S.Amdt. 6841

SA 6841. Mr. KELLY submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1094. BILATERAL RAPID RESPONSE PROTOCOL.

(a) Short Title.--This section may be cited as the
``Nicholas Douglas Quets United States-Mexico Rapid Response
for Victims of Crime Act''.
(b) Findings.--Congress finds the following:
(1) On October 18, 2024, while traveling from Arizona along
the southern border in the Mexican state of Sonora near
Puerto Penasco, Nicholas Quets was attacked and shot by armed
criminals associated with the Sinaloa Cartel at an
unauthorized cartel-controlled highway checkpoint, resulting
in the tragic death of the 31-year-old American.
(2) The brutal murder of Nicholas Quets reflects the
ongoing threat posed by transnational criminal organizations
and cartel violence in the region.
(3) The violence perpetrated by drug cartels and other
criminal organizations endangers innocent civilians,
undermines the rule of law, and threatens the safety of
United States citizens traveling abroad.
(4) Bilateral coordination in investigations like that of
Nicholas Quets' death can often be delayed or incomplete,
which may deny the administration of justice for victims and
their families.
(5) Each year, millions of United States citizens travel to
Mexico for tourism, work, and family purposes.
(6) In certain cases involving serious crimes, including
homicide, kidnapping, and organized criminal violence, delays
or gaps in coordination between authorities may hinder
investigations and the delivery of justice for victims and
their families.
(7) Enhanced bilateral coordination, communication, and
investigative cooperation is essential to ensure effective
responses to serious crimes involving United States citizens
in Mexico.
(c) Statement of Policy.--It shall be the policy of the
United States to collaborate in bilateral rapid response to
ensure efficient communication and coordination between
United States and Mexican authorities when responding to
serious crimes involving United States citizens in Mexico.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; the
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Protocol.--The term ``Protocol'' means the bilateral
rapid response protocol for serious crimes committed against
United States citizens in Mexico that may be established
pursuant to subsection (e).
(3) Serious crime.--The term ``serious crime'' has the
meaning given such term in section 103(14) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11103(14))
(e) Establishment.--In order to carry out the policy
described in subsection (c), the Secretary of State, in
coordination with the Attorney General, may engage with the
Government of Mexico to negotiate and establish a bilateral
rapid response protocol for serious crimes committed against
United States citizens in Mexico.
(f) Purpose.--The Protocol is intended to facilitate timely
coordination between United States and Mexican authorities in
responding to and investigating serious crimes committed
against United States citizens in Mexico.
(g) Recommended Elements.--In negotiating the Protocol, the
Secretary of State may include procedures that provide--
(1) mechanisms for the prompt notification of relevant
United States and Mexican authorities when a serious crime
involving a United States citizen occurs;
(2) secure and reliable communication channels between
designated law enforcement and .059diplomatic authorities in
both countries;
(3) procedures to ensure the timely securing of crime
scenes and the protection of relevant physical evidence;
(4) agreed-upon standards and procedures for preserving and
documenting evidence in a manner that supports potential
prosecutions in either country's jurisdiction;
(5) procedures to facilitate the timely sharing of
investigative leads, intelligence, and forensic information
between United States and Mexican authorities, consistent
with the laws of each country;
(6) the designation of appropriate points of contact within
the Government of Mexico and procedures to facilitate
requests for international extradition and timely
coordination for extradition to United States;

[[Page S5182]]

(7) the designation of appropriate points of contact within
relevant United States and Mexican agencies responsible for
coordinating responses to incidents covered by the Protocol;
(8) the designation of a point of contact within the United
States Government responsible for communicating with the
victim or the victim's family and providing timely updates
regarding available assistance and investigative
developments, as appropriate and consistent with the need to
protect the integrity of any ongoing investigation,
prosecution, or other law enforcement proceeding;
(9) appropriate substantive and procedural safeguards for
the protection of privacy and civil liberties with respect to
information shared pursuant to the Protocol;
(10) procedures for coordination between United States
consular officials and Mexican authorities regarding support
for victims and their families; and
(11) opportunities for joint training, planning, or
exercises to ensure effective implementation of the Protocol.
(h) Progress Report.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until the Protocol is established, the Secretary of State
shall submit a report to the appropriate congressional
committees that describes--
(1) the progress made toward negotiating the Protocol;
(2) the status of cooperation with the Government of Mexico
relating to crimes against United States citizens while they
are in Mexico; and
(3) any additional legislative or diplomatic steps the
Secretary determines would improve coordination and
accountability in such cases.
(i) Implementation Report.--Not later than 180 days after
the establishment of the Protocol, and annually thereafter,
the Secretary of State shall submit a report to the
appropriate congressional committees that describes--
(1) the status of the implementation of such protocol;
(2) actions taken by United States and Mexican authorities
under the protocol;
(3) the extent to which the protocol has improved
coordination in covered cases; and
(4) any recommendations for improving the protocol.
(j) Rules of Construction.--Nothing in this section may be
construed--
(1) to limit the sovereignty of the United States or of
Mexico;
(2) to require the Government of Mexico to adopt
investigative procedures inconsistent with existing Mexican
law;
(3) to alter the existing authorities of United States law
enforcement or consular officials; or
(4) to limit or otherwise affect any right or protection
afforded to an individual under the Constitution or laws of
the United States.

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