[House Report 115-122]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-122
======================================================================
BORDER ENFORCEMENT SECURITY TASK FORCE REAUTHORIZATION ACT OF 2017
_______
May 16, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2281]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2281) 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 an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
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 ``Border Enforcement Security Task Force
Reauthorization Act of 2017''.
SEC. 2. MODIFIED INSTRUCTIONS.
(a) Updated Considerations for the Establishment of Units.--Paragraph
(2) of section 432(c) of the Homeland Security Act of 2002 (6 U.S.C.
240(c)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``the Secretary shall consider'' and inserting ``the Secretary
shall apply risk-based criteria that takes into
consideration''; and
(2) in subparagraph (A), by inserting before the semicolon
the following: ``, including threats posed by transnational
criminal organizations'';
(3) in subparagraph (C), by striking ``and'' after the
semicolon;
(4) in subparagraph (D), by striking the period at the end
and inserting ``;''; and
(5) by adding at the end the following new subparagraphs:
``(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 as established pursuant to section 708 and
other joint cross-border initiatives would be enhanced,
improved, or otherwise assisted by the BEST unit to be
established.''.
(b) Port Security.--Subsection (c) of section 432 of the Homeland
Security Act of 2002 (6 U.S.C. 240) is amended by adding at the end the
following new paragraph:
``(4) Port security best units.--A BEST unit established
pursuant to paragraph (2) with a port security nexus shall be
composed of at least one member of each of the following:
``(A) The Coast Guard Investigative Service.
``(B) The geographically-responsible Coast Guard
Sector Intelligence Office.''.
(c) Updated Report Elements.--Subsection (e) of section 432 of the
Homeland Security Act of 2002 (6 U.S.C. 240) is amended to read as
follows:
``(e) Report.--Not later than 180 days after the date of the
enactment of this section and annually thereafter for the following
five years, the Secretary shall submit to Congress a report that
includes the following:
``(1) A description of the effectiveness of BEST in enhancing
border security, disrupting and dismantling transnational
criminal organizations, and reducing 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.
``(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.
``(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.''.
Purpose and Summary
H.R. 2281, the ``Border Enforcement Security Task Force
Reauthorization Act of 2017'' reauthorizes the Border
Enforcement Security Task Force (BEST) program and makes
modifications to this border security program, including an
enhanced focus on mitigating the threats posed by transnational
criminal organizations.
This bill updates the considerations for the establishment
of by requiring the Department of Homeland Security (DHS) to
analyze the extent to which new BEST units would advance the
Department's homeland and border security strategic priorities,
related objectives, and whether departmental Joint Task Force
operations would be enhanced by the creation of an additional
BEST. This legislation also requires DHS to monitor and report
the effectiveness of BEST units and their joint operational
efforts with departmental Joint Task Force operations,
authorized in Pub. L. 114-328, the National Defense
Authorization Act for Fiscal Year 2017.
Additionally, under current law, requirements to report to
Congress were set to expire this year. H.R. 2281 extends the
requirement by 5 years and requires DHS to track how BEST units
are integrating with the newly established departmental Joint
Task Forces and how they are supporting current Department-wide
strategic priorities.
This bill also mandates that any BEST unit with a port
security nexus must include the participation of a U.S. Coast
Guard Investigative Service Special Agent and a uniformed Coast
Guard Intelligence Officer from the geographically responsible
sector intelligence office--increasing intelligence sharing in
maritime operations.
Background and Need for Legislation
Transnational criminal organizations (TCOs) have actively
competed for control of various drug trafficking corridors
along the U.S. southwest border, which has led to an escalation
of violence on the Mexican side of the border.
In 2005, in response to the significant increase in this
violence, the U.S. Immigration and Customs Enforcement,
Homeland Security Investigations (HSI), in partnership with
U.S. Customs and Border Protection, as well as other Federal,
State, local, and international law enforcement officials
created the Border Enforcement Security Task Force (BEST)
program.
BEST criminal investigations focus on TCOs that operate
drug distribution networks throughout the United States'
interior and move illicit drug proceeds and weapons southbound.
To date, a total of 44 BESTs have been initiated across 16
States and in Puerto Rico. These teams comprise over 1,000
members who represent over 100 law enforcement agencies who
have jointly committed to investigate transnational criminal
activity along the Southwest and Northern Borders and at our
Nation's major seaports.
While BESTs have been highly successful with over 13,000
criminal arrests and large amounts of seized narcotics,
contraband, weapons, and bulk cash, the current authorization
does not reflect changes in the border security landscape,
including the establishment of DHS Joint Task Forces and the
shift in strategic priorities toward securing our borders and
dismantling transnational criminal organizations. In addition,
while the U.S. Coast Guard is a current partner in BEST
program, not all maritime BEST units have Coast Guard personnel
assigned them.
