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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-268

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



 
        JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE ACT

                                _______
                                

November 4, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 915]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 915) to establish a Border Enforcement Security 
Task Force program to enhance border security by fostering 
coordinated efforts among Federal, State, and local border and 
law enforcement officials to protect United States border 
cities and communities from trans-national crime, including 
violence associated with drug trafficking, arms smuggling, 
illegal alien trafficking and smuggling, violence, and 
kidnapping along and across the international borders of the 
United States, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Jaime Zapata Border Enforcement 
Security Task Force Act''.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.

  Congress finds the following:
          (1) The Department of Homeland Security's (DHS) overriding 
        mission is to lead a unified national effort to protect the 
        United States. United States Immigration and Customs 
        Enforcement (ICE) is the largest investigative agency within 
        DHS and is charged with enforcing a wide array of laws, 
        including laws related to securing the border and combating 
        criminal smuggling.
          (2) Mexico's northern border with the United States has 
        experienced a dramatic surge in border crime and violence in 
        recent years due to intense competition between Mexican drug 
        cartels and criminal smuggling organizations that employ 
        predatory tactics to realize their profits.
          (3) Law enforcement agencies at the United States northern 
        border face similar challenges from transnational smuggling 
        organizations.
          (4) In response, DHS has partnered with Federal, State, 
        local, tribal, and foreign law enforcement counterparts to 
        create the Border Enforcement Security Task Force (BEST) 
        initiative as a comprehensive approach to addressing border 
        security threats. These multi-agency teams are designed to 
        increase information-sharing and collaboration among the 
        participating law enforcement agencies.
          (5) BEST teams incorporate personnel from ICE, United States 
        Customs and Border Protection (CBP), the Drug Enforcement 
        Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms 
        and Explosives (ATFE), the Federal Bureau of Investigation 
        (FBI), the United States Coast Guard (USCG), and the U.S. 
        Attorney's Office (USAO), along with other key Federal, State 
        and local law enforcement agencies.
          (6) Foreign law enforcement agencies include Mexico's 
        Secretaria de Seguridad Publica (SSP), the Canada Border 
        Services Agency (CBSA), the Ontario Provincial Police (OPP), 
        and the Royal Canadian Mounted Police (RCMP).

SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE.

