I 
112TH CONGRESS 
1ST SESSION H. R. 3401 
To apply counterinsurgency tactics under a coordinated and targeted strategy 
to combat the terrorist insurgency in Mexico waged by transnational 
criminal organizations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 10, 2011 
Mr. MACK introduced the following bill; which was referred to the Committee 
on Foreign Affairs, and in addition to the Committees on Homeland Se-
curity and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To apply counterinsurgency tactics under a coordinated and 
targeted strategy to combat the terrorist insurgency in 
Mexico waged by transnational criminal organizations, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhanced Border Se-
curity Act’’. 
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SEC. 2. STATEMENT OF PURPOSE. 
It is the purpose of this Act to protect United States 
citizens from external threats by establishing and applying 
appropriate counterinsurgency tactics under a coordinated 
and targeted strategy to combat the terrorist insurgency 
in Mexico waged by transnational criminal organizations 
by utilizing cross-agency capabilities to— 
(1) secure the United States-Mexico border 
through a secure border area; 
(2) curtail the ability of such organizations to 
finance their operations with United States funds in 
cities throughout the United States; and 
(3) increase 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 institu-
tions. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) Mexican drug cartels have evolved into 
transnational criminal organizations and diversified 
and expanded their illicit activities, including human 
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smuggling, trafficking in stolen oil, weapons smug-
gling, extortion, kidnapping, and cybercrime. 
(2) Mexican drug cartels have increased their 
profits through various illicit activities and have be-
come more resilient and dangerous organizations. 
Rough estimates of stolen oil proceeds range be-
tween $2 billion and $4 billion each year. According 
to the United Nations Office on Drugs and Crime 
(UNODC), approximately $6.6 billion annually is 
generated from human smuggling from Latin Amer-
ica to the United States. 
(3) A July 2011 White House report found that 
transnational criminal organizations have expanded 
and matured, threatening the security of citizens 
and the stability of governments throughout the re-
gion, with direct security implications for the United 
States. 
(4) An August 2011 Department of Justice Na-
tional Drug Threat Assessment found that Mexican- 
based transnational criminal organizations were op-
erating in more than 1,000 United States cities dur-
ing 2009 and 2010. 
(5) On October 11, 2011, a foiled terrorist as-
sassination plot of the Saudi Arabian Ambassador 
by members of the Iranian Islamic Revolutionary 
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Guard Corps demonstrated the internationally recog-
nized threat posed by Mexican drug cartel members 
at the United States-Mexico border. 
(6) The Me´rida Initiative, led by the Depart-
ment of State, has failed to address the evolution of 
the drug trafficking organizations into transnational 
criminal organizations, the diversification of their il-
licit activities, and the systematic implementation of 
insurgency tactics that undermines the Mexican 
state and seeks to control the political space. 
(7) The Me´rida Initiative has faced implemen-
tation challenges and programmatic delays. A July 
2010 Government Accountability Office report high-
lighted Me´rida Initiative delays associated with 
equipment deliveries as well as a lack of clear bench-
marks for programmatic success. 
(8) The utilization of counterinsurgency tactics 
will focus on isolating Mexican transnational crimi-
nal organizations from their sources of power, such 
as drugs, money, human resources, and weapons, 
while addressing both military and non-military con-
ditions and border conditions sustaining the insur-
gency, including corruption, infighting, financing, 
and human support. 
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(9) The end goal of the coordinated and tar-
geted strategy is to protect United States citizens 
from external threats through the empowering of a 
friendly and competent government that operates 
within international laws and regulations and is able 
to secure itself from internal threats. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) TERRORIST INSURGENCY.—The term ‘‘ter-
rorist insurgency’’ means the protracted use of irreg-
ular warfare, including extreme displays of public vi-
olence utilized by transnational criminal organiza-
tions to influence public opinion and to undermine 
government control and rule of law in order to in-
crease the control and influence of the organizations. 
