U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–179 

Calendar No. 254 

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 

OCTOBER 30, 2017.—Ordered to be printed 


E:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

JON TESTER, Montana 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

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 

2 

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. 

4See 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-icehouse-homeland-security-subcommittee-border-and-maritime. 5 Id. 

6See 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. 

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

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. 

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

3 

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. 8Press 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-foundguilty-murder-and-other-charges-slaying-ice-special-agent-jaime. 9See Pub. L. No. 101–246, § 151, 104 Stat. 42 (1990); Pub. L. No. 207–273, § 11005, 116 Stat. 

1817. 

Modifications are necessary to ensure the BEST program is adapting to the evolving security changes at the 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. 

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

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 

4 

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 

5 

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 

6 

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 

7 

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 øshall 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; øand¿ 

(D) whether or not an Integrated Border Enforcement 

Team already exists in the area in which the BEST unit 

would be establishedø.¿; 

(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— 

8 

(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. 

ø(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. 

Æ