[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.
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