  (a) Establishment.--There is established in United States Immigration 
and Customs Enforcement (ICE) a program known as a Border Enforcement 
Security Task Force (referred to as ``BEST'').
  (b) Purpose.--The purpose of the BEST program is to establish units 
to enhance border security by addressing and reducing border security 
threats and violence by--
          (1) facilitating collaboration among Federal, State, local, 
        tribal, and foreign law enforcement agencies to execute 
        coordinated activities in furtherance of border security, and 
        homeland security; and
          (2) enhancing information-sharing, including the 
        dissemination of homeland security information among such 
        agencies.
  (c) Composition and Designation.--
          (1) Composition.--BEST units may be comprised of personnel 
        from--
                  (A) United States Immigration and Customs 
                Enforcement;
                  (B) United States Customs and Border Protection;
                  (C) the United States Coast Guard;
                  (D) other Federal agencies, as appropriate;
                  (E) appropriate State law enforcement agencies;
                  (F) foreign law enforcement agencies, as appropriate;
                  (G) local law enforcement agencies from affected 
                border cities and communities; and
                  (H) appropriate tribal law enforcement agencies.
          (2) Designation.--The Secretary of Homeland Security, acting 
        through the Assistant Secretary for ICE, is authorized to 
        establish BEST units in jurisdictions where such units can 
        contribute to the BEST program's missions, as appropriate. 
        Prior to establishing a BEST unit, the Assistant Secretary 
        shall consider the following factors:
                  (A) Whether the area where the BEST unit would be 
                established is significantly impacted by cross-border 
                threats.
                  (B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in the BEST unit.
                  (C) The extent to which border security threats are 
                having a significant harmful impact in the jurisdiction 
                in which the BEST unit is to be established, and other 
                jurisdictions of the country.
                  (D) Whether or not an Integrated Border Enforcement 
                Team already exists in the area where the BEST unit 
                would be established.
  (d) Operation.--After making a designation under subsection (c)(2), 
and in order to provide Federal assistance to the area so designated, 
the Secretary of Homeland Security may--
          (1) obligate such sums as are appropriated for the BEST 
        program;
          (2) direct the assignment of Federal personnel to the BEST 
        program, subject to the approval of the head of the department 
        or agency that employs such personnel; and
          (3) take other actions to assist State, local, tribal, and 
        foreign jurisdictions to participate in the BEST program.
  (e) Report.--Not later than 180 days after the date of the 
establishment of the BEST program under subsection (a) and annually 
thereafter, the Secretary of Homeland Security shall submit to Congress 
a report on the effectiveness of the BEST program in enhancing border 
security and reducing the drug trafficking, arms smuggling, illegal 
alien trafficking and smuggling, violence, and kidnapping along and 
across the international borders of the United States as measured by 
crime statistics, including violent deaths, incidents of violence, and 
drug-related arrests.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security $10,000,000 for each 
of fiscal years 2012 through 2016 to--
          (1) establish and operate the BEST program, including to 
        provide for operational, administrative, and technological 
        costs to Federal, State, local, tribal and foreign law 
        enforcement agencies participating in the BEST program; and
          (2) investigate, apprehend, and prosecute individuals engaged 
        in drug trafficking, arms smuggling, illegal alien trafficking 
        and smuggling, violence, and kidnapping along and across the 
        international borders of the United States.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 915 is to establish a Border 
Enforcement Security Task Force program to enhance border 
security by fostering coordinated efforts among Federal, State, 
and local border and law enforcement officials to protect 
United States border cities and communities from trans-national 
crime, including violence associated with drug trafficking, 
arms smuggling, illegal alien trafficking and smuggling, 
violence, and kidnapping along and across the international 
borders of the United States, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Immigration and Customs Enforcement (ICE) has partnered 
with Federal, State, local, and foreign law enforcement 
counterparts to create the Border Enforcement Security Task 
Force (BEST) initiative, a series of multi-agency teams 
developed to identify, disrupt, and dismantle criminal 
organizations posing significant threats to border security.
    The teams are designed to increase information sharing and 
collaboration among the agencies combating this threat by 
bringing all of the relevant stakeholders together to 
facilitate planning and operations to disrupt criminal 
organizations with a nexus to the border.
    BEST teams incorporate personnel from ICE; Customs and 
Border Protection; the Drug Enforcement Administration; the 
Bureau of Alcohol, Tobacco, Firearms and Explosives; the 
Federal Bureau of Investigation; the U.S. Coast Guard; and the 
U.S. Attorney's Office along with other key Federal, State, 
local and foreign law enforcement agencies. The Mexican law 
enforcement agency Secretaria de Seguridad Publica participates 
in southwest border BESTS, while the Canada Border Services 
Agency, and the Royal Canadian Mounted Police participate in 
BEST teams along the northern border.
    This legislation is named in honor of ICE agent Jaime 
Zapata, who was killed in the line of the duty while serving on 
a BEST team in Mexico.
    The Committee believes that the Border Enforcement Security 
Task Forces are important interagency forums for cooperation 
and collaboration and should be authorized. The authorization 
level of $10 million included in the bill is consistent with 
appropriated funding for BEST in FY2011.

                                HEARINGS

    No hearings were held on H.R. 915 in the 112th Congress, 
however, the Committee held oversight hearings listed below.
    The Subcommittee on Border and Maritime Security examined 
this issue in a May 3, 2011, hearing entitled ``Border Security 
and Enforcement--Department of Homeland Security's Cooperation 
with State and Local Law Enforcement Stakeholders.'' The 
Subcommittee received testimony from Mr. Kumar Kibble, Deputy 
Director, U.S. Immigration and Customs Enforcement, Department 
of Homeland Security; Mr. Ronald Vitiello, Deputy Chief, U.S. 
Customs and Border Protection, Department of Homeland Security; 
Sheriff Larry Dever, Cochise County Sheriff's Office, Arizona; 
Sheriff Todd Entrekin, Etowah County Sheriff's Office, Alabama; 
and Mr. Gomecindo Lopez, Commander, Special Operations Bureau, 
El Paso County Sheriff's Office, Texas.

