business meeting on 
July 26, 2017. Two amendments were considered at the business 
meeting. Johnson Amendment 1 added ICE to the list of agencies 
that are authorized to provide danger pay to employees serving 
abroad. The substitute amendment was adopted by voice vote en 
bloc, with Senators Johnson, Portman, Lankford, Daines, 
McCaskill, Tester, Heitkamp, Peters, Hassan, and Harris 
present.
    Heitkamp Amendment 1 as modified included several factors 
the Secretary of DHS should consider and include in the 
required report to Congress regarding BEST operations and 
programming. The amendment was adopted by voice vote en bloc, 
with Senators Johnson, Portman, Lankford, Daines, McCaskill, 
Tester, Heitkamp, Peters, Hassan, and Harris present.
    The Committee ordered S. 1199, as amended by Johnson 
Amendment 1 and Heitkamp Amendment 1, reported favorably by 
voice vote en bloc with Senators Johnson, Portman Lankford, 
Daines, McCaskill, Tester, Heitkamp, Peters, Hassan, and Harris 
present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Sec. 1. Short title

    This section provides the bill's short title, the ``Border 
Enforcement Security Task Force Reauthorization Act of 2017.''

Sec. 2. Modified instructions

    Subsection (a) requires the Secretary of DHS to apply 
additional risk-based criteria before establishing a BEST unit. 
The criteria are required to include the threats posed by 
transnational criminal organizations, the BEST unit's potential 
to enhancement DHS's strategic priorities, and to assess how 
BEST units benefit Joint Task Force operations.
    Subsection (b) requires that BEST units with a port 
security nexus include at least one member of the USCG 
Investigative Service and at least one member from the 
geographically responsible USCG Sector Intelligence Office.
    Subsection (c) expands reporting requirements. In addition 
to previous areas of analysis, annual reports must include an 
assessment of the effectiveness of the program's effort to 
dismantle TCOs. The report must provide an assessment of joint 
operational cooperation and information sharing effectiveness 
among Federal, state, local, tribal and foreign law enforcement 
agencies, as well as the capability gaps that exist related to 
intelligence sharing. Further, this subsection also calls for 
assessments regarding: authorities, Memorandums of 
Understanding, and funding impacts. Reporting timelines remain 
the same.

Sec. 3. Authorization of danger pay allowance for ICE agents stationed 
        in dangerous areas

    Subsection (a) explains the importance of providing danger 
pay authority to the ICE Director.
    Subsection (b) includes ICE in the list of Federal 
components authorized to provide danger pay to their employees 
serving abroad.
    Subsection (c) is a technical provision that repeals Public 
Law 101-246.
    Subsection (d) implements transparency and accountability 
by requiring the ICE Director to submit a report to appropriate 
committees listing the oversea posts that quality for danger 
pay allowances accompanied by a detailed justification for each 
designation. ICE must submit such information no later than 30 
days after the date on which regulations are issued.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill 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.

             VI. Congressional Budget Office Cost Estimate

                                                   August 17, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1199, the Border 
Enforcement Security Task Force Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1199--Border Enforcement Security Task Force Reauthorization Act of 
        2017

    CBO estimates that, in total, implementing S. 1199 would 
cost about $1 million annually, subject to the availability of 
appropriated funds.
    S. 1199 would authorize Immigration and Customs Enforcement 
(ICE) to provide a danger-pay allowance for ICE agents who are 
assigned to certain overseas posts. ICE expects that 39 
employees would receive this allowance and estimates that each 
person would earn, on average, an additional $13,600 per year; 
that amount is equivalent to 15 percent of their current pay, 
which is in line with other agencies that provide danger pay. 
Thus, CBO estimates that implementing this provision of the 
bill would cost about $530,000 in 2017, with those costs 
growing as average salaries increased over time.
    In addition, S. 1199 would require the Department of 
Homeland Security (DHS), for five years after enactment, to 
submit an annual report to the Congress on a DHS task force 
working to improve border security. The report would include an 
evaluation of the task force's effectiveness in enhancing 
border security, reducing crime, and improving the sharing of 
information among law enforcement agencies. Based on the cost 
of similar activities, CBO estimates that the report would cost 
less than $500,000 annually over the next 5 years.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting S. 1199 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 1199 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On May 12, 2017, CBO transmitted a cost estimate for H.R. 
2281, the Border Enforcement Security Task Force 
Reauthorization Act of 2017, as ordered reported by the House 
Committee on Homeland Security on May 3, 2017. H.R. 2281 would 
require DHS to prepare a report similar to the one in S. 1199 
but would not authorize danger pay for ICE agents. The 
estimates of the two versions of the bill reflect that 
difference.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1199, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *



Subpart D--Pay and Allowances

           *       *       *       *       *       *       *



CHAPTER 59--ALLOWANCES

           *       *       *       *       *       *       *



Subchapter III--Overseas Differentials and Allowances

           *       *       *       *       *       *       *



SEC. 5928. DANGER PAY ALLOWANCE.

