[House Report 110-673]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-673
HOUSE OF REPRESENTATIVES
2d Session Part I
======================================================================
MERIDA INITIATIVE TO COMBAT ILLICIT NARCOTICS AND REDUCE ORGANIZED
CRIME AUTHORIZATION ACT OF 2008
_______
May 22, 2008.--Ordered to be printed
_______
Mr. Berman, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 6028]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 6028) to authorize law enforcement and security
assistance, and assistance to enhance the rule of law and
strengthen civilian institutions, for Mexico and the countries
of Central America, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Summary.......................................................... 16
Background and Purpose for the Legislation....................... 16
Hearings......................................................... 18
Committee Consideration.......................................... 19
Votes of the Committee........................................... 19
Committee Oversight Findings..................................... 19
New Budget Authority and Tax Expenditures........................ 19
Congressional Budget Office Cost Estimate........................ 20
Performance Goals and Objectives................................. 22
Constitutional Authority Statement............................... 22
New Advisory Committees.......................................... 22
Congressional Accountability Act................................. 22
Earmark Identification........................................... 22
Section-by-Section Analysis and Discussion....................... 22
Additional Views................................................. 35
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Merida Initiative
to Combat Illicit Narcotics and Reduce Organized Crime Authorization
Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--ASSISTANCE FOR MEXICO
Sec. 101. Findings.
Sec. 102. Declarations of policy.
Subtitle A--Law Enforcement and Security Assistance
Sec. 111. Purposes of assistance.
Sec. 112. Authorization of assistance.
Sec. 113. Activities supported.
Sec. 114. Limitation on assistance.
Sec. 115. Authorization of appropriations.
Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions
Sec. 121. Sense of Congress.
Sec. 122. Authorization of assistance.
Sec. 123. Activities supported.
Sec. 124. Authorization of appropriations.
TITLE II--ASSISTANCE FOR COUNTRIES OF CENTRAL AMERICA
Sec. 201. Findings.
Sec. 202. Declarations of policy.
Subtitle A--Law Enforcement and Security Assistance
Sec. 211. Purposes of assistance.
Sec. 212. Authorization of assistance.
Sec. 213. Activities supported.
Sec. 214. Limitation on assistance.
Sec. 215. Authorization of appropriations.
Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions
Sec. 221. Authorization of assistance.
Sec. 222. Activities supported.
Sec. 223. Authorization of appropriations.
TITLE III--ADMINISTRATIVE PROVISIONS
Sec. 301. Conditions on provision of assistance.
Sec. 302. Limitations on provision of assistance.
Sec. 303. Limitation on monitoring.
Sec. 304. Exemption from prohibition on assistance for law enforcement
forces.
Sec. 305. Relationship to other authority.
Sec. 306. Rule of construction.
TITLE IV--SUPPORT ACTIVITIES IN THE UNITED STATES
Sec. 401. Report on reduction of drug demand in the United States.
Sec. 402. Reduction of southbound flow of illegal weapons.
Sec. 403. Reduction of southbound flow of illegal precursor chemicals
and bulk-cash transfers.
Sec. 404. Report.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Coordinator of United States Government Activities to
Implement the Merida Initiative.
Sec. 502. Metrics and oversight mechanisms.
Sec. 503. Report.
Sec. 504. Sense of Congress.
Sec. 505. Sunset.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Countries of central america.--The term ``countries of
Central America'' means Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama and includes Haiti
and the Dominican Republic.
(3) Merida initiative.--The term ``Merida Initiative''
means the program announced by the United States and Mexico on
October 22, 2007, to fight illicit narcotics trafficking and
criminal organizations throughout the Western Hemisphere.
TITLE I--ASSISTANCE FOR MEXICO
SEC. 101. FINDINGS.
Congress finds the following:
(1) The drug crisis facing the United States remains a
significant national security threat.
(2) The Government Accountability Office (GAO) estimates
that 90 percent of illegal drugs that enter the United States
come through the Mexico-Central America corridor.
(3) The same smuggling routes that are used to bring
illegal narcotics north are utilized to illegally distribute
arms, precursor chemicals, and bulk cash transfers south.
(4) Drug gangs that operate in the United States, Mexico,
and Central America have become sophisticated and vertically-
integrated operations expert at penetrating the United States-
Mexico border.
(5) Narcotics-related activity and expanding cross-border
trafficking is dangerously undermining the security environment
for our neighbors to the South, as well as in the United
States.
(6) Mexico can and has served as a critical ally and
partner in stemming the flow of illegal narcotics into the
United States. Under the leadership of Mexican President Felipe
Calderon, the United States and Mexico have initiated an
approach of joint responsibility to confront the threat of
illicit narcotics trafficking and organized crime in the
Western Hemisphere.
(7) The spread of illicit narcotics through United States
borders and the violence that accompanies it cannot be halted
without a comprehensive interdiction and security strategy
planned and executed jointly with our southern neighbors.
(8) In March 2007, President George W. Bush and Mexican
President Calderon held a summit in the Mexican City of Merida
and agreed that the United States and Mexico must expand
bilateral and regional cooperation to fight violence stemming
from narcotrafficking and regional criminal organizations.
(9) On October 22, 2007, the United States and Mexico
issued a joint statement announcing the Merida Initiative, a
program to fight illicit narcotics trafficking and criminal
organizations throughout the Western Hemisphere.
(10) In the joint statement--
(A) Mexico pledged to ``strengthen its operational
capabilities to more effectively fight drug-traffickers
and organized crime'';
(B) the United States pledged ``to intensify its
efforts to address all aspects of drug trafficking
(including demand-related portions) and continue to
combat trafficking of weapons and bulk currency to
Mexico''; and
(C) both nations pledged to ``augment cooperation,
coordination, and the exchange of information to fight
criminal organizations on both sides of the border''.
(11) A long-term strategy to adequately contain the
northbound and southbound flows of illicit narcotics along the
United States-Mexico border, as well as protect the vast and
free flow of trade, will require the United States to partner
with its southern neighbors in their efforts to build the
capacity of their own law enforcement agencies and enhance the
rule of law, as well as to fortify United States illicit
narcotics reduction efforts.
SEC. 102. DECLARATIONS OF POLICY.
Congress makes the following declarations:
(1) The Merida Initiative is a critical part of a growing
partnership and strategy of cooperation between the United
States and its southern neighbors to confront the illegal flow
of narcotics as well as violence and organized crime that it
has spawned.
(2) The United States needs to ensure the free flow of
trade between the United States and its critical neighbor,
Mexico, while ensuring that the United States border is
protected from illegal smuggling into the United States.
(3) The United States must intensify efforts to stem the
flow of precursor chemicals, bulk cash, and the so-called
``iron-river'' of arms illegally flowing south, as well as
demand-related aspects of the illicit narcotics phenomenon.
(4) The United States should provide its expertise to meet
immediate security needs along the United States-Mexico border,
fight the production and flow of illicit narcotics, and support
Mexico in its efforts to do the same.
(5) The United States should support the Government of
Mexico's work to expand its own law enforcement to
independently conduct successful counternarcotics and organized
crime-related operations.
(6) The Merida Initiative reflects the belief that Mexican
military involvement is required in the short-term to stabilize
the security situation, but that most aspects of this problem
fall into the realm of law enforcement.
(7) In implementing the Merida Initiative, the United
States should work with its southern neighbors to mitigate the
so-called ``balloon effect'' in which successful
counternarcotics efforts shift narcotics-related activities to
other areas.
(8) The United States should coordinate with the Congress
of the Union of Mexico to ensure full partnership on the
programs authorized under this Act.
Subtitle A--Law Enforcement and Security Assistance
SEC. 111. PURPOSES OF ASSISTANCE.
The purposes of assistance under this subtitle are to--
(1) enhance the ability of the Government of Mexico, in
cooperation with the United States, to control illicit
narcotics production, trafficking, drug trafficking
organizations, and organized crime;
(2) help build the capacity of law enforcement forces of
Mexico to control illicit narcotics production, trafficking,
drug trafficking organizations, and organized crime;
(3) aid the support role that the armed forces of Mexico is
providing to law enforcement agencies of Mexico as the security
situation in Mexico is initially stabilized;
(4) protect and secure the United States-Mexico border, and
control illegal activity going south as well as north;
(5) strengthen the bilateral and regional ties of the
United States with Mexico and the countries of Central America
by assuming shared responsibility and offering concrete
assistance in this area of great mutual concern;
(6) strengthen respect for internationally recognized human
rights and the rule of law in efforts to stabilize the security
environment relating to illicit narcotics production and
trafficking and organized crime; and
(7) support the judicial branches of the Government of
Mexico and the countries of Central America, as well as support
anti-corruption efforts in those countries; and
(8) respond to the direct requests of the Government of
Mexico that the United States reduce the demand for illicit
narcotics in the United States, stem the flow of illegal arms
into Mexico from the United States, stem the flow of illegal
bulk-cash transfers into Mexico from the United States, and
stem the flow of illegal precursor chemicals into Mexico from
the United States.
SEC. 112. AUTHORIZATION OF ASSISTANCE.
To carry out the purposes of section 111, the President is
authorized to provide assistance for Mexico to support the activities
described in section 113.
SEC. 113. ACTIVITIES SUPPORTED.
(a) In General.--Activities that may be supported by assistance
under section 112 include the following:
(1) Counternarcotics and countertrafficking.--To assist in
building the capacity of law enforcement and security forces of
Mexico to eradicate illicit narcotics trafficking and reduce
trafficking-fueled violence, including along the United States-
Mexico border, including assistance such as--
(A) radar and aerial surveillance equipment;
(B) land and maritime interdiction equipment and
training, including--
(i) transport helicopters and night-
operating capabilities;
(ii) surveillance platform planes; and
(iii) maintenance and training relating to
maintenance of aircraft; and
(C) training of security and law enforcement units
to plan and execute counternarcotics operations.
(2) Port, airport, and related security.--To assist in
monitoring and controlling the United States-Mexico border and
the border between Mexico and Central America to combat illicit
narcotics trafficking, including assistance such as--
(A) computer infrastructure and equipment;
(B) secure communications networks; and
(C) nonintrusive monitoring technology.
(3) Operational technology.--
(A) Assistance objectives.--To assist in
investigation and collection of intelligence against
illicit drug trafficking organizations, including--
(i) expansion of intelligence databases;
and
(ii) hardware, operating systems, and
training for updating the communications
networks of security agencies.
