United States-Mexico Cross-Border Security Act of 2012 - Directs the President, through the National Security Council Interagency Group, to develop a Whole-of-Government Plan in coordination with the government of Mexico to combat Mexican-based transnational criminal organizations.
Establishes the National Security Council Interagency Group composed of representatives at the Deputy Secretary level from the Department of State, the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of the Treasury, the Department of Defense (DOD), and the National Security Council (NSC).
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6280 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6280
To apply a Whole-of-Government Plan that integrates the full
capabilities and authorities of each Federal department and agency, in
coordination with the Government of Mexico, to combat Mexican-based
transnational criminal organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Mack (for himself, Mr. Cuellar, Mr. McCaul, Mr. Barber, Mr.
Canseco, Mr. Bilirakis, and Mr. Westmoreland) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Homeland Security and the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To apply a Whole-of-Government Plan that integrates the full
capabilities and authorities of each Federal department and agency, in
coordination with the Government of Mexico, to combat Mexican-based
transnational criminal organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Cross-Border
Security Act of 2012''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to protect United States citizens
from external threats by establishing and applying a Whole-of-
Government Plan that integrates the full capabilities and authorities
of each Federal department and agency, in coordination with the
Government of Mexico, to combat Mexican-based transnational criminal
organizations by utilizing cross-agency capabilities to--
(1) curtail the ability of such organizations to finance
their operations in the United States using illicit proceeds
from criminal activities;
(2) secure the United States-Mexico border at and between
ports of entry; and
(3) continue to improve the ability of the Government of
Mexico to--
(A) reduce violence;
(B) diminish corruption;
(C) improve cooperation between military and law
enforcement;
(D) stabilize communities; and
(E) fortify functioning government institutions
that embrace strong human rights standards and
accountability measures.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Mexican drug trafficking organizations have evolved
into transnational criminal organizations and diversified and
expanded their illicit activities, including sex-trafficking,
human smuggling, trafficking in stolen oil, weapons smuggling,
extortion, kidnapping, and cybercrime.
(2) Mexican drug trafficking organizations have increased
their profits through various illicit activities and have
become more resilient and dangerous organizations.
(3) A July 2011 White House Strategy to Combat
Transnational Organized Crime report found that transnational
criminal organizations ``have expanded and matured, threatening
the security of citizens and the stability of governments
throughout the region, with direct security implications for
the United States''.
(4) An August 2011 Department of Justice National Drug
Threat Assessment found that Mexican-based transnational
criminal organizations were operating in more than 1,000 United
States cities during 2009 and 2010.
(5) On October 11, 2011, a foiled terrorist assassination
plot of the Saudi Arabian ambassador by members of the Iranian
Islamic Revolutionary Guard Corps demonstrated international
perception of Mexican drug cartel members' operability in the
United States.
(6) According to press reports, there have been more than
55,000 organized crime-related homicides in Mexico since
December 2006, and a June 2012 Congressional Research Service
report stated that ``the violence now associated with drug
trafficking organizations in Mexico is of an entirely different
scale . . . the bloodletting is not only associated with
resolving disputes or maintaining discipline, but it is
directed toward the government and news media . . .''.
(7) Border security is paramount to the economic prosperity
of both the United States and Mexico. In 2011, $500 billion in
goods and services trade crossed the border. Mexico is the
second-largest export market for the United States, and the
United States is Mexico's largest export market. The $34
billion in United States export growth to Mexico in 2011 was
greater in absolute terms than compared with any other country.
Safeguarding this valuable trade must be a top priority for
both governments.
(8) Merida Initiative funding, led by the Department of
State, has concluded, and a Whole-of-Government Plan is needed
to solidify the gains made under the Merida Initiative and
address the evolution of Mexican drug trafficking organizations
into transnational criminal organizations.
(9) The purpose of a Whole-of-Government Plan is to protect
United States citizens from external threats through increased
interagency collaboration and the empowering of a friendly
government that operates within international standards and
regulations and is able to secure itself from internal threats.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the
Senate.
(2) Transnational criminal organization or organization.--
The term ``transnational criminal organization'' or
``organization'' means a self-perpetuating association of
individuals who--
(A) operate transnationally for the purpose of
obtaining power, influence, monetary gain, or
commercial gain wholly or in part by illegal means; and
(B) protect their activities--
(i) through a pattern of corruption or
violence; or
(ii) through a transnational organizational
structure and the exploitation of transnational
commerce or communication mechanisms.
(3) Whole-of-government plan.--The term ``Whole-of-
Government Plan'' means a rapid and coordinated effort that
reflects the full capabilities and resources, and support from
the highest levels, of the United States Government.
SEC. 5. WHOLE-OF-GOVERNMENT PLAN TO COMBAT MEXICAN-BASED TRANSNATIONAL
CRIMINAL ORGANIZATIONS.
