[Senate Report 117-229]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 588
117th Congress         }                        {                Report
                                 SENATE
 2d Session            }                        {               117-229
_______________________________________________________________________

         TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4326

             TO AUTHORIZE THE DIRECTOR OF U.S. IMMIGRATION
               AND CUSTOMS ENFORCEMENT TO PAY STIPENDS TO
            MEMBERS OF TRANSNATIONAL CRIMINAL INVESTIGATIVE
                  UNITS WHO HAVE BEEN PROPERLY VETTED

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                December 5, 2022.--Ordered to be printed


			      __________
			      
		   U.S. GOVERNMENT PUBLISHING OFFICE      

39-010		          WASHINGTON : 2022


       
       
       COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
                    Sarah C. Pierce, Senior Counsel
               Katie A. Conley, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Jeremy H. Hayes, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



                                                       Calendar No. 588
117th Congress         }                        {            Report
                                 SENATE
 2d Session            }                        {            117-229

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

 
         TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND ACT

                                _______
                                

                December 5, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 4326]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4326) to authorize 
the Director of U.S. Immigration and Customs Enforcement to pay 
stipends to members of Transnational Criminal Investigative 
Units who have been properly vetted, having considered the 
same, reports favorably thereon with an amendment 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 of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    S. 4326, the Transnational Criminal Investigative Unit 
Stipend Act, authorizes the Director of U.S. Immigration and 
Customs Enforcement (ICE) to pay stipends to members of 
Transnational Criminal Investigative Units (TCIUs). This bill 
is intended to enhance the Department of Homeland Security's 
(DHS), Homeland Security Investigations (HSI) efforts to combat 
to interdict drugs and precursors abroad by authorizing HSI to 
operate TCIUs and to pay monetary stipends to participating 
vetted foreign law enforcement officials that facilitate 
information exchange and bilateral investigations of 
transnational crime, including drug smuggling.

              II. Background and the Need for Legislation

    On September 27, 2011, HSI established the TCIU Program to 
act as a force multiplier in the fight against transnational 
criminal organizations.\1\ TCIUs are comprised of foreign law 
enforcement officials and prosecutors who receive extensive 
training at U.S. based law enforcement training centers. These 
officials must also undergo a strict vetting process prior to 
engaging in rapid bilateral investigations of various 
programmatic areas including weapons trafficking and counter-
proliferation, money laundering and bulk cash smuggling, human 
smuggling and trafficking, narcotics trafficking, and many 
other violations of law within HSI's investigative purview.
---------------------------------------------------------------------------
    \1\United States House of Representatives Committee on Homeland 
Security; Subcommittee on Border Security, Facilitation, and 
Operations; Testimony Submitted for the Record of Assistant Director 
Steven W. Cagen, Homeland Security Investigations, Hearing on Examining 
DHS's Efforts to Combat the Opioid Epidemic, 117th Cong. (May 18, 2022) 
(H.R. Hrg. 117-124).
---------------------------------------------------------------------------
    There are over 500 vetted and trained foreign law 
enforcement officers in 13 countries that comprise the 12 TCIUs 
and two International Task Forces, which include personnel from 
multiple countries working together to combat transnational 
crime.\2\ TCIUs further the ICE HSI mission by investigating 
and prosecuting individuals involved in transnational criminal 
activity that pose continuing threats to the homeland security 
of the United States. TCIUs identify targets, collect evidence, 
share intelligence, and facilitate the prosecution of 
transnational criminal organizations (TCOs) both in-country and 
through the U.S. judicial system. For example, in Mexico in 
fiscal year (FY) 2021, ``the HSI Mexico TCIU made approximately 
100 arrests; seized 3 million USD; 4,300 pounds of cocaine; 350 
pounds of fentanyl; 717,000 pounds of drug precursor chemicals, 
and 58,000 pounds of other drugs.''\3\
---------------------------------------------------------------------------
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    The FY 2022 Appropriations Bill, as well as previous 
appropriations bills, authorize ICE to fund ``overseas vetted 
units,'' to include paying for training, equipment, vetting 
requirements and other operational expenses.\4\ However, this 
authority does not specifically authorize ICE to pay TCIU 
members a salary supplement, nor does it specify the role of 
the TCIUs in carrying out HSI's mission to combat transitional 
organized crime. This limitation differs from other U.S. 
federal law enforcement agencies, such as the Drug Enforcement 
Administration (DEA), which have been granted the authority by 
the Congress to provide salary supplements to overseas vetted 
units.\5\\6\
---------------------------------------------------------------------------
    \4\Consolidated Appropriations Act, 2021 Pub. L. 116-260, Sec. 9, 
Division F, Title II (December 27, 2020).
    \5\Omnibus Consolidated Appropriations Act of 1997, Pub. L. 104-208 
(September 30, 1996).
    \6\House of Representatives, Departments of Commerce, Justice, and 
State, the Judiciary, and related agencies Appropriations Bill, Fiscal 
Year 1997, 104th Cong. (Report 104-676) (July 16, 1996).
---------------------------------------------------------------------------
    While host foreign countries will remain responsible for 
paying the salaries of TCIU personnel, salary supplements are 
important for HSI to recruit and retain the highest caliber 
foreign law enforcement officials. TCIUs perform an important 
role in HSI's ability to disrupt and dismantle TCOs that pose a 
direct threat to U.S. border security. The current inability 
for HSI to provide salary supplements has resulted in a high 
turnover rate as TCIU personnel seek employment opportunities 
that offer higher compensation or choose to work with other 
agencies such as DEA, which has the authority to pay salary 
supplements. Given the time and fiscal resources required to 
recruit, vet, and train new TCIU members and the need for 
continuity to bring long-term, complex investigations to a 
successful conclusion, the current high turnover rate is 
detrimental to HSI's efforts to combat TCOs.