(B) Sense of congress.--It is the sense of Congress
that--
(i) operational technology transferred to
the Government of Mexico for intelligence or
law enforcement purposes should be used solely
for the purposes for which the operational
technology was intended; and
(ii) the Government of Mexico should take
all necessary steps to ensure that use of
operational technology described in clause (i)
is consistent with United States and Mexican
law, including protections of freedom of
expression, freedom of movement, freedom of
association, and full respect of privacy
rights.
(4) Public security and law enforcement.--To assist in the
modernization of law enforcement entities and prevent crime,
including assistance and activities such as--
(A) law enforcement training and equipment,
including--
(i) transport helicopters;
(ii) surveillance aircraft, including
Cessna Caravan light utility aircraft;
(iii) nonintrusive inspection equipment;
and
(iv) human rights training for law
enforcement units;
(B) enhancement of the Government of Mexico's
financial intelligence unit;
(C) safety-related equipment for law enforcement
officers and prosecutors, including protective vests
and helmet sets;
(D) reduction of drug demand in Mexico, including
activities such as--
(i) assistance to the National Council
Against Addictions (CONADIC) to establish an
Internet web-based support network;
(ii) establishment of a national data
center to support the CONADIC; and
(iii) training of CONADIC and other agency
staff in best practices and outreach and
treatment programs, and design of a methodology
to implement best practices in conjunction with
the National Network for Technological
Transfers in Addiction.
(b) Provision of Helicopters.--Funds made available to carry out
this subtitle to provide helicopters to the Government of Mexico,
shall, to the extent possible, be used to procure or provide
helicopters that are of a similar manufacture to those helicopters
already in the possession of the Government of Mexico in order to
facilitate integration of those assets into Mexico's existing air
fleet.
(c) Sense of Congress.--It is the sense of Congress that the United
States shall ensure, to the extent possible, that assistance under this
subtitle is made available and cross-utilized by the armed forces of
Mexico and relevant law enforcement agencies of the Government of
Mexico, including the Mexican Office of the Attorney General.
SEC. 114. LIMITATION ON ASSISTANCE.
(a) Limitation.--No assistance may be provided under this subtitle
to any unit of the armed forces of Mexico or any unit of the law
enforcement agencies of Mexico if the Secretary of State determines
that, consistent with section 620J of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d), there is credible evidence that such unit has
committed gross violations of human rights.
(b) Exception.--The limitation in subsection (a) shall not apply if
the Secretary of State determines and reports to the appropriate
congressional committees that the Government of Mexico is taking
effective measures to bring the responsible members of the unit of the
armed forces or law enforcement agencies, as the case may be, to
justice.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this subtitle, there are authorized
to be appropriated to the President $350,000,000 for fiscal year 2008,
$390,000,000 for fiscal year 2009, and $40,000,000 for fiscal year
2010.
(b) Limitation.--
(1) In general.--Of the amounts appropriated pursuant to
the authorization of appropriations under subsection (a)--
(A) not more than $205,000,000 may be provided as
assistance for the armed forces of Mexico for 2008;
(B) not more than $120,000,000 may be provided as
assistance for the armed forces of Mexico for 2009; and
(C) not more than $9,000,000 may be provided as
assistance for the armed forces of Mexico for 2010.
(2) Additional limitation.--None of the funds appropriated
pursuant to the authorization of appropriations under
subsection (a) for fiscal year 2009 may be provided as
assistance for the Mexican Secretariat of Public Security until
the President determines that the Mexican National Registry of
Police Personnel (Registro Nacional de Personal Policial) is
operational at the federal, state, and local levels.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapter 8 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).
Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions
SEC. 121. SENSE OF CONGRESS.
It is the sense of Congress that, as a critical part of a joint,
comprehensive security, counternarcotics, and organized crime
initiative, the United States should support--
(1) programs of the United States Agency for International
Development and other United States agencies focused on
strengthening civilian institutions and rule of law programs in
Mexico at the federal, state, and local levels; and
(2) anti-corruption, transparency, and human rights
programs to ensure due process and expand a culture of
lawfulness in Mexico.
SEC. 122. AUTHORIZATION OF ASSISTANCE.
The President is authorized to provide assistance for Mexico to
support the activities described in section 123.
SEC. 123. ACTIVITIES SUPPORTED.
Activities that may be supported by assistance under section 122
include the following:
(1) Institution building and rule of law.--To assist
Mexico's efforts to expand the rule of law and build the
capacity, transparency, and trust in government institutions,
including assistance such as--
(A) rule of law and systemic improvements in
judicial and criminal justice sector institutions,
including--
(i) courts management and prosecutorial
capacity building;
(ii) prison reform activities, including
those relating to anti-gang and anti-organized
crime efforts;
(iii) anti-money laundering programs;
(iv) victim and witness protection and
restitution; and
(v) promotion of transparent oral trials
via training for the judicial sector;
(B) police professionalization, including--
(i) training regarding use of force;
(ii) human rights education and training;
(iii) training regarding evidence
preservation and chain of custody; and
(iv) enhanced capacity to vet candidates;
(C) support for the Mexican Office of the Attorney
General, including--
(i) judicial processes improvement and
coordination;
(ii) enhancement of forensics capabilities;
(iii) data collection and analyses;
(iv) case tracking and management;
(v) financial intelligence functions; and
(vi) maintenance of data systems.
(2) Anti-corruption, transparency, and human rights.--To
assist law enforcement and court institutions in Mexico to
develop mechanisms to ensure due process and proper oversight
and to respond to citizen complaints, including assistance such
as--
(A) enhancement of polygraph capability in the
Mexican Police agency (SSP);
(B) support for greater transparency and
accountability in the Mexican legal system, including--
(i) establishment of a center in the
Mexican Office of the Attorney General for
receipt of citizen complaints;
(ii) establishment of clerk of the court
system to track cases and pretrial detentions;
(iii) reorganization of human and financial
resources systems; and
(iv) equipping and training of criminal
investigators; and
(C) promotion of human rights, including--
(i) support for human rights organizations,
bar associations, and law schools; and
(ii) training for police, prosecutors, and
corrections officers.
(3) Prevention.--To assist in the prevention of individuals
from participating in illicit narcotics-related violent
activities, such as--
(A) establishment of programs that address domestic
violence and increase school attendance rates; and
(B) expansion of intervention programs, including
after-school programs and programs for at-risk and
criminal involved youth.
(4) Development.--To assist in the development of areas
where lack of jobs breeds illicit narcotics-related violence,
including--
(A) expansion of alternative livelihood programs,
including job creation programs and rural development
programs and the provision of microenterprise
development assistance under title VI of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2211 et seq.); and
(B) establishment of gang reeducation and training
programs.
SEC. 124. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this subtitle, there are authorized
to be appropriated to the President $120,000,000 for fiscal year 2008,
$100,000,000 for fiscal year 2009, and $110,000,000 for fiscal year
2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapter 8 of part I
of the Foreign Assistance Act of 1961.
TITLE II--ASSISTANCE FOR COUNTRIES OF CENTRAL AMERICA
SEC. 201. FINDINGS.
Congress finds the following:
(1) A May 2007 report by the United Nations Office on Drugs
and Crime (UNODC) argues that countries of Central America are
particularly vulnerable to violent crimes fueled by illicit
narcotics trafficking and corruption because such countries are
geographically located between the world's largest drug
producing and drug consuming countries.
(2) According to Assistant Secretary of State for Western
Hemisphere Affairs Thomas Shannon, ``[T]he nations of Central
America have committed to collective action to address these
common security concerns. Through the Central American
Integration System (SICA), the governments have expressed the
political resolve to join forces to strengthen regional
security; however they lack sufficient tools and capacity to
execute such will.''.
(3) Crime and violence in Central America has increased in
recent years.
(4) In 2005, the estimated murder rate per 100,000 people
was roughly 56 in El Salvador, 41 in Honduras, and 38 in
Guatemala.
(5) Youth gang violence has been one of the major factors
contributing to increased violence in Central America, with the
United States Southern Command estimating that there are 70,000
gang members in Central America.
(6) Many Central American youth gangs are transnational and
negatively impact both Central America and the United States.
(7) Youth gang violence cannot be curbed only through
enforcement, but must also include a substantial investment in
prevention, rehabilitation, and reintegration.
(8) Deportees sent from the United States back to Central
America, while not a central cause of crime and violence, can
contribute to crime and violence in Central America.
(9) Guatemala has experienced a surge in murders of women
in recent years, many of which have been committed by illicit
narcotics traffickers and other organized criminals.
(10) Violence between partners, particularly violence by
men against their wives or girlfriends, is widespread in
Central America, and an international violence against women
survey comparing selected countries in Africa, Latin America,
Europe, and Asia found that 60 percent of women in Costa Rica--
often considered the least violent country in Central America--
reported having experienced domestic violence during their
lives.
(11) Weak justice systems in the countries of Central
America have led to a high level of impunity in Central
America.
(12) The United Nations International Commission against
Impunity in Guatemala (CICIG) was recently created to begin to
address impunity related to illegally armed groups in
Guatemala.
(13) The United States and the Central American Integration
System (SICA) signed an agreement in July 2007 to improve
intelligence sharing and policing and to institutionalize
dialogue on regional security.
SEC. 202. DECLARATIONS OF POLICY.
Congress makes the following declarations:
(1) A long-term United States strategy to curb illicit
narcotics trafficking must include Central America, which is
the corridor for 90 percent of the cocaine that transits from
South America to the United States.
(2) It is in the interest of the United States to support a
long-term commitment to assisting the countries of Central
America to improve security by combating illicit narcotics
trafficking, investing in prevention programs, increasing
intelligence sharing, improving regional security coordination,
improving border and customs capabilities, professionalizing
police, justice, and other government officials, and funding
programs to reintegrate deportees from the United States.
(3) The countries of Central America are committed to
combating illicit narcotics trafficking and its related
violence and crime, including gang violence, and the United
States must seize the opportunity to work in partnership with
Central America.
