II 

Calendar No. 254 

115TH CONGRESS 

1ST SESSION S. 1199 

[Report No. 115–179] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2017 

Mrs. MCCASKILL (for herself, Mr. TESTER, and Mr. JOHNSON) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

OCTOBER 30, 2017 

Reported by Mr. JOHNSON, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ethrower on DSK3G9T082PROD with BILLS
2 

•S 1199 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Border Enforcement 

3 Security Task Force Reauthorization Act of 2017’’. 

4 SEC. 2. MODIFIED INSTRUCTIONS. 

5 (a) UPDATED CONSIDERATIONS FOR THE ESTAB6 LISHMENT OF UNITS.—Section 432(c)(2) of the Home7 land Security Act of 2002 (6 U.S.C. 240(c)) is amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by striking ‘‘shall consider’’ and inserting ‘‘shall 

10 apply risk-based criteria that takes into consider11 ation’’; 

12 (2) in subparagraph (A), by inserting ‘‘, includ13 ing threats posed by transnational criminal organi14 zations’’ before the semicolon at the end; 

15 (3) in subparagraph (C), by striking ‘‘and’’ at 

16 the end; 

17 (4) in subparagraph (D), by striking the period 

18 at the end and inserting a semicolon; and 

19 (5) by adding at the end the following: 

20 ‘‘(E) the extent to which the BEST unit 

21 would advance the Department’s homeland and 

22 border security strategic priorities and related 

23 objectives; and 

24 ‘‘(F) whether departmental Joint Task 

25 Force operations established pursuant to sec26 tion 708 and other joint cross-border initiatives 


ethrower on DSK3G9T082PROD with BILLS
3 

•S 1199 RS

1 would be enhanced, improved, or otherwise as2 sisted by the BEST unit.’’. 

3 (b) PORT SECURITY.—Section 432(c) of the Home4 land Security Act of 2002, as amended by subsection (a), 

5 is further amended by adding at the end the following: 

6 ‘‘(4) PORT SECURITY BEST UNITS.—A BEST 

7 unit established pursuant to paragraph (2) with a 

8 port security nexus shall be composed of at least 1 

9 member of each of the following: 

10 ‘‘(A) The Coast Guard Investigative Serv11 ice. 

12 ‘‘(B) The geographically responsible Coast 

13 Guard Sector Intelligence Office.’’. 

14 (c) UPDATED REPORT ELEMENTS.—Section 432(e) 

15 of the Homeland Security Act of 2002 (6 U.S.C. 240(e)) 

16 is amended to read as follows: 

17 ‘‘(e) REPORT.—Not later than 180 days after the 

18 date of the enactment of this subsection, and annually 

19 thereafter for the following 5 years, the Secretary shall 

20 submit to Congress a report that includes— 

21 ‘‘(1) a description of the effectiveness of BEST 

22 in enhancing border security, disrupting and dis23 mantling transnational criminal organizations, and 

24 reducing drug trafficking, arms smuggling, child ex25 ploitation, illegal alien trafficking and smuggling, viVerDate Sep 11 2014 22:35 Oct 30, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1199.RS S1199

ethrower on DSK3G9T082PROD with BILLS
4 

•S 1199 RS

1 olence, and kidnapping along and across the inter2 national borders of the United States, as measured 

3 by crime statistics, including violent deaths, inci4 dents of violence, and drug-related arrests; 

5 ‘‘(2) an assessment of how BEST enhances in6 formation-sharing, including the dissemination of 

7 homeland security information, among Federal, 

8 State, local, tribal, and foreign law enforcement 

9 agencies, as well as BEST capability gaps relating to 

10 intelligence coordinating and sharing efforts; 

11 ‘‘(3) a description of how BEST advances the 

12 Department’s homeland and border security stra13 tegic priorities and effectiveness of BEST in achiev14 ing related objectives; and 

15 ‘‘(4) an assessment of BEST’s joint operational 

16 efforts with departmental Joint Task Force oper17 ations established pursuant to section 708 and other 

18 joint cross-border initiatives;. 

19 ‘‘(5) An assessment of whether additional au20 thorities are needed to accomplish the BEST mission; 

21 ‘‘(6) An assessment of whether additional Memos 

22 of Understanding are needed to address intelligence 

23 and coordination gaps; and 

24 ‘‘(7) An assessment of whether funding has an 

25 impact on the overall mission of BEST operations to 


ethrower on DSK3G9T082PROD with BILLS
5 

•S 1199 RS

1 assist in advancing the Department’s homeland and 

2 border security priorities and related objectives.’’. 

3 SEC. 3. AUTHORIZATION OF DANGER PAY ALLOWANCE FOR 

4 ICE AGENTS STATIONED IN DANGEROUS 

5 AREAS. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that providing personnel danger pay to U.S. Immigration 

8 and Customs Enforcement (ICE) agents who are assigned 

9 to dangerous overseas posts will— 

10 (1) help modernize ICE’s overseas workforce com11 pensation system; and 

12 (2) place ICE on equal footing with the law en13 forcement agencies of the Department of Justice. 

14 (b) AUTHORIZATION.—Section 5928 of title 5, United 

15 States Code, is amended by inserting ‘‘The Secretary of 

16 State may not deny a request by the Administrator of the 

17 Drug Enforcement Administration, the Director of the Fed18 eral Bureau of Investigation, or the Director of U.S. Immi19 gration and Customs Enforcement to authorize a danger 

20 pay allowance under this section for any employee of any 

21 such agency.’’ after the first sentence. 

22 (c) CONFORMING AMENDMENT.—Section 151 of the 

23 Foreign Relations Authorization Act, Fiscal Years 1990 

24 and 1991 (Public Law 101–246) is repealed. 


ethrower on DSK3G9T082PROD with BILLS
6 

•S 1199 RS

1 (d) REPORTING REQUIREMENT.—Not later than 30 

2 days after the date on which regulations are issued pursu3 ant to subsection (d), the Director of U.S. Immigration and 

4 Customs Enforcement shall submit a report to the Com5 mittee on Foreign Relations of the Senate, the Committee 

6 on Homeland Security and Governmental Affairs of the 

7 Senate, the Committee on Foreign Affairs of the House of 

8 Representatives, and the Committee on Homeland Security 

9 of the House of Representatives that specifies— 

10 (1) the overseas posts that have been designated 

11 by the Director as locations at which ICE agents will 

12 receive a danger pay allowance; and 

13 (2) the justification for each such designation. 


ethrower on DSK3G9T082PROD with BILLS

ethrower on DSK3G9T082PROD with BILLS
Calendar No. 254 

115TH CONGRESS 

1ST SESSION S. 1199 

[Report No. 115–179] 

A BILL 

To amend the Homeland Security Act of 2002 to 

Homeland Security, and for other purposes. Task Force program within the Department of reauthorize the Border Enforcement Security 

OCTOBER 30, 2017 

Reported with amendments 


ethrower on DSK3G9T082PROD with BILLS