                        III. Legislative History

    Senator Portman (R-OH), along with Senator Hassan (D-NH), 
introduced S. 4326, Transnational Criminal Investigative Unit 
Stipend Act, on May 26, 2022. The bill was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 4326 at a business meeting on 
August 3, 2022. During the business meeting, an amendment, as 
modified, was offered by Senator Scott and adopted by voice 
vote en bloc. The amendment requires the Director of ICE to 
provide an annual unclassified briefing for a 5-year period 
upon enactment to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House, that identifies the number of 
vetted members of TCIUs in each country; the amount paid in 
stipends to such members, disaggregated by country; and 
relevant enforcement statistics, such as arrests and progress 
made on joint investigations, in each such country. The 
amendment also provides for a classified briefing, if 
necessary, to ensure the Committees are provided any necessary 
classified information.
    The bill, as amended, was ordered reported favorably by 
voice vote en bloc. Senators present for the vote were: Peters, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, Romney, 
Scott, and Hawley.

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


Section 1. Short title

    This section cites the short title as the ``Transnational 
Criminal Investigative Unit Stipend Act''.

Section 2. Homeland Security Investigations Transnational Criminal 
        Investigative Units

    This section amends Section H of title VIII of the Homeland 
Security Act of 2002 (6 U.S.C. 451 et seq.) by adding the 
following:
    Subsection (a) authorizes the Secretary of the Department 
of Homeland Security to operate TCIUs through ICE, HSI.
    Subsection (b) authorizes TCIUs to be composed of trained 
foreign law enforcement officials who shall collaborate with 
HSI to investigate and prosecute individuals.
    Subsection (c) requires TCIU foreign law enforcement 
officials to pass security evaluations, which may include a 
background check, a polygraph examination, a urinalysis test, 
and other various security evaluations as determined necessary 
by the Director of ICE. This section also requires the Director 
to report to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives on the 
procedures used for the vetting of these members and if any 
additional measures should be implemented to prevent personnel 
in vetted units from being compromised by criminal 
organizations.
    Subsection (d) authorizes the Director of ICE to pay TCIU 
members a monetary stipend for the work conducted in 
furtherance of their unit duties.
    Subsection (e) requires the Director of ICE for a five-year 
period following enactment of the bill to provide Congress with 
a briefing on the number of TCIU members located in each 
country, the amount of stipends paid, and relevant enforcement 
statistics.
    This section also provides a clerical amendment to the 
table of contents for the Homeland Security Act of 2002 (6 
U.S.C. note) by inserting ``Sec. 890C. Transnational Criminal 
Investigative Units.''