Subtitle A--Law Enforcement and Security Assistance
SEC. 211. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this subtitle are to--
(1) enhance the ability of governments of countries of
Central America to control illicit narcotics production,
trafficking, illicit drug trafficking organizations, and
organized crime;
(2) help build the capacity of law enforcement agencies of
the countries of Central America to control illicit narcotics
production, trafficking, illicit drug trafficking
organizations, and organized crime;
(3) strengthen the bilateral ties of the United States with
the countries of Central America by offering concrete
assistance in this area of great mutual concern;
(4) strengthen respect for internationally recognized human
rights and the rule of law in efforts to stabilize the security
environment relating to illicit narcotics production and
trafficking and organized crime; and
(5) support the judicial branch of governments of the
countries of Central America, as well as to support anti-
corruption efforts in such countries.
SEC. 212. AUTHORIZATION OF ASSISTANCE.
To carry out the purposes of section 211, the President is
authorized to provide assistance for the countries of Central America
to support the activities described in section 213.
SEC. 213. ACTIVITIES SUPPORTED.
Activities that may be supported by assistance under section 212
include the following:
(1) Counternarcotics, countertrafficking, and related
security.--
(A) Assistance objectives.--To assist in the
following:
(i) Investigation and collection of
intelligence against illicit narcotics
trafficking.
(ii) Combating illegal trafficking in arms.
(iii) Prevention of bulk currency
smuggling.
(iv) Collection of information on crime and
establishment of a regional database.
(B) Assistance.--Activities under subparagraph (A)
may include--
(i) automated fingerprint identification
systems (AFIS);
(ii) vetting sensitive investigative units
to collaborate on counternarcotics at the
federal, state, and local levels;
(iii) technical assistance to develop
strong and effective financial crimes
investigation units;
(iv) maritime security support, including
refurbishing and procuring patrol boats;
(v) firearms interdiction training; and
(vi) illicit narcotics demand reduction
programs.
(2) Public security and law enforcement.--To assist in
building the capacity of the police in countries of Central
America, supporting efforts to combat transnational gangs,
investing in gang prevention and rehabilitation programs, and
programs for the reintegration of deportees, including
assistance such as--
(A) funding to continue the United States-Central
American Integration System (SICA) Dialogue;
(B) youth gang prevention activities, including
targeted education for at-risk youth, vocational
training and funding of community centers in areas with
high youth gang violence rates and other risk factors;
(C) programs to reintegrate deportees from the
United States back into the societies of their home
countries to avoid further criminal activity;
(D) transnational anti-gang initiatives;
(E) police professionalization, including--
(i) training regarding use of force;
(ii) human rights education and training;
(iii) training regarding evidence
preservation and chain of custody; and
(iv) enhanced capacity to vet candidates;
(F) utilization of the International Law
Enforcement Academy (ILEA) in El Salvador consistent
with traditional respect for human rights and
professional police practices;
(G) police training programs of the Organization of
American States (OAS );
(H) police equipment, including communications
equipment; and
(I) anti-domestic violence education programs and
women's shelters.
SEC. 214. LIMITATION ON ASSISTANCE.
(a) Limitation.--No assistance may be provided under this subtitle
to any unit of the armed forces of a country of Central America or any
unit of the law enforcement agencies of a country of Central America if
the Secretary of State determines that, consistent with section 620J of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), there is credible
evidence that such unit has committed gross violations of human rights.
(b) Exception.--The limitation in subsection (a) shall not apply if
the Secretary of State determines and reports to the appropriate
congressional committees that the government of the relevant country of
Central America is taking effective measures to bring the responsible
members of the unit of the armed forces or law enforcement agencies, as
the case may be, to justice.
SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this subtitle, there are authorized
to be appropriated to the President $60,000,000 for fiscal year 2008,
$80,000,000 for fiscal year 2009, and $80,000,000 for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds under chapters 2 and 8 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2166 and 2291 et
seq.).
(c) Limitation.--Of the amounts appropriated pursuant to the
authorization of appropriations under subsection (a) for any fiscal
year, at least $15,000,000 should be made available to carry out
section 213(2)(B).
Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions
SEC. 221. AUTHORIZATION OF ASSISTANCE.
The President is authorized to provide assistance for the
countries of Central America to support the activities described in
section 222.
SEC. 222. ACTIVITIES SUPPORTED.
Activities that may be supported by assistance under section 221
include assistance in building the capacity, transparency, and trust in
the justice system of the countries of Central America and reducing
high impunity rates in the countries of Central America, including
assistance such as--
(1) improved police academies and entry level training on
crime investigations;
(2) courts management and prosecutor capacity building;
(3) witness and victim protection programs, including in
Guatemala in coordination with the United Nations International
Commission Against Impunity in Guatemala (CICIG);
(4) programs to enhance transparency in the procedures to
designate and remove personnel in the recipient country's
judicial system;
(5) prosecutor and judge protection programs, including in
Guatemala and in coordination with the CICIG;
(6) short-term assignment of United States Government
personnel to the CICIG to provide technical assistance for
criminal investigations, specifically but not limited to
investigations involving money laundering so long as this
assignment does not negatively impact United States domestic
operations;
(7) regional juvenile justice reform;
(8) prison management;
(9) programs to rehabilitate gang members released from
prison, including job training; and
(10) community policing, including human rights and use of
force training for community policing projects.
SEC. 223. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title, there are authorized to
be appropriated to the President $40,000,000 for fiscal year 2008,
$50,000,000 for fiscal year 2009, and $95,000,000 for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapters 2 and 8 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2166
and 2291 et seq.).
TITLE III--ADMINISTRATIVE PROVISIONS
SEC. 301. CONDITIONS ON PROVISION OF ASSISTANCE.
(a) In General.--The President may not provide assistance under
title I or II to a foreign country for a fiscal year until the end of a
15-day period beginning on the date on which the President transmits to
the appropriate congressional committees a determination that the
requirements described in subsection (b) have been met with respect to
the government of such foreign country for such fiscal year.
(b) Required Determination.--The requirements referred to in
subsection (a) are the following:
(1) The provision of assistance will not adversely affect
the human rights situation in the foreign country.
(2) Vetting procedures are in place to ensure that members
and units of the armed forces and law enforcement agencies of
the foreign country that may receive assistance under title I
or II have not been involved in human rights violations.
(3) The civilian authority in the foreign country is
investigating and prosecuting any member of any government
agency or entity receiving assistance under title I or II who
has been credibly alleged to have committed human rights
violations on or after the date of the enactment of this Act.
(4) Equipment and material provided as support is being
used only by officials and employees of the government of the
foreign country who have been approved by such government to
perform counternarcotics activities, including on the basis of
the background investigations by such government.
(5) The government of the foreign country has cooperated
with the Secretary of State to ensure that--
(A) the equipment and material provided as support
will be used only by the officials and employees
referred to in paragraph (4);
(B) none of the equipment or material will be
transferred (by sale, gift, or otherwise) to any person
or entity not authorized by the United States to
receive the equipment or material; and
(C) the equipment and material will, to the extent
possible, be used for the purposes intended by the
United States Government and will be utilized by those
agencies for which such assistance is intended.
(6) The government of the foreign country has implemented,
in consultation with the Secretary of State, a system that will
provide an accounting and inventory of the equipment and
material provided as support.
(7) The government of the foreign country will, along with
United States personnel, conduct periodic observation and
review of the use of the equipment and material provided as
support under terms and conditions similar to the terms and
conditions imposed with respect to such observation and review
under section 505(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2314(a)(3)).
(8) To the extent the foreign country has received
equipment in the past, it has utilized the equipment properly
and in a manner that warrants additional provision of equipment
or assistance.
SEC. 302. LIMITATIONS ON PROVISION OF ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) activities undertaken under titles I and II of this Act
should be performed wherever possible by official employees,
personnel, or officers of the federal, state, or local
government of the recipient foreign country; and
(2) the United States should limit, to the maximum extent
possible, the number of United States civilians and foreign
nationals retained as contractors in a recipient country.
(b) Limitations.--Except as provided in subsection (c)--
(1) none of the funds made available to carry out title I
may be available for the employment of any United States
individual civilian retained as a contractor in Mexico or any
foreign national retained as a contractor if that employment
would cause the total number of individual civilian contractors
employed in Mexico in support of the Merida Initiative who are
funded by United States funds to exceed 50;
(2) none of the funds made available to carry out title II
may be available for the employment of any United States
individual civilian retained as a contractor in a country of
Central America or any foreign national retained as a
contractor if that employment would cause the total number of
individual civilian contractors employed in all countries of
Central America in support of the Merida Initiative who are
funded by United States funds to exceed 100; and
(3) none of the funds made available under this Act shall
be made available for budget support or cash payments.
(c) Exception.--The limitations contained in subsection (b) shall
not apply if the President determines that it is in the national
interest of the United States that such limitations shall not apply and
transmits to the appropriate congressional committees a notification
thereof.
SEC. 303. LIMITATION ON MONITORING.
Beginning on October 1, 2009, no surveillance-related equipment may
be transferred under this Act to any entity of Mexico or a country of
Central America unless the President determines that the recipient
country has cooperated with the United States to ensure that such
equipment will be used principally for the purposes for which it is
provided.
SEC. 304. EXEMPTION FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT
FORCES.
Notwithstanding section 660 of the Foreign Assistance Act of 1961
(22 U.S.C. 2420; relating to the prohibition on assistance to foreign
law enforcement forces), the President may provide assistance under
title I or II if, at least 15 days before providing the assistance, the
President notifies the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate,
in accordance with the procedures applicable to reprogramming
notifications pursuant to section 634A of the Foreign Assistance Act
(22 U.S.C. 2394-1), that (1) it is in the national interest to provide
such assistance, and (2) the recipient country is making significant
progress to eliminating any human rights violations.
SEC. 305. RELATIONSHIP TO OTHER AUTHORITY.
(a) Assistance Under Title I.--The authority to provide assistance
under title I is in addition to any other authority to provide
assistance for Mexico.
(b) Assistance Under Title II.--The authority to provide assistance
under title I is in addition to any other authority to provide
assistance for the countries of Central America.
SEC. 306. RULE OF CONSTRUCTION.
Nothing in title I or II shall be construed to alter, modify, or
otherwise affect the provisions of the Arms Export Control Act (22
U.S.C. 2751 et seq.) unless otherwise specified in this Act.
