[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3172 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3172

 To support counternarcotics and related efforts in the Inter-American 
                                region.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2010

Mr. Menendez (for himself and Mr. Kerry) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To support counternarcotics and related efforts in the Inter-American 
                                region.

    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 ``Counternarcotics and Citizen 
Security for the Americas Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Current counternarcotics programs.--The term ``current 
        counternarcotics programs'' refers to programs in the Region 
        authorized as of the date of the enactment of this Act pursuant 
        to section 481(a)(4) of the Foreign Assistance Act (22 U.S.C. 
        2291(a)(4)) regarding international narcotics control that 
        involves amounts appropriated for countries in the Region under 
        the International Narcotics Control and Law Enforcement, 
        Economic Support Fund, Development Assistance, Transitions 
        Initiatives, Foreign Military Financing Program, or 
        Nonproliferation, Anti-Terrorism, Demining and Related Programs 
        accounts, as they relate to the goals of--
                    (A) reducing the production, flow, and consumption 
                of illicit narcotics in the Americas;
                    (B) enhancing the security and economic opportunity 
                of the people of such countries; and
                    (C) building the democratic civilian institutions 
                responsible for meeting these goals.
            (2) Merida initiative.--The term ``Merida Initiative'' 
        refers to the program announced by the United States Government 
        and the Government of Mexico on October 22, 2007, to fight 
        illicit narcotics trafficking and criminal organizations.
            (3) Region.--The term ``Region'' refers to all the 
        countries of Central and South America, Mexico, and the 
        Caribbean.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The drug crisis in the Western Hemisphere remains a 
        significant threat to the United States national interest and 
        imposes tremendous costs to the security and well being of all 
        countries in the Western Hemisphere. The United States is the 
        primary market for illicit narcotics from the Region.
            (2) Numerous studies have shown that although countries 
        throughout the Region face drug consumption problems, the 
        United States has long been the country with largest drug 
        consumption, and demand in the United States is a key driver of 
        the narcotics trade in the Region.
            (3) On March 25, 2009, Secretary of State Hillary Clinton 
        stated, ``Our insatiable demand for illegal drugs fuels the 
        drug trade'' and ``I feel very strongly we have a co-
        responsibility.''.
            (4) The illicit production, transportation, sale, and 
        consumption of illicit narcotics--
                    (A) acts as a destabilizing force throughout the 
                Western Hemisphere;
                    (B) is a source of funding for terrorist and 
                criminal activities; and
                    (C) inhibits the social and economic development of 
                each affected country in the Western Hemisphere.
            (5) Weak institutions in the Region are at the core of the 
        challenge of dismantling and disabling drug trafficking 
        organizations and providing legal alternatives to participation 
        in illicit activities. Long-term solutions to security problems 
        in the Region depend on strengthening civilian institutions and 
        holding them accountable.
            (6) The United States Government reporting planning, and 
        strategic analysis for counternarcotics and related programs is 
        carried out only on a year-to-year basis. The fight against 
        drugs requires a long-term vision and extensive cooperation 
        among producing, transit, and consuming nations.
            (7) Colombia has been a valued partner of the United States 
        in combating the production and flow of illicit narcotics for 
        many years. Since 1999, the United States Government has 
        invested over $7,000,000,000 in programs assisting the people 
        and Government of Colombia in their efforts.
            (8) Mexico is a strategic ally and partner of the United 
        States. In working to stem the flow of illegal narcotics into 
        the United States, the United States Government and the 
        Government of Mexico have begun to cooperate at an 
        unprecedented level to confront the threat of illicit narcotics 
        trafficking, organized crime, and violence along our shared 
        border.
            (9) The challenges addressed by the Merida Initiative, 
        which was initially conceived as a 3-year initiative by 
        President Calderon's administration, will require a longer 
        commitment of cooperation on the part of the United States and 
        countries in the Region.
            (10) The Government of Mexico sought a greater role for the 
        Mexican military in stabilizing the security situation in the 
        short-term and has committed to undertake the civilian 
        institution-building, training, and reform that is necessary to 
        establish civilian authorities and civil society mechanisms 
        needed to achieve strategic solutions.
            (11) The long-term solution will require--
                    (A) less military involvement in enforcing the law;
                    (B) more effective local, regional, and Federal law 
                enforcement institutions to deal with the challenge; 
                and
                    (C) improvements in the judicial institutions, the 
                rule of law, and viable and licit economic 
                opportunities for underprivileged populations in 
                Mexico.
            (12) The United States Government will partner with the 
        Government of Mexico in its efforts to further engender--
                    (A) disrupting organized criminal groups;
                    (B) institutionalizing reforms to sustain the rule 
                of law, engender respect for human rights, and ensure 
                accountability;
                    (C) creating a 21st century border; and
                    (D) building strong and resilient communities.
            (13) Central America is confronting an array of violent 
        crime, including youth and gang violence, drug trafficking, and 
        organized crime and is increasingly an area of transshipment of 
        illicit narcotics. Many of the governments along the isthmus 
        are committed and willing, yet ill-prepared to unilaterally 
        deal with the threat and need United States cooperation.
            (14) As in Mexico and the Andean region, long-term 
        solutions in Central America require civilian institution-
        building and improvements in judicial institutions, rule of 
        law, human rights, and economic opportunity for underprivileged 
        populations.
            (15) Countries in the Caribbean are also vulnerable to 
        similar threats from drug traffickers and organized crime that 
        are facing Mexico, Central America, and the Andean region 
        including, in some countries, a flow of illicit funds through 
        sophisticated money-laundering schemes.