    An employee serving in a foreign area may be granted a 
danger pay allowance on the basis of civil insurrection, civil 
war, terrorism, or wartime conditions which threaten physical 
harm or imminent danger to the health or well-being of the 
employee. The Secretary of State may not deny an request by the 
Administrator of the Drug Enforcement Agency, the Director of 
the Federal Bureau of Investigation, or the Director of U.S. 
Immigration and Customs Enforcement to authorize a danger pay 
allowance under this section for any employee of any such 
agency. A danger pay allowance may not exceed 35 percent of the 
basic pay of the employee, except that if an employee is 
granted an additional differential under section 5925(b) of 
this title with respect to an assignment, the sum of that 
additional differential and any danger pay allowance granted to 
the employee with respect to that assignment may not exceed 35 
percent of the basic pay of the employee. The presence of 
nonessential personnel or dependents shall not preclude payment 
of an allowance under this section. In each instance where an 
allowance under this section is initiated or terminated, the 
Secretary of State shall inform the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate of the action taken and the circumstances justifying it.

           *       *       *       *       *       *       *


TITLE 6--DOMESTIC SECURITY

           *       *       *       *       *       *       *


CHAPTER 1--HOMELAND SECURITY ORGANIZATION

           *       *       *       *       *       *       *



Subchapter IV--Border, Maritime, and Transportation Security

           *       *       *       *       *       *       *



                    PART C--MISCELLANEOUS PROVISIONS


SEC. 240. BORDER ENFORCEMENT SECURITY TASK FORCE.

    (a) * * *
    (b) * * *
    (c) Composition and Establishment of Units.--
          (1) * * *
          (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] shall apply risk-based 
        criteria that takes into consideration--
                  (A) whether the area in which the BEST unit 
                would be established is significantly impacted 
                by cross-border threats including threats posed 
                by transnational criminal organizations;
                  (B) * * *
                  (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[.];
                  (E) the extent to which the BEST unit would 
                advance the Department's homeland and border 
                security strategic priorities and related 
                objectives; and
                  (F) whether departmental Joint Task Force 
                operations established pursuant to section 708 
                and other joint cross-border initiatives would 
                be enhanced, improved, or otherwise assisted by 
                the BEST unit.
          (3) * * *
    (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) * * *
          (2) * * *
          (3) * * *
          (4) Port security best units.--A BEST unit 
        established pursuant to paragraph (2) with a port 
        security nexus shall be composed of at least 1 member 
        of each of the following:
                  (A) The Coast Guard Investigative Service.
                  (B) The geographically responsible Coast 
                Guard Sector Intelligence Office.
    [(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.]
    (e) Report.--Not later than 180 days after the date of the 
enactment of this subsection, and annually thereafter for the 
following 5 years, the Secretary shall submit to Congress a 
report that includes--
          (1) a description of the effectiveness of BEST in 
        enhancing border security, disrupting and dismantling 
        transnational criminal organizations, and reducing drug 
        trafficking, arms smuggling, child exploitation, 
        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;
          (2) an assessment of how BEST enhances information-
        sharing, including the dissemination of homeland 
        security information, among Federal, State, local, 
        tribal, and foreign law enforcement agencies, as well 
        as BEST capability gaps relating to intelligence 
        coordinating and sharing efforts;
          (3) a description of how BEST advances the 
        Department's homeland and border security strategic 
        priorities and effectiveness of BEST in achieving 
        related objectives;
          (4) an assessment of BEST's joint operational efforts 
        with departmental Joint Task Force operations 
        established pursuant to section 708 and other joint 
        cross-border initiatives;
          (5) an assessment of whether additional authorities 
        are needed to accomplish the BEST mission;
          (6) an assessment of whether additional Memos of 
        Understanding are needed to address intelligence and 
        coordination gaps; and
          (7) an assessment of where funding has an impact on 
        the overall mission of BEST operations to assist in 
        advancing the Department's homeland and border security 
        priorities and related objectives.

                                  [all]