TITLE IV--SUPPORT ACTIVITIES IN THE UNITED STATES
SEC. 401. REPORT ON REDUCTION OF DRUG DEMAND IN THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) supply-side drug reduction strategies when executed
alone are not an effective way to fight the phenomenon of
illegal narcotics;
(2) the Government of Mexico has identified reduction of
United States drug demand as among the most important
contributions the United States can make to a joint strategy to
combat illicit narcotics trafficking; and
(3) the United States pledged in the United States-Mexico
October 2007 Joint Statement on the Merida Initiative, to
``intensify its efforts to address all aspects of drug
trafficking (including demand related portions)'' here in the
United States.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the appropriate
congressional committees a report on the measures taken to intensify
United States efforts to address United States demand-related aspects
of the drug-trafficking phenomenon in accordance with the Joint
Statement on the Merida Initiative announced by the United States and
Mexico on October 22, 2007.
SEC. 402. REDUCTION OF SOUTHBOUND FLOW OF ILLEGAL WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) much of the increased violence in Mexico is perpetrated
using firearms and ammunition smuggled illegally from the
United States into Mexico;
(2) the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) has told Congress of an ``iron river of guns'' with
thousands of weapons per week illegally crossing into Mexico
from the United States;
(3) more than 90 percent of the guns confiscated yearly in
Mexico originate in the United States and approximately 40
percent of the total trafficked weapons are linked to drug
trafficking organizations;
(4) along the 2,000 mile border from Brownsville, Texas, to
San Diego, California, there are 6,700 licensed gun sellers,
but only 100 Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) special agents to investigate allegations of
weapons trafficking and only 35 inspectors to ensure compliance
with United States laws;
(5) on January 16, 2008, ATF announced that it will add 25
special agents and 15 inspectors to their Project Gunrunner
along the Southwest Border. And, the ATF budget request for
fiscal year 2009 includes funding for another 12 inspectors;
and
(6) an effective strategy to combat these illegal arms
flows is a critical part of a United States contribution to a
jointly executed anti-narcotics strategy with Mexico.
(b) Project Gunrunner Initiative.--
(1) In general.--The Attorney General shall dedicate and
expand the resources provided for the Project Gunrunner
initiative (hereafter in this subsection referred to as the
``initiative'') of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives to identify, investigate, and prosecute
individuals involved in the trafficking of firearms across the
United States-Mexico border.
(2) Activities.--In carrying out this subsection, the
Attorney General shall--
(A) assign additional agents of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to the area
of the United States adjacent to the United States-
Mexico border to support the expansion of the
initiative;
(B) establish not fewer than 1 initiative team in
each State along the United States-Mexico border; and
(C) coordinate with the heads of other relevant
federal law enforcement agencies and State and local
law enforcement agencies to address firearms
trafficking in a comprehensive manner.
(3) Additional staff.--The Attorney General may hire
additional persons to be Bureau of Alcohol, Tobacco, Firearms,
and Explosives agents for, and may use such other resources as
may be necessary to adequately support, the initiative.
(4) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Attorney General $15,000,000 for each of the fiscal years 2008
through 2010.
(c) Enhanced International Cooperation.--
(1) In general.--The Attorney General, in cooperation with
the Secretary of State, shall--
(A) assign agents of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to the United States
mission in Mexico, specifically in areas adjacent to
the United States-Mexico border, to work with Mexican
law enforcement agencies in conducting investigations
relating to firearms trafficking and other criminal
enterprises;
(B) provide the equipment and technological
resources necessary to support investigations and to
trace firearms recovered in Mexico; and
(C) support the training of vetted Mexican law
enforcement officers in serial number restoration
techniques and canine explosive detection.
(2) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Attorney General $9,500,000 for each of the fiscal years 2008
through 2010.
SEC. 403. REDUCTION OF SOUTHBOUND FLOW OF ILLEGAL PRECURSOR CHEMICALS
AND BULK-CASH TRANSFERS.
It is the sense of Congress that--
(1) a significant quantity of precursor chemicals used in
the production of illegal narcotics flows south from the United
States to Mexico;
(2) the Government of Mexico has identified reduction of
southbound flows from the United States of precursor chemicals
and bulk-cash transfers as a critical component of its anti-
narcotics strategy; and
(3) an effective strategy to combat these illegal flows is
a critical part of a United States contribution to a jointly
executed anti-narcotics strategy with Mexico.
SEC. 404. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to the appropriate congressional
committees a report on the measures taken to combat the southbound flow
of illegal precursor chemicals and bulk cash transfers into Mexico.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES TO
IMPLEMENT THE MERIDA INITIATIVE.
(a) Declaration of Policy.--Congress declares that the Merida
Initiative is a Department of State-led initiative which combines
programs of numerous United States Government departments and agencies
and therefore requires a single coordinator to manage and track all
Merida-related efforts government-wide to ensure accountability and
avoid duplication.
(b) Designation of High-Level Coordinator.--
(1) In general.--The President shall designate, within the
Department of State, a Coordinator of United States Government
Activities to Implement the Merida Initiative (hereafter in
this section referred to as the ``Coordinator'') who shall be
responsible for--
(A) designing an overall strategy to advance the
purposes of this Act;
(B) ensuring program and policy coordination among
agencies of the United States Government in carrying
out the policies set forth in this Act;
(C) ensuring that efforts of the United States
Government under this Act are in full consonance with
the efforts of the Government of Mexico and the
governments of Central America in implementing the
Merida Initiative;
(D) tracking all United States Government
assistance which fulfills the goals of the Merida
Initiative or is closely related to the goals of the
Merida Initiative, including information required under
section 620J of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) with respect to Mexico and the countries
of Central America;
(E) coordinating among agencies of the United
States Government on all United States assistance to
Mexico and the countries of Central America, including
assistance from other relevant government agencies,
which fulfills the goals of the Merida Initiative to
avoid duplication or conflict among programs; and
(F) coordinating with federal, State, and local law
enforcement authorities in the United States that are
responsible for law enforcement activities along the
United States-Mexico border.
(2) Rank and status of the coordinator.--The Coordinator
shall have the rank and status of ambassador.
SEC. 502. METRICS AND OVERSIGHT MECHANISMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) to successfully support building the capacity of
recipient countries' civilian security institutions, enhance
the rule of law in recipient countries, and ensure the
protection of human rights, the President should establish
metrics and oversight mechanisms to track the effectiveness of
activities undertaken pursuant to this Act;
(2) long-term solutions to Mexico and Central America's
security problems depend on strengthening and holding
accountable civilian institutions;
(3) it is difficult to assess the impact of United States
assistance towards these goals absent specific oversight and
monitoring mechanisms; and
(4) the President, in developing metrics, should consult
with Congress as well as the Government of Mexico and the
Central American Integration System (SICA).
(b) Requirement.--The President shall develop metrics to identify,
track, and manage the progress of activities authorized pursuant to
this Act and use these metrics to determine the allocation of resources
for counternarcotics- and organized crime-related efforts.
(c) Initial Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a report that specifies
metrics of achievement for each activity to be undertaken under
this Act.
(2) Contents of report.--The report shall be divided into
two sections, the first addressing those activities undertaken
pursuant to subtitle A of title I and subtitle A of title II,
and the second addressing those activities undertaken pursuant
to subtitle B of title I and subtitle B of title II. Metrics
may include the following:
(A) Indicators on long-term effectiveness of the
equipment and training provided to Mexican and Central
American security institutions.
(B) Statistics of counter narcotics-related
arrests.
(C) Number of interdictions of drug shipments.
(D) Specific progress on police reform.
(E) Counternarcotics-related arrests.
(F) Quantification of reduction of supply of
illicit narcotics into the United States.
(G) Cross-utilization, if any, of equipment among
the armed forces and law enforcement entities.
(H) Increased school attendance rates.
(I) Attendance in primary prevention programs
(J) The level of cooperation among United States,
Mexican, and Central American law enforcement agencies.
SEC. 503. REPORT.
(a) In General.--The President shall transmit to the appropriate
congressional committees a report concerning the programs and
activities carried out under this Act during the preceding fiscal year.
The first report shall be transmitted not later than 180 days after the
date of the enactment of this Act and subsequent reports shall be
transmitted not later than October 31 of each year thereafter.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) Metrics.--A general description of the progress in
stabilizing the security situation in each recipient country as
well as combating trafficking and building its capacity based
on the metrics developed under section 502.
(2) Coordination.--Efforts of the United States Government
to coordinate its activities pursuant to section 501,
including--
(A) a description of all counternarcotics and
organized crime assistance provided to recipient
countries in the previous fiscal year;
(B) an assessment of how such assistance was
coordinated; and
(C) recommendations for improving coordination.
(3) Transfer of equipment.--A description of the transfer
of equipment, including--
(A) a description of the progress of each recipient
country toward the transfer of equipment, if any, from
its armed forces to law enforcement agencies;
(B) a list of organizations that have used the air
assets provided to the government of each recipient
country, and, to the extent possible, a detailed
description of those agencies that have utilized the
air assets, including a breakdown of the percentage of
use by each agency; and
(C) a description of training of law enforcement
agencies to operate equipment, including air assets.
(4) Human rights.--Consistent with sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)) and section 504 of the Trade Act of 1974
(19 U.S.C. 2464), an assessment of the human rights impact of
the equipment and training provided under this Act, including--
(A) a list of accusations of serious human rights
abuses committed by the armed forces and law
enforcement agencies of recipient countries from the
date of enactment of this Act; and
(B) a description of efforts by the government of
recipient countries to investigate and prosecute
allegations of abuses of human rights committed by any
agency of the recipient countries.
(5) Effectiveness of equipment.--An assessment on the long-
term effectiveness of the equipment and maintenance packages
and training provided to each recipient country's security
institutions.
(6) Mexico public security strategy.--A description of
Mexico's development of a public security strategy, including--
(A) an update on the effectiveness of the Mexican
federal Registry of Police Personnel to vet police
recruiting at the National, state, and municipal levels
to prevent rehiring from one force to the next after
dismissal for corruption and other reasons; and
(B) an assessment of how the Merida Initiative
complements and supports the Mexican Government's own
public security strategy.
(7) Flow of illegal arms.--A description of efforts to
reduce the southbound flow of illegal arms.
(8) Use of contractors.--A detailed description of
contracts awarded to private companies to carry out provisions
of this Act, including--
(A) a description of the number of United States
and foreign national civilian contractors awarded
contracts;
(B) a list of the total dollar value of the
contracts; and
(C) the purposes of the contracts.
(9) Central american regional security plan.--A description
of implementation by the countries of Central America of the
Central American Regional Security Plan, including an
assessment of how the Merida Initiative complements and
supports the Central American Regional Security Plan.