SEC. 4. STATEMENT OF POLICY.

    (a) Partnership Development.--One of the highest strategic policy 
goals of the United States in the Western Hemisphere is to protect the 
safety of citizens through the development and success of partnerships.
    (b) United States Interests.--It is in the interest of the United 
States--
            (1) to make a long-term commitment to assist the countries 
        of the Region--
                    (A) to improve citizen safety by combating illicit 
                narcotics production, trafficking, and distribution, 
                and money laundering;
                    (B) to invest in prevention programs, especially 
                programs that--
                            (i) keep young people in school;
                            (ii) work with at-risk youth; and
                            (iii) prevent domestic violence;
                    (C) to invest in programs that generate licit 
                economic and social opportunities, particularly for 
                marginalized populations;
                    (D) to increase intelligence sharing;
                    (E) to improve security coordination in the Region;
                    (F) to improve border and customs capabilities;
                    (G) to professionalize law enforcement, justice, 
                and other governmental institutions; and
                    (H) to decrease reliance on the use of militaries 
                for law enforcement purposes;
            (2) to anticipate and plan for the ``balloon effect'', in 
        which successful counternarcotics efforts in one area drive 
        narcotics-related activities to other areas;
            (3) to counter, to the greatest extent possible, the 
        underlying causes of the drug trade in the source, transit, and 
        demand zones;
            (4) to use all relevant branches and departments of the 
        United States Government and to work in a coordinated manner 
        with the countries in the Region to jointly devise a strategy 
        for addressing narcotics trafficking and the threats to citizen 
        safety that employs clear and consistent performance indicators 
        and systems of measurement, monitoring, and evaluation that are 
        universally accepted;
            (5) to recognize that other threats to the safety of 
        citizens, such as pandemics, food security, or natural 
        disasters caused by environmental changes, have transnational 
        effects and call for new response and mitigation tools, 
        including new partnerships that more effectively strengthen, 
        mobilize, and link the will and capacity of governments and 
        societies throughout the Region;
            (6) to coordinate, to the extent feasible and without 
        hindering or otherwise harming ongoing United States law 
        enforcement or intelligence activities, information and 
        strategies with United States partners to stem the production 
        and trafficking of illicit narcotics, particularly when the 
        cartels that produce and transport illegal drugs have a direct 
        or indirect role in the networks that distribute such drugs 
        inside the United States;
            (7) to work with regional partners to encourage the 
        institutional strengthening of criminal justice institutions--
                    (A) to successfully counter gang violence, drug 
                trafficking, and other major crimes; and
                    (B) to improve overall public safety in the 
                affected countries;
            (8) to undertake such cooperation in a manner consistent 
        with a commitment to ensuring the free flow of trade and other 
        legal commercial and financial interaction between the United 
        States and countries in the Region; and
            (9) to strengthen mechanisms to coordinate security and 
        counternarcotics assistance with the countries in the Region 
        and other bilateral and multilateral agencies--
                    (A) to ensure a common and comprehensive strategy;
                    (B) to most effectively use available resources; 
                and
                    (C) to avoid duplication of efforts.
    (c) Coordination.--The initiatives set forth in subsection (b) 
should be--
            (1) closely coordinated to maximize their effectiveness;
            (2) adjusted, as necessary, in accordance with their 
        progress; and
            (3) undertaken under a common framework to advance key 
        strategic priorities.

SEC. 5. INTER-AMERICAN COUNTERNARCOTICS STRATEGY REPORT.

    Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291h(a)) is amended by adding at the end the following:
            ``(9) Inter-american counternarcotics strategy report.--For 
        the countries of Central and South America, Mexico, and the 
        Caribbean (referred to collectively in this paragraph as the 
        `Region'), a report on the United States Government's multiyear 
        interagency counternarcotics strategy that describes the 
        following:
                    ``(A) The United States counternarcotics multi-year 
                strategy for the Region, including--
                            ``(i) a description of particular 
                        challenges in the source, transit, and demand 
                        zones;
                            ``(ii) the key policy objectives of the 
                        counternarcotics strategy of the United States 
                        in the Region;
                            ``(iii) a detailed description of outcome-
                        based performance indicators by which to 
                        measure progress toward the objectives referred 
                        to in clause (ii); and
                            ``(iv) a statement of the relationship of 
                        the strategy referred to in this subparagraph 
                        to other regional strategies.
                    ``(B) The integration of diplomatic, criminal 
                justice, civil society and economic development, demand 
                reduction, military, and other assistance to achieve 
                regional counternarcotics goals.
                    ``(C) The actions required of the United States 
                Government to support and achieve the objectives 
                referred to in subparagraph (A)(ii), and a description 
                of the requirements for implementing such actions.
                    ``(D) A set of regional and, as necessary, country-
                specific metrics that--
                            ``(i) is formulated by the United States 
                        Government through an interagency process 
                        involving a wide range of stakeholders, 
                        including consultation with government and 
                        civil society in the respective countries 
                        regarding the measurement of the efforts and 
                        results of counternarcotics, public security 
                        programs, and other activities carried out 
                        under this Act; and
                            ``(ii) reflects the particular challenges 
                        in source, transit, and demand zone countries 
                        identified pursuant to paragraph (3).
                    ``(E) A description of any instance in which a 
                producer or trafficker of illicit narcotics has shifted 
                production or transit routes from 1 place in the Region 
                to another place due to pressure from counternarcotics 
                efforts.
                    ``(F) A description of the progress of phasing out 
                law enforcement activities of the armed forces of each 
                recipient country, as applicable.
                    ``(G) A description of governmental efforts to 
                investigate and prosecute allegations of human rights 
                abuses committed by security agencies.''.

SEC. 6. COORDINATION OF COUNTERNARCOTICS EFFORTS.

    (a) Sense of Congress.--It is the sense of Congress that it is in 
the interest of the United States that current counternarcotics 
programs, which are proposed, funded, and managed by various Federal 
departments and agencies, be managed in a way that--
            (1) maximizes the value added by each department and 
        agency; and
            (2) ensures interagency efficiencies by--
                    (A) reducing duplication;
                    (B) ensuring consistent operations; and
                    (C) refining goals and objectives to meet evolving 
                circumstances.
    (b) Interagency Coordination.--
            (1) In general.--The President, in accordance with section 
        481(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291(b)), shall ensure effective coordination of current 
        counternarcotics programs among relevant agencies, including--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development;
                    (C) the Department of Justice;
                    (D) the Department of Defense;
                    (E) the Department of Homeland Security; and
                    (F) the intelligence community.
            (2) Authority.--No United States Government international 
        counternarcotics or anti-crime foreign assistance-related 
        activity may be implemented unless it has been approved by the 
        Secretary of State, under the direction of the President.
            (3) Review.--The coordination effort described in paragraph 
        (1) to further the strategy developed under section 5 shall 
        include a review of--
                    (A) program and policy coordination among Federal 
                departments and agencies;
                    (B) all United States assistance that pertains to 
                current counternarcotics programs in the Region;
                    (C) public diplomacy efforts to explain the 
                purposes and scope of current counternarcotics 
                programs; and
                    (D) best practices on effective strategies for--
                            (i) reducing domestic demand for illicit 
                        drug consumption; and
                            (ii) fighting narcotics trafficking and 
                        production to achieve the counternarcotics 
                        goals described in section 7.

SEC. 7. PROGRAM GOALS.