                   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

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending subject   Pay-as-you-   on-budget
   Bill        Title        Status      Last      Budget     spending,    Revenues,          to              go         deficits    Mandates    Contact
  number                               action    function    2023-2032    2023-2032    appropriation,    procedures    beginning
                                                                                          2023-2027        apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4326    Transnational  Ordered     08/03/22  750         0            0            Not estimated     No            No           No          Jeremy
            Criminal       reported                                                                                                             Crimm
            Investigativ
            e Unit
            Stipend Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4326 would authorize Immigration and Customs Enforcement (ICE) to operate Transnational Criminal Investigative Units (TCIUs)--teams of foreign law
  enforcement officials working with ICE to investigate and prosecute individuals involved in transnational criminal activity. The bill also would
  authorize ICE to pay stipends to TCIU members. CBO estimates that enacting S. 4326 would not affect direct spending or revenues. CBO has not estimated
  the discretionary costs of implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
  Mandates Reform Act.

       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 
the bill, 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):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

           *       *       *       *       *       *       *

Sec. 890B. Homeland Security critical domain research and development.
Sec. 890C. Transnational Criminal Investigative Units.
     * * * * * * *

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.

    (a) In General.--The Secretary shall operate Transnational 
Criminal Investigative Units within United States Immigration 
and Customs Enforcement, Homeland Security Investigations.
    (b) Composition.--Each Transnational Criminal Investigative 
Unit shall be composed of trained foreign law enforcement 
officials who shall collaborate with Homeland Security 
Investigations to investigate and prosecute individuals 
involved in transnational criminal activity.
    (c) Vetting Requirement.--
          (1) In general.--Upon entry into a Transnational 
        Criminal Investigative Unit, and at periodic intervals 
        while serving in such a unit, foreign law enforcement 
        officials shall be required to pass certain security 
        evaluations, which may include a background check, a 
        polygraph examination, a urinalysis test, or other 
        measures that the Director of U.S. Immigration and 
        Customs Enforcement determines to be appropriate.
          (2) Report.--The Director of U.S. Immigration and 
        Customs Enforcement shall submit a report to the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of 
        the House of Representatives that describes--
                  (A) the procedures used for vetting 
                Transnational Criminal Investigative Unit 
                members; and
                  (B) any additional measures that should be 
                implemented to prevent personnel in vetted 
                units from being compromised by criminal 
                organizations.
    (d) Monetary Stipend.--The Director of U.S. Immigration and 
Customs Enforcement is authorized to pay vetted members of a 
Transnational Criminal Investigative Unit a monetary stipend in 
an amount associated with their duties dedicated to unit 
activities.
    (e) Annual Briefing.--The Director of U.S. Immigration and 
Customs Enforcement, during the 5-year period beginning on the 
date of the enactment of this Act, shall provide an annual 
unclassified briefing to the congressional committees referred 
to in subsection (c)(2), which may include a classified 
session, if necessary, that identifies--
          (1) the number of vetted members of Transnational 
        Criminal Investigative Unit in each country;
          (2) the amount paid in stipends to such members, 
        disaggregated by country; and
          (3) relevant enforcement statistics, such as arrests 
        and progress made on joint investigations, in each such 
        country.

           *       *       *       *       *       *       *


                                  [all]