(10) Phase out of law enforcement activities.--A
description of the progress of phasing out law enforcement
activities of the armed forces of each recipient country.
(11) Displacement and diversion of drug trafficking
patterns.--A description of any displacement effect and
diversion of drug trafficking patterns from Mexico and the
countries of Central America to other routes, including through
potentially vulnerable Caribbean countries.
(12) Impact on border violence and security.--A description
of the impact that activities authorized under this Act have
had on violence against United States and Mexican border
personnel and the extent to which these activities have
increased the protection and security of the United States-
Mexico border.
SEC. 504. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government requires an effective
public diplomacy strategy to explain the purposes of the Merida
Initiative; and
(2) to the extent practicable, the Secretary of State, in
coordination with other relevant heads of agencies, shall
design and implement a public diplomacy campaign regionally
regarding the Merida Initiative.
SEC. 505. SUNSET.
The authority of this Act shall expire after September 30, 2010.
Summary
H.R. 6028, the Merida Initiative to Combat Illicit
Narcotics and Reduce Organized Crime Authorization Act of 2008
(the ``Act''), provides nearly $1.6 billion over 3 years for
the purposes of stopping illicit narcotics-related violence and
crime in Mexico and Central America (as defined by this Act);
modernizing the law enforcement agencies of recipient
countries; and enhancing institution-building and rule of law
in recipient countries. The Act concentrates considerable
funding in the fragile Central American region. It contains
significant human rights safeguards as well as end-use
monitoring provisions for the equipment and training provided.
It does not provide cash payments or budget support of any
kind. It calls on the President to devise metrics up front to
measure the success of the Act, and subsequently to regularly
report on them to the Congress. It bolsters the U.S.'s efforts
in stemming the illegal flow of arms going south by
significantly expanding the ``Project Gunrunner'' at the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF). Finally, it
requires that the President, within the Department of State,
designate a coordinator for the Act in order to harmonize both
responsibility and accountability for its wide-ranging
programs.
Background and Purpose for the Legislation
This bill authorizes assistance to Mexico and the countries
of Central America in the areas of: counter-narcotics; the
fight against organized crime and youth gang violence; law
enforcement modernization; and institution-building and rule of
law support. It provides, as well, a framework for delivery and
strict accountability of that assistance.
The drug crisis facing the United States remains a top
national security threat, with 90% of illegal drugs that enter
the United States transiting the Mexico-Central America
corridor. Drug cartels that operate in the United States,
Mexico, and Central America are dangerously undermining the
security environment for our neighbors to the south, and the
spillover into our territory is palpable and real. In 2007,
President George W. Bush and Mexican President Felipe Calderon
met in the city of Merida, Mexico, and President Bush later
sent to the Congress a proposal to confront this scourge. That
proposal is largely reflected in this legislation.
Our neighbors to the south have stepped up their fight
against organized drug trafficking organizations, and have paid
a high price for it. In Mexico alone, drug cartels have been
blamed for 6,000 deaths in the last 2\1/2\ years of this
battle. On Thursday May 8, 2008, the Chief of Mexico's Federal
police was shot nine times--the tenth assassination of a
Mexican Federal police official in the past 2 months. This
legislation represents U.S. implementation of a partnership
with Mexico and Central America to face the immediate security
threat of drug cartels and youth gang violence, help build the
capacity of our neighbors' law enforcement agencies, and
enhance the rule of law in the region.
The Act recognizes that responsibility for the drug problem
is shared, and that we have arrived at a critical moment of
opportunity to execute such a comprehensive, joint action plan.
It reflects, as well, the need to reduce violence along the
U.S.-Mexico border, and control illegal activity going south as
well as north, especially the so-called ``iron-river'' of arms
illegally flowing south. Specifically, with respect to Mexico,
it acknowledges that the armed forces have been called upon in
the short-term to stabilize the security situation, but that
this problem falls into the realm of law enforcement, and our
focus should be to help build that capacity. Finally, the
entire Act is underpinned by the belief that the long-term
solution to overcoming illicit drug trafficking and organized
crime lies in strengthening the rule of law and those
institutions charged with upholding it.
In broad strokes, the purpose of the legislation is to:
LEnhance the ability of the government of the
recipient countries to control the violence and
corruption associated with illicit narcotics
production, trafficking, drug trafficking organizations
and organized crime--in particular by working with law
enforcement agencies to help build the capacity to
control illicit narcotics production, trafficking, drug
trafficking organizations and organized crime;
LReduce violence along the U.S.-Mexico border
and control illegal activity going south as well as
north;
LStrengthen the bilateral ties of the United
States with the recipient countries by offering
concrete assistance in this area of great mutual
concern;
LStrengthen respect for internationally-
recognized human rights and the rule of law as part of
efforts to stabilize the security environment relating
to illicit narcotics production and trafficking and
organized crime; and
LRespond to the direct requests of the
Government of Mexico that the U.S. reduce the demand
for drugs in the United States; stem the flow of
illegal arms into Mexico from the U.S.; stem the flow
of illegal bulk-cash transfers into Mexico from the
U.S.; and stem the flow of illegal precursor chemicals
into Mexico from the U.S.
Generally, the purposes of the legislation apply in equal
measure to Mexico and the countries of Central America. The
latter countries, however, have somewhat different requirements
than Mexico, and the Act recognizes and targets those needs.
The legislation reflects that it is in the interest of the
United States to support a long-term commitment to assist
Central America in improving security, particularly through the
use of the police forces rather than the armed forces. Ninety
percent of the cocaine that flows from the Andean region to the
United States travels through the Central American corridor. A
commitment to Central America should include activities to
combat drug trafficking, invest in prevention programs,
increase intelligence sharing, improve regional security
coordination and border and customs capabilities,
professionalize police, justice and other government officials,
and fund programs to reintegrate deportees from the United
States. As such, the Act provides considerable funding for
Central America.
Crime and violence in Central America has increased in
recent years. In 2005, the estimated murder rate per 100,000
people was roughly 56 in El Salvador, 41 in Honduras and 38 in
Guatemala. Youth gang violence in particular has been one of
the major factors contributing to increased violence in Central
America, with the U.S. Southern Command estimating that there
are 70,000 gang members in Central America. An important
element of the gang phenomenon in Central America is that some
youth gangs operating there are transnational and negatively
impact both Central America and the United States. Youth gang
violence cannot be curbed only through enforcement, but must
also include a substantial investment in prevention,
rehabilitation and reintegration. Deportees sent from the
United States back to Central America, while not a central
cause of crime and violence, can contribute to crime and
violence in the sub-region. For each fiscal year, the Act sets
aside $15 million to address the youth gang issue.
Weak justice systems in Central America have contributed to
a high level of impunity in this sub-region. The United Nations
International Commission against Impunity in Guatemala (CICIG)
was recently created to begin to address impunity related to
illegally armed groups in Guatemala. This Act provides
operational and technical assistance to the CICIG, as long as
it does not negatively impact U.S. domestic operations. The Act
also provides support for the creation of witness and victim
protection programs in Central America.
Finally, the spread of illicit drugs through this region
and into the United States and the violence that accompanies it
in the region cannot be halted without a comprehensive
interdiction and security strategy planned and executed jointly
with our southern neighbors. This legislation provides and
authorizes that framework.
Hearings
The Committee held four hearings directly related to the
subject matter of the bill. A Full Committee hearing took place
on November 14, 2007, and focused on the counternarcotics
initiative discussed in Merida the previous month. Witnesses
included the Honorable Thomas A. Shannon, Jr., Assistant
Secretary, Bureau of Western Hemisphere Affairs, Department of
State, and the Honorable David T. Johnson, Assistant Secretary,
Bureau of International Narcotics and Law Enforcement Affairs,
Department of State.
The Subcommittee on the Western Hemisphere conducted a
hearing on October 25, 2007, which focused both on the proposed
Merida Initiative and a Government Accountability Office (GAO)
report on U.S.--Mexico joint counternarcotics efforts.
Witnesses included Mr. Jess T. Ford, Director, International
Affairs and Trade, Government Accountability Office; the
Honorable James R. Jones, Co-Chairman and CEO of Manatt Jones
Global Strategies, Dr. John Bailey, Georgetown University
Center for Latin American Studies; Ms. Joy Olson, Executive
Director of the Washington Office on Latin America; and Mr.
Armand Peschard-Sverdrup, Senior Associate, Center for
Strategic and International Studies.
A second Subcommittee on the Western Hemisphere hearing
took place on February 7, 2008, and focused on U.S. domestic
obligations under the Merida Initiative, particularly the U.S.
commitment in the October 22, 2007 U.S.-Mexico Joint Statement
to ``intensify efforts to address all aspects of drug
trafficking (including demand-related portions) and continue to
combat trafficking of weapons and bulk currency to Mexico.''
Witnesses included the Honorable Scott Burns, Deputy Director,
Office of National Drug Control Policy; the Honorable Thomas A.
Shannon, Jr., Assistant Secretary, Bureau of Western Hemisphere
Affairs, Department of State; the Honorable Marisa R. Lino,
Assistant Secretary for International Security Affairs,
Department of Homeland Security; the Honorable William Hoover,
Assistant Director for Field Operations, Bureau of Alcohol,
Tobacco, Firearms and Explosives; Mr. Anthony Placido, Chief of
Intelligence, Drug Enforcement Agency; and Mr. Kenneth W.
Kaiser, Assistant Director, Federal Bureau of Investigation.
The Subcommittee on the Western Hemisphere conducted a
third hearing on May 8, 2008, that focused on the Central
America portion of the Merida Initiative. Witnesses included
the Honorable Thomas A. Shannon, Jr., Assistant Secretary,
Bureau of Western Hemisphere Affairs, Department of State;
Geoff Thale, Program Director of the Washington Office on Latin
America; Mr. Harold Sibaja, Regional Representative, Creative
Associates International, Inc.; and Ms. Beatriz C. Casals,
President, Casals and Associates, Inc.
Committee Consideration
On May 14, 2008, the Committee considered H.R. 6028 during
a Full Committee markup, and ordered the bill favorably
reported, as amended, by voice vote, a quorum being present.
Votes of the Committee
There was one vote during consideration of H.R. 6028:
Amendment offered by Mr. Tancredo--to Section 301(a) and
Section 301(b)--adds to conditions on provision of
assistance--defeated by a rollcall vote of 10-23.
