[Congressional Record Volume 145, Number 33 (Wednesday, March 3, 1999)]
[House]
[Pages H918-H920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MEXICO IS NOT AGGRESSIVE IN DRUG ENFORCEMENT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Indiana (Mr. Souder) is recognized for 5 minutes.
  Mr. SOUDER. First, Mr. Speaker, I would like to say ``amen'' to the 
gentleman from Pennsylvania (Mr. Gekas) and would like to remind people 
who sometimes do not remember historical points and therefore are prone 
to repeat them is, as one of the so-called firebrands of the Class of 
1994, I supported Mr. Gekas and other similar legislation from the 
beginning, as we did before the government shutdown.
  The fact is that it was not the House that shut down the government, 
it will not be the House that shuts down the government, and it should 
not be, which is why we need to pass this legislation. We have been for 
this all the way along.
  Others would like to make it look like unless they get their way in 
the appropriation bills that we are the bad guys, but that is different 
from the truth, and it is put up or shut up time. The gentleman from 
Pennsylvania (Mr. Gekas) has had this bill for year after year. Where 
are the cosponsors who like to whine about the threat of a government 
shutdown? Why are they not backing his bill?
  But I came down here today to talk about the drug issue. In the last 
few days, the President has certified Mexico as a cooperating partner 
in the war against drugs, and I would like to comment particularly on 
that subject. Although in the Committee on Education and the Workforce 
we are continuing to work with the Drug-free Schools Act, Safe and 
Drug-free Schools Act, we are continuing to work with treatment 
programs and many other areas, right now the focus is and should be on 
interdiction, because there is only so much schools can do in Indiana 
and around the country if they are flooded with this huge supply of 
high-grade cocaine, heroin, marijuana that has been coming in mostly 
through the Mexican border and increasingly through the Mexican border 
and is produced predominantly in three countries in the world: Peru, 
Bolivia and Columbia.
  Mr. Speaker, we need to understand that we, while we can argue 
whether this is a cancer or a war, it is, in fact, both because there 
is a war going on in South America. Two countries have made tremendous 
progress: Peru and Bolivia. It shows that we can actually reduce the 
coca bean grown, reduce the cocaine being processed and reduce the 
cocaine being shipped.
  In Columbia, there is a battle on the ground; and, in Mexico, it is a 
little bit bigger question because it is clear that some of the people, 
or most, as far as we can tell, of the people in their government are 
attempting to cooperate with us. It is not clear that we have had such 
cooperation in the past, and many of the proposals are relatively new 
on the table.
  The gentleman from Florida (Mr. Mica) of the Subcommittee on Drug 
Policy on the Committee on Government Reform took a CODEL to Central 
and South America that just arrived back a little over a week ago, and 
we spent 3 days in Mexico, and I would like to put into the Record a 
list of different things that Mexico has actually been doing in the 
past year:

      PGR--Procuraduria General de la Republica, February 19, 1999

       Overall Reform of Mexico's Law Enforcement Legal System--
     Key Points--Legal, Institutional Reorganization, and Human 
     Resources.


                         constitutional reforms

       Articles 16 and 19: Increased balance in order to present 
     proof of the ``probable cause'' of the crime and obtain 
     arrest warrants, and orders of formal incarceration 
     (submission to criminal proceeding).
       Article 22: Forfeiture of organized crime proceeds in not 
     concluded criminal proceedings (e.g., death of the offender). 
     The intention is to avoid the simulation in the transfer of 
     the assets to third parties.
       Article 123 paragraph B fraction XIII: Police bodies 
     depuration, dismissed police officers will not be able to 
     demand reinstallment, and they would only be compensated.


  federal act for the control of precursor chemicals--dec. 26, 1997, 
                            official gazette

       To prevent and locate the diversion of chemical precursors, 
     and it regulates the chemical substances related to in the 
     1988 Vienna Convention against Illicit Drug Trafficking.
       Fast mechanism in order to add the regulated chemical 
     substances list.
       Data Base: Increased coordination between agencies and PGR. 
     Imports and exports exchange of information with other 
     nations.


 proposed federal act for the administration of seized, forfeited and 
                            abandoned assets

       Objective basis for the proper administration of the 
     proceeds of crime.
       Strengthening of the legal basis for the use of the 
     proceeds seized by the Federal Public Prosecutor in the fight 
     against crime.
       Sharing of proceeds with State, Local and Foreign 
     governments.
       Final destiny of the seized proceeds in favor of the 
     Federal Judicial Branch and the Attorney General's Office.
       Establishment of Deputy Attorney General Offices for 
     Criminal Procedures A, B y C (Territorial distribution of the 
     cases), Special Prosecutor's Office for the Attention of 
     Health Related Crimes (Drug trafficking), Special Unit on 
     Organized Crime, Special Unit against Money Laundering, and 
     Reliability Control Center.


                       dismissal of bad elements

       Imposition of 1,973 sanctions (Dec. 2, 1996 to Feb. 17, 
     1999), 438 dismissed, 294 disqualified, and 157 dismissed/
     disqualified.
       Criminal charges against 317 former public servants.


