Border Enforcement Security Task Force Reauthorization Act of 2017

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. Short title This Act may be cited as the Border Enforcement Security Task Force Reauthorization Act of 2017 2. Modified instructions (a) Updated considerations for the establishment of units Section 432(c)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 240(c) (1) in the matter preceding subparagraph (A), by striking shall consider shall apply risk-based criteria that takes into consideration (2) in subparagraph (A), by inserting , including threats posed by transnational criminal organizations (3) in subparagraph (C), by striking and (4) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (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. . (b) Port security Section 432(c) of the Homeland Security Act of 2002, as amended by subsection (a), is further amended by adding at the end the following: (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. . (c) Updated report elements Section 432(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 240(e) (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, (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; and (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 whether 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. . 3. Authorization of danger pay allowance for ICE agents stationed in dangerous areas (a) Sense of Congress It is the sense of Congress that providing personnel danger pay to U.S. Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will— (1) help modernize ICE’s overseas workforce compensation system; and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. (b) Authorization Section 5928 of title 5, United States Code, is amended by inserting The Secretary of State may not deny a request by the Administrator of the Drug Enforcement Administration, 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. (c) Conforming amendment Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 (d) Reporting requirement Not later than 30 days after the date on which regulations are issued pursuant to subsection (d), the Director of U.S. Immigration and Customs Enforcement shall submit a report to the Committee on Foreign Relations of the Senate Committee on Homeland Security and Governmental Affairs of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Homeland Security of the House of Representatives (1) the overseas posts that have been designated by the Director as locations at which ICE agents will receive a danger pay allowance; and (2) the justification for each such designation. October 30, 2017 Reported with amendments

Summary: Border Enforcement Security Task Force Reauthorization Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), before establishing a Border Enforcement Security Task Force (BEST) unit, to apply risk-based criteria that takes into consideration specified factors, including: whether the area in which the BEST unit would be established is significantly impacted by threats posed by transnational criminal organizations; the extent to which the unit would advance DHS's homeland and border security strategic priorities and related objectives; and whether departmental Joint Task Force operations would be enhanced, improved, or otherwise assisted by the unit. A BEST unit with a port security nexus must be composed of at least one member of: (1) the Coast Guard Investigative Service, and (2) the geographically responsible Coast Guard Sector Intelligence Office. The bill modifies the DHS annual reporting requirement on the BEST program to require:: a description of the effectiveness of BEST in disrupting and dismantling transnational criminal organizations and reducing child exploitation; an assessment of how BEST enhances information-sharing; a description of how BEST advances DHS's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives; an assessment of BEST's joint operational efforts with departmental Joint Task Force operations; an assessment of whether additional authorities are needed to accomplish the BEST mission; an assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps; and an assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing DHS's homeland and border security priorities and related objectives. (Sec. 3) The bill expresses the sense of Congress that providing personnel danger pay to U.S Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will: (1) help modernize ICE's overseas workforce compensation system, and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. The Department of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or ICE to authorize a danger pay allowance for any employee of such agencies. ICE must submit a report to the congressional foreign affairs and homeland security committees that specifies the overseas posts that have been designated as locations at which ICE agents will receive a danger pay allowance and the justification for each such designation.