(a) Establishment.--The President, acting through the National
Security Council Interagency Group established under section 6, shall
develop a Whole-of-Government Plan, in coordination with the Government
of Mexico (including, if appropriate, classified provisions), to combat
Mexican-based transnational criminal organizations.
(b) Contents.--The Whole-of-Government Plan established under
subsection (a) shall--
(1) define and outline transnational criminal organizations
in Mexico, including their leaders, goals, objectives,
evolution, political control, and other key elements and areas
of influence;
(2) provide an assessment of the terrain, population,
ports, financial centers, and income-generating activities
utilized by such transnational criminal organizations;
(3) assess the capabilities of Mexico's law enforcement,
military forces, state and local government institutions, and
other critical elements, such as nongovernmental organizations,
that may organize to counter the threat posed by such
transnational criminal organizations;
(4) illustrate operations of, or on behalf of, such
transnational criminal organizations within the United States,
including classified and unclassified mappings of their
activities within the United States, information on trafficking
activities, and illegal drug export revenues broken down by
major drugs, financial networks, and safe havens;
(5) describe the operations of such transnational criminal
organizations along the United States-Mexico border, the
Mexico-Guatemala border, and other international borders,
including operations relating to the movement of contraband,
human support networks, financial support, and technological
advancements;
(6) include--
(A) within the United States, a plan to combat the
operations, financial networks, trafficking of
contraband, and money laundering techniques of such
transnational criminal organizations, including--
(i) a report by the Office of Foreign
Assets Control (OFAC) of the Department of the
Treasury detailing the progress of designating
Mexican and Central American individuals and
entities supporting such transnational criminal
organizations on the Specially Designated
Nationals list, as well as providing
suggestions to help identify areas to further
impact the financial networks of such
transnational criminal organizations;
(ii) mapping of transnational criminal
organization activities within the United
States, coordinated between the Department of
the Treasury, the Department of Homeland
Security, the Department of Justice, and State
and local agencies; and
(iii) a coordinated strategy between the
Department of Justice, the Department of
Homeland Security, other Federal departments
and agencies, and State and local agencies to
enforce existing laws relating to border
security and firearms law enforcement;
(B) along the United States-Mexico border, in
coordination with the Department of Homeland Security,
an interagency risk management plan that establishes
border security as a top United States Government
priority by addressing resources, technology,
personnel, and infrastructure required to create a
secure southern border, including--
(i) an analysis of United States ports of
entry, including percentages of apprehensions
of persons engaged in major crime, and
estimates of illegal goods and persons that
transit the southern border that escape United
States law enforcement action;
(ii) a five-year plan that reviews staffing
needs at ports of entry, including a resource
allocation model for current and future year
staffing requirements, a plan for optimizing
staffing levels for U.S. Customs and Border
Protection and other United States Government
agencies, a plan for personnel to carry out the
mission of trade facilitation, travel,
security, and all other border functions, with
an analysis of the ability to target high-
potency, high-cash-value drugs that serve as
the largest revenue source for such
transnational criminal organizations;
(iii) a modernization and infrastructure
assessment of General Services Administration
and U.S. Customs and Border Protection-owned or
-managed ports of entry to support U.S. Customs
and Border Protection activities (including
northbound and southbound checks) that details
critical infrastructure improvements,
technology additions, and other resources that
would enhance border security to stop the
unlawful movement of goods and people across
the United States-Mexico border;
(iv) deployment of technologies, including
cameras, radars, sensors, tunnel detection
technologies, and unmanned aerial vehicles,
required by Border Patrol agents to stop
unlawful movement of goods and people in hard-
to-enforce areas at the southern border;
(v) a plan detailing actions to increase
the use of U.S. Immigration and Customs
Enforcement-led Border Enforcement Security
Task Force (BEST) teams that enhance
information sharing, and U.S. Customs and
Border Protection-Border Patrol Tactical Units
(BORTAC) that concentrate on high-priority
threats, including weapons and bulk cash
smuggling, and high-potency, high-cash-value
drugs along the southern border;
(vi) a plan detailing actions to increase
intelligence gathering utilizing classified and
unclassified technologies, including leveraging
the interagency El Paso Intelligence Center
(EPIC) for coordination to counter such
transnational criminal organizations; and
(vii) a plan detailing actions to increase
coordination, collaboration, and training
focused on joint United States-Mexico efforts
to secure the United States-Mexico border; and
(C) within Mexico, in coordination with a
multiagency Government of Mexico effort, a plan to
increase local capabilities to combat illegal activity
and violence, including--
(i) development of strong rule-of-law
institutions, by--
(I) assisting in the establishment
of a system for judicial and
prosecutorial reform at the state level
to enhance security for citizens and