                                training

       Participation of DEA, and FBI.
       National Police of Spain, National Police of France, 
     Canadian Royal Mounted Police, and Police of Israel.


  new fringe benefits for the personnel involved in the fight against 
                            drug trafficking

       Civil Service regulations, major medical expenses insurance 
     (``Premier''), Life insurance (major risk--100 thousand to 
     400 thousand dollars), additional salary to compensate risks, 
     and bonuses for relevant actions.

[[Page H919]]

             binational seminar on Mexico-US legal training

       It is focused on the knowledge of legal provisions and 
     investigation techniques in both countries.
       Its objective is to provide participants with a wider and 
     clearer comprehension of the legal systems, the structures 
     and means of law enforcement in Mexico and the US.


                       reliability control center

       It was established on May 2, 1997, performs evaluations 
     (vetting) for the detection of the reliability of the 
     personnel. Applies the following evaluations: Medical, 
     toxicological, psychological, family background and financial 
     situation, and polygraph or lie detector.


                       reliability control center

       The evaluations are applied to newly recruited public 
     servants, and All individuals working in FEADS, UEDO, and 
     UCLD.
       Periodical evaluations are applied to all the employees of 
     the Attorney General's Office (PGR). 60% of the people tested 
     have been rejected or dismissed.


                           sealing operation

       The following agencies of the Mexican Government 
     participate in the sealing operations--Attorney General's 
     Office (PGR), Ministry of the Interior (SG), Ministry of 
     National Defense (SDN), Ministry of the Navy (SM-AM), 
     Ministry of Communications and Transport (SCT)--Federal 
     Highway Police, and Ministry of the Treasury (SHCP)--Fiscal 
     Police.
       The operation sealing includes--Early warning operations, 
     identification and interdiction of suspicious targets, air, 
     land and sea interdiction, patrolling, control of land, sea 
     and air collateral elements that support drug trafficking, 
     creation of a comprehensive communications system, 
     coordination with the authorities of Guatemala and Belize, 
     and organization of an intelligence scheme.
       The sealing operation covers the following geographical 
     areas--Gulf of California--States: Baja California, Baja 
     California Sur, Sonora, Sinaloa, and Nayarit. Land: 419,049 
     km \2\. Litorals: 3,525 km.
       Peninsula of Yucatan--States: Campeche, Yucatan, and 
     Quintana Roo. Land: 132,426 km \2\. Litorals: 1,740 km.
       Southern Border--States: Chiapas and Tabasco. Land: 30,783 
     km.\2\ Litorals: 300 km.
       In the near future the efforts of the Sealing Operation 
     will also cover the State of Tamaulipas.