    (a) Program Goals.--Federal assistance through current 
counternarcotics programs shall be provided in the Region to provide--
            (1) operational, intelligence, and forensic support to 
        assist partners in addressing immediate and long-term 
        challenges, consistent with expanding the rule of law; and
            (2) capacity- and institution-building to assist 
        governments of partner countries in--
                    (A) addressing longer term challenges;
                    (B) improving the transparency of, and increasing 
                popular trust in, the civilian institutions of such 
                governments; and
                    (C) providing licit economic opportunities.
    (b) Institution-Building.--
            (1) Types of assistance.--Institution-building efforts to 
        further counternarcotics efforts may include--
                    (A) national and municipal police 
                professionalization, including--
                            (i) training in the conduct of 
                        investigations, operational planning, and the 
                        enhancement of operational security;
                            (ii) community policing and supporting the 
                        role of police in crime prevention;
                            (iii) training regarding the use of force;
                            (iv) human rights education and training;
                            (v) training regarding evidence 
                        preservation and chain of custody;
                            (vi) candidate screening, personnel 
                        evaluation, and police academy curriculum 
                        development;
                            (vii) leadership and management training, 
                        institutional accountability, and oversight 
                        mechanisms; and
                            (viii) training to effectively address 
                        street crime;
                    (B) systemic improvements in judicial and criminal 
                justice sector institutions, including--
                            (i) courts management and prosecutorial and 
                        judicial capacity building;
                            (ii) prison reform activities, including 
                        activities relating to anti-gang and anti-
                        organized crime efforts;
                            (iii) anti-money laundering programs;
                            (iv) victim and witness protection and 
                        restitution;
                            (v) judicial and prosecutorial protection;
                            (vi) promotion of transparent oral trials 
                        through training for the judicial sector;
                            (vii) support to strengthen internal 
                        control systems, including inspectors general; 
                        and
                            (viii) caseload reduction programs;
                    (C) support for the Office of the Attorney General 
                or similar institution in a country, 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;
                    (D) support for institutions that help provide 
                licit economic opportunities for at-risk populations 
                and populations currently dependent on illicit economic 
                activities;
                    (E) support for institutions that are involved in 
                prevention, intervention, and rehabilitation efforts 
                for youth and populations at risk of participating in 
                gangs and other forms of crime or violence; and
                    (F) support for institutions that assist in demand 
                reduction in source and transshipment countries.
            (2) Focus of efforts.--Institution-building to further 
        counternarcotics efforts should be--
                    (A) carried out in a multi-faceted manner that 
                takes into account economic and social development and 
                the ability of the governments in the Region to provide 
                basic services to their people; and
                    (B) focused on--
                            (i) increasing the capacity of civilian 
                        government institutions to control illicit 
                        narcotics production and trafficking;
                            (ii) increasing the ability of justice and 
                        law enforcement systems--
                                    (I) to break up drug trafficking 
                                organizations and organized crime; and
                                    (II) to prosecute offenders;
                            (iii) strengthening adherence to 
                        internationally recognized human rights 
                        practices;
                            (iv) strengthening efforts to combat 
                        corruption and increase transparency of the 
                        institutions involved;
                            (v) stabilizing the security environment 
                        relating to illicit narcotics production and 
                        trafficking and organized crime; and
                            (vi) increasing licit economic 
                        opportunities for populations currently 
                        dependent on illicit economic for livelihoods.
    (c) Consideration of Local Concerns.--To the greatest extent 
practicable, programs described in subsection (b) should be 
implemented--
            (1) in consultation and coordination with local 
        communities; and
            (2) after considering--
                    (A) the immediate operational objectives and the 
                institution-building value of programs;
                    (B) the impact on local economies; and
                    (C) the availability of alternative sources of 
                income in areas targeted for eradication of illicit 
                crops.
    (d) Performance Indicators and Oversight Mechanisms.--
            (1) In general.--United States Government agencies involved 
        in counternarcotics programs shall use outcome-based 
        performance indicators and oversight mechanisms prescribed by 
        the Secretary of State--
                    (A) to track the effectiveness of current 
                counternarcotics programs; and
                    (B) to help direct the allocation of future 
                resources for counternarcotics activities.
            (2) Consultation.--Performance indicators referred to in 
        paragraph (1) should be developed after consultation with 
        foreign national and local authorities, as appropriate, to 
        address Region-wide and country-specific circumstances.

SEC. 8. USE OF ASSISTANCE.