Voting yes: Giffords, Burton, Rohrabacher, Royce, Tancredo,
Wilson, Barrett, McCaul, Poe and Bilirakis
Voting no: Berman, Ackerman, Faleomavaega, Payne, Sherman,
Wexler, Engel, Meeks, Watson, Smith (WA), Carnahan,
Woolsey, Jackson Lee, Hinojosa, Crowley, Wu, Miller,
Sanchez, Sires, Klein, Lee, Ros-Lehtinen and Fortuno
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
In compliance with Clause 3(c) (2) of House Rule XIII, the
Committee adopts as its own the estimate of new budget
authority, entitlement authority, or tax expenditures or
revenues contained in the cost estimate prepared by the
Director of the Congressional Budget Office, pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R.6028, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 21, 2008.
Hon. Howard L. Berman, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6028, the Merida
Initiative to Combat Illicit Narcotics and Reduce Organized
Crime Authorization Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 6028--Merida Initiative to Combat Illicit Narcotics and Reduce
Organized Crime Authorization Act of 2008.
SUMMARY
H.R. 6028 would authorize assistance for Mexico and Central
American countries to control drug trafficking and organized
crime and direct the Department of Justice to expand its
efforts to prevent trafficking of firearms across the U.S.-
Mexico border. It would authorize the appropriation of $1.6
billion over the 2008-2010 period for those purposes. CBO
estimates that implementing H.R. 6028 would cost $1.5 billion
over the 2008-2013 period, assuming appropriation of the
authorized amounts. Enacting the bill would not affect direct
spending or revenues.
H.R. 6028 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. 6028 is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs) and 750
(administration of justice).
BASIS OF ESTIMATE
For this estimate, CBO assumes that H.R. 6028 will be
enacted in June 2008, that the specified amounts will be
appropriated each year, and that outlays will follow historical
spending patterns for similar programs. (Funding for 2008 would
have to be provided in a supplemental appropriations act; most
of the outlays from any such 2008 funding would occur in later
years.)
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 2013 2008-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Assistance for Mexico 470 490 150 0 0 0 1,110
Authorization Level
Estimated Outlays 58 371 381 180 49 11 1,050
Assistance for Central American Countries 100 130 175 0 0 0 405
Authorization Level
Estimated Outlays 10 85 117 107 38 14 371
Department of Justice Programs 25 25 25 0 0 0 74
Authorization Level
Estimated Outlays 2 37 30 5 0 0 74
Total Changes 595 645 350 0 0 0 1,589
Authorization Level
Estimated Outlays 70 493 528 292 87 25 1,495
----------------------------------------------------------------------------------------------------------------
Note: Numbers may not sum to totals because of rounding.
Assistance for Mexico
Title I would authorize the State Department to provide
assistance to train and equip the Mexican armed forces and law
enforcement agencies to control drug trafficking and organized
crime, and to strengthen that nation's judicial system. The
bill would authorize the appropriation of $1.1 billion for
Mexico over the 2008-2010 period. CBO estimates that
implementing the provisions of title I would cost about $1
billion over the 2008-2013 period, assuming appropriation of
the specified amounts.
Assistance for Central American Countries
Title II would authorize the appropriation of $405 million
over the 2008-2010 period to provide assistance to several
countries in Central America: Belize, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Haiti, Honduras, Nicaragua,
and Panama. Those funds would be used for purposes similar to
those specified for Mexico in title I of the bill. CBO
estimates that implementing the provisions of title II would
cost about $370 million over the 2008-2013 period, assuming
appropriation of the specified amounts.
Department of Justice Programs
Title IV would authorize the appropriation of $24.5 million
for each of the fiscal years 2008 through 2010 for the
Department of Justice to combat the trafficking of firearms
across the U.S.-Mexico border. CBO estimates that implementing
those provisions would cost $74 million over the 2008-2013
period, assuming appropriation of the specified amounts.
Other Provisions
Section 501 would require the Secretary of State to
designate a coordinator to oversee the programs authorized
under H.R. 6028. In addition, the bill would require several
reports on the implementation of the bill's provisions. CBO
estimates that implementing those requirements would cost less
than $500,000 over the 2009-2013 period, assuming the
availability of appropriated funds.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 6028 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:
Department of Justice Programs--Mark Grabowicz (226-2860)
Other Federal Costs--Sunita D'Monte (226-2840)
Impact on State, Local, and Tribal Governments: Neil Hood (225-
3220)
Impact on the Private Sector: MarDestinee Perez (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis
Performance Goals and Objectives
The Act is intended to combat illicit narcotics trafficking
and reduce organized crime in Mexico and Central America.
Constitutional Authority Statement
Pursuant to clause 3(d) (1) of rule XIII of the Rules of
the House of Representatives, the Committee finds the authority
for this legislation in article I, section 8 of the
Constitution.
New Advisory Committees
H.R. 6028 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 6028 does not apply to the Legislative Branch.
Earmark Identification
H.R. 6028 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
Section 1 cites the Act as the ``Merida Initiative to
Combat Illicit Narcotics and Reduce Organized Crime
Authorization Act of 2008.''
Section 2. Definitions.
This section provides definitions for use in the Act. In
subsection (2), the Committee includes Haiti and the Dominican
Republic in the definition of ``Central America'' in
recognition of the fact that the illicit narcotics-related
violence afflicting mainland countries in Central America is
also afflicting those countries used as transit routes for
narcotics.
TITLE I--ASSISTANCE FOR MEXICO
Title I authorizes assistance to Mexico to enhance the
ability of the Government of Mexico to combat illicit narcotics
production, trafficking, drug trafficking organizations, and
organized crime, and to enhance the rule of law and strengthen
civilian institutions. Title I also authorizes appropriations
to carry out such assistance; limits the amounts of assistance
that may be provided to the armed forces of Mexico; and limits
such assistance where credible evidence exists regarding human
rights violations.
Section 101. Findings.
This section articulates findings that explain the genesis
of the Act, including the finding that narcotics-related
activity and expanding cross-border trafficking is dangerously
undermining the security environment for the United States and
its neighbors to the south; and calls attention to President
Bush and Mexican President Calderon's joint statement
announcing the Merida Initiative to fight illicit narcotics
trafficking and criminal organizations throughout the Western
Hemisphere. In the joint statement, Mexico pledged to more
effectively fight drug-traffickers and organized crime, the
United States pledged to intensify efforts to address drug
trafficking, including domestic demand, weapons trafficking,
and bulk currency smuggling, and both nations pledged to
augment cooperation and coordination to fight criminal
organizations on both sides of the border.
Section 102. Declarations of Policy.
This section declares that: the Merida Initiative is a
critical part of a growing partnership and strategy of
cooperation between the United States and its southern
neighbors to confront the illegal flow of narcotics as well as
violence and organized crime that it has spawned; the United
States needs to ensure the free flow of trade between the U.S.
and Mexico while ensuring that the border is protected from
illegal smuggling into the United States; the United States
must undertake actions to complement those of Mexico, including
efforts to stem the flow of precursor chemicals, bulk-cash, and
the so-called ``iron-river'' of arms illegally flowing south,
as well as demand-related aspects of the illicit drug
phenomenon; and that the Mexican military is currently involved
in counter-drug activities to stabilize the security situation,
but that law enforcement agencies are ultimately responsible to
address the narcotics-related problems.
SUBTITLE A--LAW ENFORCEMENT AND SECURITY ASSISTANCE.
This subtitle authorizes assistance to Mexico for law
enforcement and security assistance purposes.
Section 111. Purposes of Assistance.
This section establishes principles that should undergird
the provision of assistance authorized under Subtitle A. These
principles include that assistance should enhance the ability
of the Government of Mexico, in cooperation with the United
States, to control illicit narcotics production, trafficking,
drug trafficking organizations (DTOs), and organized crime;
help build the capacity of law enforcement forces of Mexico to
control illicit narcotics production, trafficking, DTOs, and
organized crime; and strengthen respect for internationally-
recognized human rights and the rule of law in efforts to
stabilize the security environment relating to illicit
narcotics production and trafficking. In establishing these
principles, the Committee recognizes that although a solution
to drug-fueled violence rests, among other things, in
enhancement of the rule of law in Mexico and its neighbors,
short-term security efforts are needed to stabilize the
situation, including assistance to the armed forces of Mexico.
Section 112. Authorization of Assistance.
This section authorizes the President to provide assistance
for Mexico to carry out the purposes of section 111.
Section 113. Activities Supported.
This section authorizes four general categories of
assistance (counternarcotics and countertrafficking; port,
airport, and related security; operational technology; and
public security and law enforcement). Collectively, these
categories constitute the bulk of security assistance to be
provided to Mexico in order to enhance that country's military
and law enforcement capacity to disrupt illicit narcotics
trafficking and combat DTOs. The categories also generally
track those categories of assistance proposed by the State
Department. The Committee intends that the Department of State
has latitude in determining how to best implement the Merida
Initiative, although Congress expects the Administration to
consult with Congress generally on implementation.
Subsection 113 (a)(1) authorizes assistance to help build
the capacity of law enforcement and security forces of Mexico
to eradicate illicit narcotics trafficking and reduce
trafficking-fueled violence. Such assistance may include the
transfer of helicopters--on a loan or lease basis--to Mexico's
armed forces, along with surveillance platform planes, and land
and maritime interdiction equipment. This subsection also
authorizes the training of security and law enforcement units
solely for the purpose of planning and executing
counternarcotics operations. The Committee recognizes that
terrorists and other entities could exploit the trafficking
routes used by narcotics smugglers. To the extent a terrorist
threat exists, the Committee intends that other authorities,
including Section 1206 authority of the National Defense
Authorization Act for Fiscal Year 2006 (P.L. 109-363), be used
for such purposes.
Subsection 113(a)(2) authorizes assistance to help Mexico
monitor and control the United States-Mexico border and the
border between Mexico and Central America. The Committee is
aware that improving the monitoring of the U.S.-Mexico border
is a critical priority in the fight against smuggling, as is
safeguarding ports of entry. The Committee intends that
assistance authorized pursuant to this section address
immediate needs to improve the monitoring of activity along the
U.S.-Mexico border.
The Administration's initial proposal to Congress
referenced the transfer of Mobile Gamma Ray and Ion scanners
for the armed forces of Mexico. The Committee believes that
such assistance should be directed exclusively to civilian law
enforcement agencies and its use governed by the latter, though
the armed forces may be involved in the utilization of such
assistance.