                        COMMITTEE CONSIDERATION

    The Subcommittee on Border and Maritime Security met on 
June 2, 2011, to consider H.R. 915, and ordered the measure to 
be reported to the Full Committee with a favorable 
recommendation, as amended.
    The Subcommittee agreed to H.R. 915, as amended, by voice 
vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 915 
offered by Mr. Cuellar (#1); was AGREED TO by voice vote.

    The Committee met on September 21, 2011, to consider H.R. 
915, and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The Committee adopted H.R. 915, as amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Cuellar (#1); was AGREED TO by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 915.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

     In compliance with clause 3(c)(2) of rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 915, the Jaime Zapata Border Enforcement Security Task 
Force Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                September 29, 2011.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 915, the Jaime 
Zapata Border Enforcement Security Task Force Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 915--Jaime Zapata Border Enforcement Security Task Force Act

    Summary: H.R. 915 would authorize the appropriation of $10 
million for each of fiscal years 2012 through 2016 for the 
Border Enforcement Security Task Force (BEST) program in the 
Department of Homeland Security. Under the BEST program, 
personnel from federal, state, local, tribal, and foreign law-
enforcement agencies share information and carry out law-
enforcement operations to combat criminal activity near United 
States borders.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the bill would cost $48 million 
over the 2012-2016 period. Enacting H.R. 915 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 915 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 915 is shown in the following table. 
CBO assumes that the authorized amounts will be appropriated 
near the start of each fiscal year and that outlays will follow 
the historical rate of spending for similar activities. The 
costs of this legislation fall within budget function 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2012      2013      2014      2015      2016    2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................        10        10        10        10        10         50
Estimated Outlays..................................         8        10        10        10        10         48
----------------------------------------------------------------------------------------------------------------

    Pay-as-You-Go considerations: none.
    Intergovernmental and private-sector impact: H.R. 915 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on State, local, or 
Tribal governments.
    Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 915 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The performance goal and objective of H.R. 915 is to 
authorize the Border Enforcement Security Task Forces within 
United States Immigration and Customs Enforcement.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        PREEMPTION CLARIFICATION

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 915 does 
not preempt any State, local, or Tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1.   Short title

    This section provides that bill may be cited as the ``Jaime 
Zapata Border Enforcement Security Task Force Act.''

Section 2.   Findings and declaration of purposes

    (a) Findings.

Section 3.   Border Enforcement Security Task Force

    This section establishes Border Enforcement Security Task 
Forces (BEST) within United States Immigration and Customs 
Enforcement (ICE).
    (b) Purpose.
    The purpose of the BEST program is to establish units to 
enhance border security by addressing and reducing border 
security threats and violence.
    (c) Composition and Designation.
    BEST units may be comprised of personnel from the United 
States Immigration and Customs Enforcement; United States 
Customs and Border Protection; the United States Coast Guard, 
other Federal agencies, State, local and tribal law enforcement 
agencies; and where appropriate foreign law enforcement 
partners.
    The Secretary of Homeland Security is authorized to 
establish BEST units in jurisdictions where such units can 
contribute to the BEST program's missions.
    (e) Report.
    Not later than 180 days after the date of the establishment 
of the BEST program, and annually thereafter, the Secretary of 
Homeland Security shall submit to Congress a report on the 
effectiveness of the BEST program.
    (f) Authorization of Appropriations.
    There is authorized to be appropriated to the Secretary of 
Homeland Security $10,000,000 for each of Fiscal Years 2012 
through 2016.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 915 makes no changes to existing law.