    (a) Sense of Congress.--It is the Sense of Congress that the United 
States should not provide assistance for counternarcotics programs in a 
foreign country unless--
            (1) such assistance will not adversely affect the human 
        rights situation in the foreign country;
            (2) there are appropriate procedures in place to meet the 
        conditions under section 620J of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2378a);
            (3) the equipment and material provided is being used in a 
        manner consistent with the intent of the International 
        Narcotics Control Strategy Report with personnel committed to 
        efficient and effective use of such resources; and
            (4) the equipment and materials will continue to be used--
                    (A) to the extent possible, for the purposes 
                intended by the United States Government;
                    (B) by those agencies for which such assistance is 
                intended;
                    (C) by officials and employees of the government of 
                the foreign country who have been approved by such 
                government to perform counternarcotics activities, 
                including activities on the basis of the background 
                investigations by such government; and
                    (D) in accordance with the terms and conditions 
                described in chapter 8 of part I of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2291 et seq.), 
                particularly those related to appropriate end use 
                monitoring.
    (b) Prohibition on Operations Involving Imminent Use of Lethal 
Force.--
            (1) In general.--Members of the United States Armed Forces, 
        law enforcement personnel, and civilian contractors employed by 
        the United States shall comply with section 481(c) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2291) regarding 
        participation in foreign police actions.
            (2) Exception for contingency operations.--Section 481 of 
        the Foreign Assistance Act of 1961 is amended--
                    (A) in subsection (b)(1)--
                            (i) by inserting ``and approving'' after 
                        ``coordinating''; and
                            (ii) by inserting ``and international 
                        anticrime purposes'' before the period at the 
                        end; and
                    (B) in subsection (c), by adding at the end the 
                following:
            ``(7) Exception for contingency operations.--Paragraph (1) 
        shall not apply with respect to counternarcotics operations 
        conducted in connection with a declared contingency operation 
        if--
                    ``(A) the foreign country in which such operation 
                takes place agrees to such waiver; and
                    ``(B) such waiver has been approved by the 
                Secretary of State.''.
    (c) Use of Helicopters.--
            (1) In general.--The President shall take all reasonable 
        steps to ensure that--
                    (A) the Federal Government complies with section 
                484 of the Foreign Assistance Act of 1961; and
                    (B) if any helicopter procured with funds provided 
                by the United States is used to aid or abet the 
                operations of any terrorist, illegal self-defense 
                group, paramilitary organization, guerrilla 
                organization, illegal security cooperative, or 
                successor organizations in Colombia, such helicopter 
                shall be immediately returned to the United States.
            (2) Use by foreign countries.--Section 484(b) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2291c(b)) is amended 
        by adding at the end the following: ``Aircraft may be made 
        available to foreign countries under this chapter, on a case by 
        case basis after approval by the Chief of Mission, to 
        participate in emergencies, rescues, and humanitarian 
        operations.''.
    (d) Limitations on Herbicides.--
            (1) In general.--In monitoring aerial crop eradication 
        programs receiving Federal financial assistance under any 
        counternarcotics program in any country in the Region, the 
        Secretary of State shall monitor, under chapter 8 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) the 
        use of a herbicide for aerial eradication to determine the 
        impact of such use on the environment and the health of 
        individuals, pursuant to section 481(d) of such Act.
            (2) Report upon determination of harm to environment or 
        health.--Section 481(d) of such Act is amended--
                    (A) in paragraph (2), by striking ``In the annual 
                report required by section 489(a), the'' and inserting 
                ``The''; and
                    (B) in paragraph (3)--
                            (i) by striking ``If the President'' and 
                        inserting the following:
                    ``(A) In general.--If the President''; and
                            (ii) by adding at the end the following:
                    ``(B) Contents.--The determination reported under 
                subparagraph (A) shall indicate that--
                            ``(i) the herbicide is being used in 
                        accordance with label requirements of the 
                        United States Environmental Protection Agency 
                        for comparable use in the United States and in 
                        accordance with local laws;
                            ``(ii) in the manner it is being used, the 
                        herbicide--
                                    ``(I) does not pose unreasonable 
                                risks beyond those permitted by United 
                                States law governing its use in 
                                agriculture or silviculture in the 
                                United States; and
                                    ``(II) does not pose adverse 
                                effects to humans or the environment, 
                                including endemic species;
                            ``(iii) complaints of harm to health or 
                        licit crops caused by such aerial eradication 
                        are thoroughly evaluated; and
                            ``(iv) fair compensation is being paid in a 
                        timely manner for meritorious claims.''.
    (e) Excess Property.--Section 482(g) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2291a(g)) is amended by striking ``nonlethal excess 
property from any agency of the United States Government'' and 
inserting ``excess property from any agency of the United States 
Government or from a State or municipal government''.
    (f) Exception.--The Secretary of State may waive any of the 
limitations under this section if the Secretary of State--
            (1) determines that it is in the national interest of the 
        United States that such limitation not apply; and
            (2) notifies the appropriate congressional committees of 
        such determination.

SEC. 9. SENSE OF CONGRESS REGARDING USE OF CONTRACTORS.

    It is the sense of Congress that, to the extent practicable--
            (1) activities undertaken under this Act should be 
        performed 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 the number of 
        contractors in a recipient country.

SEC. 10. CONSOLIDATION OF REPORTING REQUIREMENTS.

    Section 694 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 2291 note) is repealed.

SEC. 11. RELATIONSHIP TO OTHER AUTHORITY.

    The authority to provide assistance under this Act is in addition 
to any other authority to provide assistance to any country in the 
Region.

SEC. 12. RULE OF CONSTRUCTION.

    Nothing in this Act may 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.
                                 <all>