Requiring the Coast Guard to assign personnel to maritime
BEST units Nation-wide will allow for the dissemination of
maritime-based intelligence to other participating BEST
agencies, furthering the interdiction of illicit maritime
activity within Coast Guard's unique jurisdiction, where other
Federal, State, or local entities may positioned to act.
Hearings
No hearings were held on H.R. 2281 in the 115th Congress.
Committee Consideration
The Committee met on May 3, 2017, to consider H.R. 2281,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The Committee agreed to H.R. 2281, as amended, by voice
vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Rutherford (#1); was AGREED TO by voice vote.
Page 3, line 3, redesignate subsection (b) as subsection (c).
Page 3, beginning line 3, insert a new subsection entitled ``(b)
Port Security.''
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. 2281.
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.
2281, the Border Enforcement Security Task Force
Reauthorization Act of 2017, 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.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 12, 2017.
Hon. Michael McCaul,
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. 2281, 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.
H.R. 2281--Border Enforcement Security Task Force Reauthorization Act
of 2017
H.R. 2281 would require the Department of Homeland Security
(DHS), for five years after the bill's 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; such spending would be subject to the
availability of appropriated funds.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2281 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2281 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.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, 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. 2281 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of this bill is
to align BEST strategic priorities with those of DHS and track
the integration of the BESTs with the newly authorized DHS
Joint Task Forces.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2281 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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. 2281 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2281 would require no
directed rule makings.
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 this bill may be cited as the
``Border Enforcement Security Task Force Reauthorization Act of
2017''.
Sec. 2. Modified Instructions.
This section updates the consideration for the
establishment of BEST Units and sets for their criteria. This
section also analyzes the extent to which the BEST units would
advance the Department's homeland and border security strategic
priorities, related objectives, and whether departmental Joint
Task Force operations as established pursuant to joint cross-
border initiatives. Updated annual reporting requirements are
also established in this section to track how BEST is
integrating with Joint Task Forces and how they are supporting
current Department-wide strategic priorities.
The Committee believes that BESTs are an invaluable program
for sharing information among Federal, State and local partners
to secure our borders. Moreover, BESTs serve as an important
mechanism within DHS to quickly intercept, dismantle, and
disrupt transnational criminal organizations operating along
the borders of the United States. While the Committee is highly
supportive of the work of BESTs, we want to ensure that BESTs
receive clear guidance on their strategic priorities and track
the integration of BESTs with the new Joint Task Forces to
reduce duplication of efforts and strengthen interagency
cooperation through both mechanisms.
Additionally, this section mandates that any BEST with a
port security nexus must include the participation of a Coast
Guard Investigative Service Special Agent and a uniformed Coast
Guard Intelligence Officer from the geographically responsible
Sector intelligence office.
The Committee believes that the Coast Guard is unique in
that they are in contact with local mariners and port operators
each and every day under their broad Federal authorities,
giving them critical situational awareness of the maritime
domain. The USCG is the only DHS component that is an
independent member of the Intelligence Community. This unique
trait positions the Coast Guard to make significant
contributions to the work of the BESTs.
The Committee believes that by utilizing both plain-clothes
investigators and uniformed intelligence officers, BESTs will
be able to partner with the Coast Guard in ongoing criminal
investigations and the generation of actionable maritime
intelligence. Better yet, the Coast Guard will be able to
disseminate the intelligence of other participating BEST
agencies to their men and women on the water, furthering the
interdiction of illicit maritime activity within Coast Guard's
unique jurisdiction, where other Federal, State, or local
entities may not be able to act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black 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
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
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] the Secretary 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) 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[.];
(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 as established pursuant to section
708 and other joint cross-border initiatives
would be enhanced, improved, or otherwise
assisted by the BEST unit to 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.
(4) Port security best units.--A BEST unit
established pursuant to paragraph (2) with a port
security nexus shall be composed of at least one member
of each of the following:
(A) The Coast Guard Investigative Service.
(B) The geographically-responsible Coast
Guard Sector Intelligence Office.
(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.]
(e) Report.--Not later than 180 days after the date of the
enactment of this section and annually thereafter for the
following five years, the Secretary shall submit to Congress a
report that includes the following:
(1) A description of the effectiveness of BEST in
enhancing border security, disrupting and dismantling
transnational criminal organizations, and reducing 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.
(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.
(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.
* * * * * * *
[all]