[House Report 111-429]
[From the U.S. Government Publishing Office]


111th Congress  }                                      {  Rept. 111-429
  2d Session    }        HOUSE OF REPRESENTATIVES      {         Part 1                                                       =======================================================================
 
                      REPORT ON MERIDA INITIATIVE 

                                _______
                                

 March 9, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3239]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3239) to require the Secretary of Homeland 
Security, in consultation with the Secretary of State, to 
submit a report on the effects of the Merida Initiative on the 
border security of the United States, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5
Committee Correspondence.........................................     6

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. REPORT ON MERIDA INITIATIVE.

  (a) In General.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall submit to Congress a 
report on the effects of the Merida Initiative on the following:
          (1) Enhancing border security.
          (2) Reducing the potential for border violence.
          (3) Preventing the illicit flow of arms, bulk cash, human 
        trafficking and smuggling, and illegal narcotics across the 
        border between the United States and Mexico.
          (4) Improving cooperation between officials and agencies of 
        the Department of Homeland Security and the foreign 
        counterparts of such officials and agencies participating in 
        the Merida Initiative, including a detailed description of how 
        cooperation has or has not improved under the Merida 
        Initiative.
  (b) Merida Initiative Defined.--In this section, 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.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 3239 is to require the Secretary of 
Homeland Security, in consultation with the Secretary of State, 
to submit a report on the effects of the Merida Initiative on 
the border security of the United States, and for other purpose

                  BACKGROUND AND NEED FOR LEGISLATION

    The Merida Initiative, a $1.4 billion multiyear, 
multinational proposal, was developed to combat rising 
trafficking and organized crime. The Department of Homeland 
Security, the federal agency with the largest presence on the 
U.S.-Mexico border, plays a significant role in the 
implementation of the Merida Initiative by building on existing 
relationships with Mexican, Central American, and Caribbean law 
enforcement agencies. In light of increasing border violence, 
it is important to take steps to maximize effective interagency 
coordination of the Initiative. H.R. 3239 will provide Congress 
with a useful tool to gauge the impact of border security 
activities and acknowledge the Department's contributions.

                                HEARINGS

    No hearings were held on H.R. 3239.

                        COMMITTEE CONSIDERATION

    The Subcommittee on Border, Maritime and Global 
Counterterrorism met on Thursday, July 23, 2009, to consider 
H.R. 3239, and forwarded H.R. 3239 to the Full Committee for 
consideration with the recommendation that it pass, amended, by 
voice vote. The Subcommittee adopted the bill by unanimous 
consent.
          A unanimous consent request by Ms. Sanchez to adopt 
        H.R. 3239, and the amendments prefiled thereto; was not 
        objected to.
    The following amendments were offered:
             An amendment offered by Mr. Souder to H.R. 3239 
        (#1); Page 2, beginning line 5, strike ``arms and bulk 
        cash'' and insert ``arms, bulk cash, human trafficking 
        and smuggling, and illegal narcotics''; was AGREED TO 
        by unanimous consent.
             An amendment offered by Mr. Souder to H.R. 3239 
        (#2); Page 2, beginning line 8, insert the following: 
        ``(4) Improving cooperation between officials and 
        agencies of the Department of Homeland Security and the 
        foreign counterparts of such officials and agencies 
        participating in the Merida Initiative, including a 
        detailed description of how cooperation has or has not 
        improved under the Merida Initiative.''; was AGREED TO 
        by unanimous consent.

    The Committee met on November 17, 2009, to consider H.R. 
3239, and ordered the measure to be reported to the House with 
a favorable recomendation, amended, by voice vote. The 
Committee took the following actions:
    The Committee adopted the measure, as amended, by unanimous 
consent.
    The following amendments were offered:
           An Amendment in the Nature of a Substitute offered 
        by Mrs. Kirkpatrick (#1); was AGREED TO by unanimous 
        consent.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3239.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

     In compliance with clause 3(c)(2) of rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 3239, to require the Secretary of Homeland Security, in 
consultation with the Secretary of State, to submit a report on 
the effects of the Merida Initiative on the border security of 
the United States, and for other purposes, would result in no 
new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 23, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3239, a bill to 
require the Secretary of Homeland Security, in consultation 
with the Secretary of State, to submit a report on the effects 
of the Merida Initiative on the border security of the United 
States, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3239--A bill to require the Secretary of Homeland Security, in 
        consultation with the Secretary of State, to submit a report on 
        the effects of the Merida Initiative on the border security of 
        the United States, and for other purposes

    H.R. 3239 would require the Department of Homeland Security 
to prepare a report for the Congress on the effects of the 
Merida Initiative on the incidence of human trafficking and 
other crimes near the United States border and on other issues 
relating to border security. The Merida Initiative is a 
partnership among the United States, Mexico, and other 
countries to combat drug trafficking and organized crime in the 
Western Hemisphere. CBO estimates that implementing H.R. 3239 
would have no significant cost to the federal government. 
Enacting the bill would not affect revenues or direct spending.
    H.R. 3239 contains no intergovernmental or private-sector 
as defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3239 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    This legislation will give the Congress a meaningful tool 
to track investment of human and capital resources into the 
Merida Initiative. Moreover, this bill will provide the 
Committee with a report needed to complete its oversight work 
with respect to border security along the Southern Border and 
allow the Committee to have a more meaningful oversight role 
with respect to Department of Homeland Security resources to 
ensure they are being used effectively.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  APPLICABILITY TO LEGISLATIVE BRANCH

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1.   Report on Merida Initative

    Subsection A requires the Secretary of Homeland Security, 
with consultation from the Secretary of State, to submit a 
report within 12 months of enactment describing the effects of 
the Merida Initiative on:
        1.  Enhancing border security;
        2.  Reducing border violence;
        3.  Preventing the illicit flow of weapons, cash, human 
        trafficking and smuggling and narcotics; and
        4.  Improving cooperation between Department of 
        Homeland Security officials and agencies and 
        corresponding counterparts in participating countries.
    Subsection B defines ``Merida Initiative'' to mean the 
program announced by the United States and Mexico on October 
22, 2007, to combat drug trafficking and criminal organizations 
in the Western Hemisphere.
    The Committee intends for the report established by H.R. 
3239 to examine the Merida Initiative's impact in enhancing 
various aspects of border security. It will underscore the 
Department's integral role by highlighting the significant 
border security personnel, assets, and expertise involved in 
the Initiative.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3239 makes no changes to exisiting law.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
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