(2) TRANSNATIONAL CRIMINAL ORGANIZATION 
OR ORGANIZATION.—The term ‘‘transnational crimi-
nal 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— 
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(i) through a pattern of corruption or 
violence; or 
(ii) through a transnational organiza-
tional structure and the exploitation of 
transnational commerce or communication 
mechanisms. 
SEC. 5. COUNTERINSURGENCY STRATEGY AND CONDITION-
ALITY. 
(a) COUNTERINSURGENCY
STRATEGY.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of State, with the concurrence of the Sec-
retary of Defense, the Secretary of Homeland Security, 
the Attorney General, the Secretary of the Treasury, and 
the Director of National Intelligence, shall submit to the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
ate a counterinsurgency strategy that— 
(1) defines and outlines the transnational crimi-
nal organizations in Mexico, their leaders, goals, ob-
jectives, evolution, key elements, and areas of influ-
ence; 
(2) provides an assessment of the terrain, popu-
lation, ports, financial centers, and income-gener-
ating activities utilized by transnational criminal or-
ganizations; 
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(3) assesses the capabilities of Mexico’s federal 
law enforcement, military forces, state and local gov-
ernment institutions, and other critical elements, 
such as nongovernmental organizations that may or-
ganize to counter the threat posed by transnational 
criminal organizations; 
(4) describes operations of, or on behalf of, 
transnational criminal organizations within the 
United States, including information on trafficking 
activities, financial networks, and safe havens; 
(5) describes operations of transnational crimi-
nal organizations at the United States-Mexico bor-
der, the Mexico-Guatemala border, and other inter-
national borders, including operations relating to 
contraband, human support networks, financial sup-
port, and technological advancements; 
(6) utilizes information obtained under para-
graphs (1) through (5) to coordinate with relevant 
United States agencies to address the operations of 
transnational criminal organizations within the 
United States, at the United States-Mexico border, 
and within Mexico to isolate such organizations from 
their sources of power in order to successfully com-
bat the terrorist insurgency in Mexico; 
(7) includes— 
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(A) within the United States, a plan to 
combat the operations, financial networks, and 
money laundering techniques of transnational 
criminal organizations, including— 
(i) a dramatic increase of the number 
of Mexican and Central American drug 
traffickers on the Specially Designated Na-
tionals list; 
(ii) a report by the Office of Foreign 
Assets Control of the Department of the 
Treasury detailing the progress of desig-
nating Mexican and Central American indi-
viduals and entities supporting such orga-
nization on the Specially Designated Na-
tionals list, as well as providing sugges-
tions to help identify areas to further im-
pact the financial networks of such organi-
zations; 
(iii) increasing cooperation between 
the Department of Justice and State and 
local agencies responsible for firearms law 
enforcement; and 
(iv) development of a thorough, strict, 
and standardized accounting procedure for 
keeping track of Federal grant assistance 
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provided to State and local law enforce-
ment agencies for border security pur-
poses; 
(B) at the United States-Mexico border, in 
coordination with the Government of Mexico 
and the Department of Homeland Security, a 
plan to address resources, technology, and in-
frastructure required to create a secure border 
area that establishes border security as a top 
priority of the Government of the United 
States, including— 
(i) doubling the number of Border Pa-
trol agents over the number in existence as 
of the date of the enactment of this Act, 
or as determined by the Secretary of 
Homeland Security, in a comprehensive re-
port on the best use of resources, tech-
nology, and infrastructure to secure the 
border; 
(ii) development of a plan to build ad-
ditional infrastructure to support Border 
Patrol activities along the border that 
would enhance security in hard-to-enforce 
areas, such as roads and tactical double 
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layered fencing as determined by the Sec-
retary of Homeland Security; 
(iii) determining technology required 