businesses in Mexico, as well as
accountability for Mexican military and
law enforcement personnel;
(II) teaching best practice
techniques for utilizing law
enforcement in the targeting of such
transnational criminal organizations,
incorporating United States military
and law enforcement lessons learned;
and
(III) enhancing work with Mexican
officials to establish and implement a
state-level law enforcement vetting and
training program;
(ii) diminishing support for such
transnational criminal organizations by--
(I) assisting the Government of
Mexico to develop a plan to cut off
financial assets within Mexico of those
entities and individuals identified
under OFAC's Specially Designated
Nationals list;
(II) aiming programs at expanding
the trust of the populace, requiring
all vetted law enforcement personnel to
be trained in teaching culture of
lawfulness programs, and providing
incentives to United States businesses
operating in Mexico that promote and
support culture of lawfulness efforts;
and
(III) developing safe communities
for families and youth by enhancing and
recreating successful youth programs
and antidrug coalitions, public
education, health care access, and
economic development programs through
the work of the United States Agency
for International Development and
Mexican NGOs to prevent such
transnational criminal organizations
from exploiting socio-economic
conditions that fuel violence; and
(iii) dismantling such transnational
criminal organizations by--
(I) focusing Mexican military and
federal law enforcement on establishing
and expanding secure areas around key
population centers;
(II) supporting strategically
vetted and specialized Mexican law
enforcement units to concentrate on
high-priority targets and border patrol
duties on the United States-Mexico and
Mexico-Guatemala borders;
(III) supporting development of a
plan to increase cross-border
coordination and cooperation for border
law enforcement officers to prevent and
address lethal force cases and
scenarios;
(IV) requesting the support of
qualified experts to assist in the
formulation of a plan to incorporate
such strategically vetted and
specialized Mexican law enforcement
units into such a focused and targeted
overall approach; and
(V) supporting Mexican federal and
state law enforcement operations that
provide services to the population
while gathering and acting upon raw
intelligence; and
(7) include information on trends in Mexican and Central
American extradition requests and extraditions carried out.
(c) Executive Agent To Lead National Security Council Interagency
Group.--The President shall appoint the Deputy Secretary of State as
the executive agent who shall preside over the National Security
Council Interagency Group established under section 6, supported by the
Assistant to the President for National Security Affairs in the
Executive Office of the President, in consultation with the Secretary
of State, utilizing information obtained pursuant to paragraphs (1)
through (7) of subsection (b) to coordinate and strengthen United
States interagency operations through a cohesive and transparent plan
to successfully combat Mexican-based transnational criminal
organizations within the United States, along the United States-Mexico
border, and within Mexico.
(d) Report on Development of Plan.--
(1) In general.--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 that contains the
Whole-of-Government Plan developed under this section.
(2) Updates.--The President shall transmit to the
appropriate congressional committees updates on an annual basis
for the five-year period beginning on the date of the
transmission of the report required under paragraph (1) of the
information required to be included in the Whole-of-Government
Plan developed under this section.
(e) Report on Implementation of Plan.--Not later than 90 days after
the transmission of the Whole-of-Government Plan contained in the
report under subsection (d)(1), the President shall transmit to the
appropriate congressional committees a plan that--
(1) details implementation procedures for the plan using
baseline indicators, metrics, and measurable goals in a
cohesive and transparent manner; and
(2) identifies specific impediments to interagency
coordination and cooperation with respect to the plan, as well
as recommendations for addressing identified impediments.
SEC. 6. NATIONAL SECURITY COUNCIL INTERAGENCY GROUP.
(a) Establishment.--There is established an interagency working
group to be known as the ``National Security Council Interagency
Group'' (in this section referred to as the ``NSC Interagency Group'').
(b) Membership.--The NSC Interagency Group shall be composed of, at
a minimum, representatives at the Deputy Secretary level from the
Department of State, the Department of Homeland Security, the
Department of Justice, the Department of the Treasury, the Department
of Defense, and the National Security Council.
(c) Meetings.--The NSC Interagency Group shall meet at the call of
the Deputy Secretary of State.
(d) Duties.--The NSC Interagency Group shall--
(1) develop the Whole-of-Government Plan under section 5;
(2) develop the implementation report for the Whole-of-
Government Plan under section 5, using baseline indicators,
metrics, and measurable goals; and
(3) enhance coordination and cooperation among Federal
departments and agencies for procuring goods and services and
the implementation of the Whole-of-Government Plan under
section 5.
SEC. 7. FUNDING FOR DEVELOPMENT OF WHOLE-OF-GOVERNMENT PLAN.
Notwithstanding any other provision of law, the Secretary of State
shall use funds made available to the Department of State, as the
Secretary determines appropriate, to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Homeland Security, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Border and Maritime Security.
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