Subsection 113(a)(3) authorizes assistance to help Mexican
law enforcement agencies to investigate and collect
intelligence against DTOs. Such assistance may include
provision of hardware, operating systems, and communications
networks for Mexican intelligence agencies. Provision of such
assistance is premised on the notion that to fight drug
organizations and reduce violence, Mexico must enhance the
intelligence gathering capabilities of its security agencies.
The Committee is well aware of instances in the past where
the Government of Mexico has used its access to modern
technology to observe the activities of its citizens. The
Committee urges the Government of Mexico in the strongest
possible terms to use such equipment solely for the limited
purposes of enhancing control of the border and monitoring drug
trafficking organizations, other criminal organizations and
terrorist networks. The Committee strongly encourages the
Administration to monitor how such intelligence-related
technology provided to the Government of Mexico is being used
and to take all necessary steps to ensure that the use of such
equipment is consistent with internationally-recognized human
rights standards.
Subsection 113(a)(4) authorizes assistance to facilitate
the modernization of law enforcement entities and prevent
crime. Such assistance may include provision of helicopters,
surveillance aircraft, and human rights training. Subsection
113(b) makes clear the Committee's intent that funds made
available to purchase helicopters pursuant to this Act are used
to procure helicopters that are of a similar manufacture to
those helicopters already in the possession of the Government
of Mexico. The Committee believes that transfer of helicopters
of a similar manufacture will greatly facilitate integration of
such equipment into Mexico's existing fleet.
As noted in Section 111 (Statement of Purpose), the
Committee believes that military assistance should be phased
out as Mexico's law enforcement agencies assume more of the
fight against drug trafficking organizations. In that spirit,
it is the Committee's intent that all equipment transferred to
the armed forces of Mexico be cross-utilized by other relevant
law enforcement agencies, and that the U.S. Department of State
track how well the armed forces of Mexico are sharing such
assets with law enforcement agencies.
Finally, the Committee acknowledges the concerns expressed
by human rights organizations regarding authorization for the
transfer of helicopters to Mexico. The Committee believes that
such assistance is critical at this juncture to combat the
scourge of illicit narcotics but that the U.S. Government must
maintain strict oversight over such air assets to ensure they
are deployed for appropriate purposes.
Section 114. Limitation on Assistance.
Section 114 incorporates the ``Leahy'' human rights
limitation of Section 620J of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2378d), into the bill and prohibits
assistance to any unit of the armed forces of Mexico or law
enforcement agency of Mexico if the Secretary of State
determines that there is credible evidence that such unit has
committed gross violations of human rights. The Committee
expects that existing Leahy procedures will be used to ensure
compliance with this provision, including the vetting of all
units of security forces that will receive funding pursuant to
this Act. The Committee expects that the State Department will
ensure that members of a unit against whom credible evidence
has been found, are not reassigned to other ``clean'' units
that do not trigger vetting problems.
Section 115. Authorization of Appropriations.
Subsection 115(a) provides an authorization totaling $780
million over Fiscal Years 2008-2010.
Subsection 115(b) limits the amount of funds that may be
provided to the armed forces of Mexico over Fiscal Years 2008-
2010. This limitation reflects the Committee's belief that
although the armed forces of Mexico may be necessary to
stabilize the security situation in the short-term, law
enforcement agencies must ultimately spearhead the fight
against drug-related violence.
SUBTITLE B--ASSISTANCE TO ENHANCE THE RULE OF LAW AND STRENGTHEN
CIVILIAN INSTITUTIONS.
This subtitle authorizes assistance to Mexico for the
purposes of enhancing Mexico's judicial system, civilian
institutions, and rule of law. It is intended to complement
security assistance to Mexico authorized in Subtitle A.
Section 121. Sense of Congress.
Section 121 reiterates the Committee's belief that the
solution to drug-related violence ultimately rests in ``smart
power'' programs to enhance the rule of law and fortify
Mexico's civilian institutions.
Section 122. Authorization of Assistance.
Section 122 authorizes the President to provide assistance
for Mexico to carry out the activities described in section
123.
Section 123. Activities Supported.
Section 123 authorizes four general categories of
assistance (institution building and rule of law; anti-
corruption, transparency, and human rights; prevention of
individuals from participating in illicit narcotics-related
activities; and development).
Subsection 123(1) authorizes assistance for Mexico's
efforts to expand the rule of law and build the capacity,
transparency, and trust in government institutions. Such
assistance includes funding to support the development of: a
Clerk of Court system; prosecutor capacity building; technical
assistance for prison management; and prison reform activities.
Assistance also includes maintenance of data systems, including
costs of 2 years of maintenance for transferred equipment, with
the intent that the Government of Mexico will have sufficient
time to incorporate such expenditures in its own budget.
Subsection 123(2) authorizes assistance to help Mexican law
enforcement and court institutions develop mechanisms to ensure
due process.
Subsection 123(3) authorizes assistance for prevention
programs focused on at-risk youth.
Subsection 123(4) authorizes assistance for development
purposes. The Committee recognizes that joblessness fuels
narcotics-related violence. The Committee believes that
development will help stem violence in the long-term and is a
critical component of a successful counternarcotics strategy.
Section 124. Authorization of Appropriations.
This section authorizes $330 million over Fiscal Years
2008-2010 to carry out the purposes of subtitle B. This figure
constitutes a significant plus up of the Administration's
proposal.
TITLE II--ASSISTANCE FOR COUNTRIES OF CENTRAL AMERICA
This title authorizes funds for assistance to Central
America. It is intended to mirror many of the kinds of
assistance provided to Mexico in Title I as well as address
specific problems in Central America, such as youth gangs.
Section 201. Findings.
This section includes various findings regarding Central
America's particular problems with illicit narcotics-related
violence, as well as the proliferation of transnational youth
gangs and the sharp increase in murders in the sub region.
Section 202. Declarations of Policy.
This section declares, among other things, that a long-term
U.S. strategy to curb illicit narcotics trafficking must
include Central America, and that the United States must seize
the opportunity to work in partnership with Central America to
address the growing issue of drug trafficking and related
violence.
SUBTITLE A--LAW ENFORCEMENT AND SECURITY ASSISTANCE.
Subtitle A authorizes assistance for law enforcement and
security forces of countries in Central America.
Section 211. Purposes of Assistance.
This section establishes the basis upon which assistance
should be provided to Central America. These purposes include
combating youth gang violence. The Committee is aware of human
rights abuses committed by the armed forces and police forces
of several potential recipient countries. It is the Committee's
intention that assistance provided pursuant to this Act
strengthens respect for internationally-recognized human rights
and the rule of law in recipient countries.
Section 212. Authorization of Assistance.
Section 212 authorizes the President to provide assistance
for the countries of Central America to carry out the purposes
of section 211.
Section 213. Activities Supported.
Section 213 enumerates the activities authorized under the
bill, including: counternarcotics, countertrafficking, and
related security; and public security and law enforcement.
Section 214. Limitation on Assistance.
Section 214 incorporates the ``Leahy'' human rights
limitation into the Central America subtitle.
Section 215. Authorization of Appropriations.
Section 215 authorizes $220 million over Fiscal Years 2008-
2010 to carry out the activities of Subtitle A.
Subsection 215(c) requires that at least $15 million of
appropriated funds be made available to carry out section
213(2)(B) (youth gang prevention activities). The Committee
intends to attack a key source of violence--youth gangs--
through a long-term investment in prevention programs.
SUBTITLE B--ASSISTANCE TO ENHANCE THE RULE OF LAW AND STRENGTHEN
CIVILIAN INSTITUTIONS.
Subtitle B authorizes assistance for non-security programs
to address the endemic conditions giving rise to trafficking-
related violence in Central America.
Section 221. Authorization of Assistance.
This section authorizes the President to provide assistance
for the countries of Central America to carry out the
activities enumerated in section 222.
Section 222. Activities Supported.
Section 222 authorizes the President to undertake
activities to build the capacity, transparency, and trust in
the justice systems of recipient countries and reduce
unacceptable high impunity rates in Central American countries.
Assistance may also be used to enhance the Electronic Travel
Document (ETD) System and Repatriation Notification System.
Section 223. Authorization of Appropriations.
Section 223 authorizes $185 million over Fiscal Years 2008-
2010 to carry out the activities of Subtitle B.
TITLE III--ADMINISTRATIVE PROVISIONS
Title III places several conditions on provision of
assistance to recipient countries, caps the number of
contractors present in each recipient country, and prohibits
cash payments.
Section 301. Conditions on Provision of Assistance.
Section 301(a) prohibits the President from providing
assistance under title I or II to a foreign country under the
Act until 15 days after the President determines that the
requirements described in subsection (b) have been met. This
Committee intends this determination to be consistent with, and
in some cases, stronger than, existing requirements in law,
including section 1033 of the National Defense Authorization
Act for Fiscal Year 1998, as amended.
Subsection 301(b) spells out the requirements referred to
in subsection (a). These requirements include:
(1) LHuman rights. The committee expects the President
to assess whether there is a reasonable expectation
that assistance could adversely affect the human rights
situation in a recipient country. This assessment could
be based on the recent history of the country--
including assessments in the Department of State's
Country Reports on Human Rights Practices, the proposed
units to be funded, and other relevant factors.
(2) LVetting. The President must determine that vetting
procedures are in place within the U.S. Government to
ensure that units to be funded have not been involved
in human rights violations. The Committee expects these
procedures to be consistent with, and perhaps based on,
existing procedures for ``Leahy'' human rights vetting.
(3) LCivilian prosecution. The Committee remains
concerned regarding reports that the armed forces and
elements in police forces in several potential
recipient countries have failed to prosecute alleged
human rights violators. The Act therefore requires the
President to determine that a civilian authority in the
foreign country is investigating and prosecuting any
member of any agency receiving assistance under title I
or II who has been credibly alleged to have committed
human rights violations from the date of enactment of
this Act.
(4) LBackground investigations. The Committee expects a
recipient country to conduct background checks to
ensure equipment and material provided as support will
be used by appropriate personnel.
(5) LEnd-use monitoring. The conditions enumerated in
subsections 301(b)(5)-301(b)(8) are intended to
reinforce existing end-use monitoring provisions.
Section 302. Limitations on Provision of Assistance.
