A bill to support counternarcotics and related efforts in the Inter-American region.

S 3172 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.

END