[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\
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\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.
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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.
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\5\Id.
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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.
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\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.
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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.
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\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.
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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\
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\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.
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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]