Subsection 302(a) articulates the sense of Congress that to
the extent possible, activities undertaken under Title I and II
should be performed by employees and officers of the recipient
country, not by U.S. citizens or foreign nationals retained as
contractors in a recipient country. The Committee intends that
the limitations enumerated in Section 302 address concerns
regarding the extensive use of contractors to execute U.S.
Government-funded counternarcotics operations.
Subsection 302(b)(1) caps at 50 the total number of U.S.
citizens or foreign nationals retained as contractors to carry
out Title I of this Act. The purpose of this provision is to
ensure that either officials or employees of the recipient
country or U.S. Government employees implement programs under
this Act.
Subsection 302(b)(2) caps at 100 the total number of U.S.
citizens or foreign nationals retained as contractors to carry
out Title II of this Act.
Subsection 302(b)(3) requires that none of the funds made
available under this Act shall be made available for budget
support or cash payments. The Committee fully expects that
assistance provided under this Act will be in the form of
equipment or training; no cash shall be offered to bolster a
recipient country's counternarcotics efforts. The purpose of
this limitation is to ensure that the assistance addresses
those concerns identified by Mexico, Central America and the
United States, and that the United States maintains visibility
over assistance provided.
Subsection 302(c) authorizes the President to waive the
limitations in subsection (b) if it is in the national interest
of the United States to do so. It is the Committee's belief
that the President shall exercise this waiver only in limited
circumstances.
Section 303. Limitation on Monitoring.
This section prohibits transfer of surveillance-related
equipment to a recipient country unless the President
determines that the recipient country has cooperated with the
United States to ensure that such equipment will be used
principally for the purposes for which it is provided. The
Committee understands that there may be rare instances where
such equipment would be used in a non-counternarcotics context,
such as a humanitarian relief operation. The determination
required would encompass transfer of equipment to the Mexican
Intelligence Agency.
Section 304. Exemption from Prohibition on Assistance for Law
Enforcement Forces.
This section authorizes the President, notwithstanding
section 660 of the Foreign Assistance Act of 1961 (22 U.S.C.
2420) to provide assistance under Title I or II to the police
forces of recipient countries. The Committee believes that such
``notwithstanding'' authority is necessary to ensure that
assistance flows to police forces in recipient countries
engaged in counternarcotics activities.
Section 305. Relationship to Other Authority.
This section makes clear that this Act is in no way
intended to amend other authority to provide assistance to
Mexico or Central America.
Section 306. Rule of Construction.
This section confirms that the Arms Export Control Act (22
U.S.C. 2751 et seq.) applies to all transfers of equipment
under this Act, unless otherwise specified in this Act.
TITLE IV--SUPPORT ACTIVITIES IN THE UNITED STATES
This title authorizes activities in the United States to
support the Merida Initiative. The Committee believes that the
Merida Initiative will only be successful if the United States
Government undertakes steps domestically, including reducing
domestic drug demand and the southbound flow of illegal
weapons.
Section 401. Report on Reduction of Drug Demand in the United States.
Subsection 401(a) expresses the sense of Congress that
taking steps to reduce drug demand in the United States is one
of the most important contributions the United States can make
to combat illicit narcotics trafficking.
Subsection 401(b) requires the President to issue a report
on the measures taken to reduce drug demand in the United
States.
Section 402. Reduction of Southbound Flow of Illegal Weapons.
This section is based on H.R. 5869 (``Southwest Border
Violence Reduction Act of 2008'').
Subsection 402(a) expresses the sense of Congress that the
number of licensed gun sellers along the 2,000-mile U.S.-Mexico
border dwarfs the number of ATF agents assigned to stop illegal
weapons trafficking, and that a critical part of a United
States contribution to the Merida Initiative is an effective
strategy to combat the illegal southbound flow of arms.
Subsection 402(b) requires the Attorney General to expand
resources for Project Gunrunner, an initiative to identify,
investigate, and prosecute individuals involved in the
trafficking of firearms across the United States-Mexico border.
The Committee notes the critical role of the ATF in tracking
weapons across the border and believes that enhanced presence
of the ATF and other appropriate law enforcement agencies along
the border is critical to stopping the ``iron river'' of
weapons. Subsection 402(b)(4) authorizes $15 million to carry
out this subsection for each Fiscal Year 2008 through 2010.
Subsection 402(c) requires the Attorney General, in
cooperation with the Secretary of State, to assign agents of
the ATF to the U.S. mission in Mexico. These agents shall focus
on training Mexican law enforcement officers to conduct
investigations relating to firearms trafficking and serial
number restoration techniques. They will also be responsible
for supporting investigations and tracing firearms recovered in
Mexico, a key asset of the ATF that must be shared with Mexican
law enforcement agencies.
Section 403. Reduction of Southbound Flow of Illegal Precursor
Chemicals and Bulk-Cash Transfers.
This section expresses the sense of Congress that the
United States Government must take steps to halt the flow from
the U.S. to Mexico of precursor chemicals used in the
production of illegal drugs.
Section 404. Report.
This section requires the President to transmit a report
regarding specific measures taken to stop the flow of precursor
chemicals.
TITLE V. MISCELLANEOUS PROVISIONS.
This title establishes a coordinator of U.S. Government
activities to implement the Merida Initiative; requires the
Administration to establish metrics to gauge success and ensure
accountability of the Initiative; and requires a comprehensive
report on activities undertaken pursuant to this Act.
Section 501. Coordinator of United States Government Activities to
Implement the Merida Initiative.
Subsection 501(a) declares that a single coordinator is
required to manage and track all U.S. Government Merida-related
efforts to ensure accountability and avoid duplication.
Although the Committee has provided the State Department
latitude in determining specifically how to implement this Act,
the Committee also understands that numerous entities will be
involved in implementation. In turn, the Committee believes
that a single coordinator is required to manage U.S. Government
efforts and to serve as a point person for the recipient
countries and the U.S. Congress. The Committee is particularly
concerned regarding overlapping counternarcotics authorities
and programs among several Departments and the concomitant
difficulties in programmatic oversight such overlap creates.
Subsection 501(b)(1) designates a high level coordinator
within the Department of State to implement the Merida
Initiative and spells out the responsibilities of the
Coordinator, including designing an overall strategy to advance
the purposes of this Act, and ensuring program and policy
coordination among all agencies providing assistance under this
Act. The Coordinator need not be a State Department employee
prior to selection, but the position of the Coordinator shall
be resident at the Department of State. Responsibilities
include coordinating assistance provided by the Department of
Defense pursuant to section 1004 of the National Defense
Authorization Act for Fiscal Year 1991, as amended (Public Law
101-510) and section 1033 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85).
The key responsibility of the Coordinator will be to
review, oversee, and harmonize programs authorized pursuant to
this Act. In that regard, the Committee expects that the
Coordinator shall have control over designating budgetary
priorities for all funds appropriated to the Department of
State for the Merida Initiative. The Committee also expects
that the Coordinator will work closely with other agencies to
ensure their budgetary priorities are consistent with those of
the overall Initiative.
Subsection 501(b)(2) establishes that the Coordinator shall
have the rank and status of ambassador. The Committee intends
that the Coordinator shall work closely with the Assistant
Secretary for Western Hemisphere Affairs, Department of State,
but shall be independent of that office.
Section 502. Metrics and Oversight Mechanisms.
Subsection 502(a) expresses the sense of Congress that the
President should establish metrics to track the effectiveness
of activities undertaken pursuant to this Act.
Subsection 502(b) requires the President to develop metrics
to identify, track, and manage the progress of activities
undertaken pursuant to this Act. The Committee intends that the
President will track metrics in order to determine the
allocation of resources for counternarcotics and organized
crime-related efforts. The Committee also expects that the
President will consult with Congress in developing these
metrics.
Subsection 502(c) requires the President to transmit to the
appropriate congressional committees a report that spells out
the metrics the President shall establish.
Section 503. Report.
This section requires the President to transmit to Congress
a report on key aspects of the Act. The requirements are
intended to mirror the provisions of the Act.
Section 503(b)(4) requires an assessment of the human
rights impact of the equipment and training provided under this
Act. The Committee intends that all human rights reporting
regarding activities undertaken pursuant to this Act will be
catalogued in this report. To the extent such information would
be relevant to the State Department's annual Country Reports on
Human Rights Practices, required under sections 116(d) and
502(B) of the Foreign Assistance Act of 1961 (22 U.S.C 2151n(d)
and 2304(b)) and section 504 of the Trade Act of 1974 (19
U.S.C. 2464), the Committee expects that the information will
be inserted into that report as well.
Section 504. Sense of Congress.
This section expresses a sense of Congress that the United
States Government requires an integrated public diplomacy
strategy to explain the purposes of the Merida Initiative. In
particular, the U.S. Government must explain how the Initiative
involves a partnership among the United States, Mexico, and
countries of Central America to eradicate narcotics-related
violence and crime.
Section 505. Sunset.
This section provides that the authority for this Act shall
expire after September 30, 2010.
Additional Views
This legislation confirms that it is in the interest of the
United States to fund programs to reintegrate deportees from
the United States back into the societies of their home
countries to avoid further criminal activity and authorizes
such programs. In fact, the United States has provided such
transitional assistance in Haiti and elsewhere.
However, this is only one aspect of a three-part approach
to the deportee dilemma. Last July, the Subcommittee on the
Western Hemisphere held a hearing on deportees which examined
this question and learned of specific problems relating to
criminal deportations. First, we learned that when the United
States deports an individual for a criminal act, the recipient
country only learns of the offense triggering the deportation,
not any other criminal act in the individual's past. This means
a foreign government might not be prepared to receive a
deportee with a very violent past simply because the U.S. did
not transfer all of the relevant information about that person.
Second, tightened U.S. laws removed much of the discretion
from the deportation process. In some instances, this has been
a serious problem for individuals and families who have made
this country their home. There are cases of legal permanent
residents of the United States who have lived here for many
years, are raising children, pay taxes, own a home, or even
serve in the military, but are deported because they commit a
minor crime. These may not be the type of people we should be
deporting.
Congress needs to consider legislation to focus on all
three parts of the deportation problem: Providing better
information about criminal deportees by sending the full NCIC
(National Crime Information Center) record on a criminal
deportee to a foreign recipient government; increasing
discretion so that a judge can determine if a person with deep
ties to the U.S. who does not commit a serious crime might be
eligible to remain in this country; and, helping countries
absorb deportees through reintegration programs, as authorized
under this act.
Eliot L. Engel.