to support Border Patrol activities in re-
ducing unlawful movement of goods and 
people at the border, including cameras, 
radars, sensors, and unmanned aerial vehi-
cles; 
(iv) a report by the Attorney General 
that provides a policy that standardizes the 
threshold for prosecution of border-related 
offenses by the United States Attorney’s 
Office; 
(v) a plan to develop a joint United 
States-Mexico program to increase intel-
ligence gathering utilizing classified tech-
nologies; and 
(vi) increased use of Border Patrol 
Special Response Teams that concentrate 
on high-priority threats, including weapons 
and bulk cash smuggling, and high-po-
tency, high-cash-value drugs along the bor-
der; and 
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(C) within Mexico, in coordination with the 
Government of Mexico, the development of a 
multi-agency action plan, including— 
(i) development of strong rule-of-law 
institutions to provide security for people 
and businesses in Mexico by— 
(I) 
increasing 
coordination 
among military and law enforcement 
agencies focused on establishing and 
expanding secure areas around key 
population centers; 
(II) increasing knowledge of best 
practices for combating such organiza-
tions, incorporating United States 
military and law enforcement lessons 
learned, worldwide counterinsurgency 
experts in training programs, and as 
appropriate, training carried out by 
international law enforcement acad-
emies; and 
(III) securing the environment, 
as recommended in separate reports 
by the Secretary of Defense and the 
Director of National Intelligence; 
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(ii) diminish support for transnational 
criminal organizations by— 
(I) 
instituting 
programs 
to 
strengthen governance and rule of 
law, such as promoting a culture of 
lawfulness and providing incentives to 
United States businesses operating in 
Mexico that promote and support cul-
ture of lawfulness efforts; 
(II) developing safe communities 
for families and youth by enhancing 
and recreating successful youth pro-
grams and anti-drug coalitions, en-
hancing public education regarding 
the activities of such organizations, 
and promoting economic development; 
and 
(III) promoting the creation and 
enhancement of the institutions of 
good local governance; and 
(iii) neutralize transnational criminal 
organizations by— 
(I) re-evaluating threats within 
Mexican regions in order to assign a 
specialized task force to key regions 
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designed to concentrate on high-pri-
ority targets and separate such orga-
nizations from their sources of sup-
port; 
(II) requesting the support of 
United States military advisors to as-
sist the Mexican regional task forces; 
and 
(III) supporting Mexican federal 
law enforcement operations that pro-
vide services to the population while 
gathering raw intelligence and pro-
viding such intelligence to regional 
task forces; and 
(8) includes a report on Mexican and Central 
American extradition requests and extraditions car-
ried out. 
(b) UPDATES.— 
(1) OFFICE OF FOREIGN ASSETS CONTROL.— 
The Office of Foreign Assets Control of the Depart-
ment of the Treasury shall submit to the congres-
sional committees specified in subsection (a) updates 
on a quarterly basis of the information required to 
be included in the counterinsurgency strategy under 
subsection (a)(7)(A)(ii). 
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(2) SECRETARY OF STATE.—The Secretary of 
States shall submit to the congressional committees 
specified in subsection (a) updates on a quarterly 
basis of the information required to be included in 
the counterinsurgency strategy under subsection 
(a)(8). 
(c) WITHHOLDING OF FUNDS.—Notwithstanding any 
other provision of law, if the Secretary of State does not 
submit the counterinsurgency strategy required under 
subsection (a) in accordance with such subsection, then 
20 percent of the amounts otherwise made available to the 
Department of State for fiscal year 2012 shall be withheld 
from obligation and expenditure until such time as the 
strategy is submitted in accordance with such subsection. 
SEC. 6. FUNDING FOR DEVELOPMENT AND IMPLEMENTA-
TION OF COUNTERINSURGENCY STRATEGY. 
Notwithstanding any other provision of law, funds 
made available to the Department of State for the Merida 
Initiative are authorized to be made available to develop 
and implement the counterinsurgency strategy required 
under section 5(a). 
Æ 
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