                  basic principles of the new strategy

       1. Intensify the fight against production and traffic of 
     drugs by doing the following: A higher control in the access, 
     transit and exit of drugs. The sealing of borders, coasts, 
     maritime ports and airports, and the eradication of illicit 
     drug crops.
       2. Procure new systems of detection, destruction, tracing, 
     register and response. Helicopters with advanced equipment 
     of--Navigation, overnight operation, and coded 
     communications. 40 speedboats (there is a current inventory 
     of 20 and the rest will be purchased next year). 8 gunboats 
     ``Holzinger 2000'' equipped with high speed interdiction 
     boats (more than 50 knots) and a helicopter.
       3 ``Centenario'' corvettes equipment with--1 high speed 
     intercepting boat. 2 ``Caribe'' patrols for low waters. 144 
     speedboats (already existing) for coast and riverside 
     patrolling.
       Counternarcotics equipment at ports, airports, roads and 
     border crossings, equipped with X-rays--``Mobile Search'' 
     (current inventory of 5 and 8 will be purchased next year), 
     ``Cargo Search'' for the inspection of containers at ports, 
     ``Body Search'' and ``Buster'' in ports, airports and border 
     crossings, and dog units for drug detection.
       The following will be used for the eradication of illicit 
     drug crops--35 fast surveillance aircraft. 64 helicopters (24 
     will be purchased during this year and the next), and 
     autonomous access to satellite images and precise aerial 
     photographs to detect illicit drug crops and verify its 
     effective eradication.
       3. Strengthening the coordination between the PGR, SEDENA 
     and SEMAR.
       4. Create a control center within the PGR to coordinate the 
     counter-narcotics operations, joint, interinstitutional, and 
     multidisciplinary.
       5. Utilize Air Platforms in the combat to drug trafficking, 
     7 air platforms with cruising range of 9 to 12 hours. 
     Equipped with--long range, high resolution air radars, long 
     range electronic-optical sensors, and high technology 
     cruising systems.
       6. Renew the distribution of the air, sea and land reaction 
     forces.
       7. Apply Trust Control procedures to counternarcotics 
     personnel, in addition to those applied by the PGR.
       8. Increase the budget for the purchase of tracing and 
     interdiction infrastructure.
       Mexico has been the world's leader in the eradication of 
     crops since 1994. It is an effort coordinated by the Attorney 
     General's Office, the Ministry of National Defense and the 
     Ministry of the Navy, among other. There is a continuous 
     growth of efforts, and the methods used are air spraying and 
     manual eradication.
       Juarez Cartel--The dismantling of this organization began 
     with the drug-trafficking protection activities performed by 
     General Jesus Gutierrez Rebollo. More than 100 arrest 
     warrants were issued, and millions of dollars were seized 
     corresponding to various real properties and documents that 
     allow the identification of money laundering activities.
       Tijuana Cartel--16 members of the criminal organization of 
     the Arellano Felix have been arrested.
       Colima Cartel--5 members of this Cartel have been arrested, 
     among which are the Amezcua Contreras brothers.
       Gulf Cartel--Juan Garcia Abrego and Oscar Malherbe were 
     arrested, and four of its members have been aprehended.


     achievements of the specialized unit against money laundering

       The Specialized Unit against Money Laundering (UECLD) was 
     established on January 1st, 1998. UECLD has been working in 
     close collaboration with FEADS and UEDO, in order to 
     coordinate the various matters related to money laundering 
     crimes. Money laundering matters (From January 1st through 
     December 31st 1998). Pre trial investigations, 58; Criminal 
     proceedings, 31; and Convictions, 3.


            office of the fiscal attorney of the federation

       Contributes with the PGR in the fight against money 
     laundering by presenting accusations and criminal complaints 
     on the probable commission of such crimes.
       Accusations and complaints presented, (December 1994 to 
     February 1999). Article 115 Bis of the Federal Fiscal Code 
     (repealed), 47; and Article 400 Bis of the Federal Penal 
     Code, 19.
       International Cooperation Principles, full respect to--The 
     sovereignty of both countries, the territorial jurisdiction, 
     and the domestic law.


                        tijuana--san diego group

       Personnel, 21 elements vetted and trained. Functions, 
     intelligence investigations in all the national territory in 
     order to locate the Arellano Felix brothers.
       Information exchange, this group will be supported by the 
     Border Task Forces, FEADS, CENDRO and all PGR structure. 
     Meetings to coordinate and exchange information with a 
     similar group in San Diego, California are also taking place.


     extraditions in process--Figures updated to February 13, 1999

       Active (Mexico requests to other countries), Total 383; 
     with the U.S.--355, 92.6%.
       Passive (Requests made to Mexico by other countries), Total 
     235; from the U.S.--210, 89.3%.
       Application of the provisions to prevent and detect 
     transactions carried out with resources from illicit origin.
       Suspicious transaction reports, 715; concerning transaction 
     reports, 31; and large value transaction reports, 5,623,665.
       Mexican citizens surrendered in extradition to the U.S.
       Mexicans by naturalization: John Amos Devries (Robbery/
     fraud 07/27/95), Leslie Wortemberg Kenneth (Drug Trafficking 
     01/19/96), and Dominick Esposito Joseph (Drug trafficking 06/
     12/96).
       Native Mexicans: Francisco Gomez Garcia (Sexual Abuse 04/
     17/96), Aaron Morel Lebaron (Criminal Association 04/25/96), 
     Delia Cantu de Sanchez (Sexual Assault 03/04/98), Rosendo 
     Gutierrez Rojero (Sexual Abuse 10/15/98), and Bernardo 
     Velardes Lopez (Drug trafficking/Homicide of a BP agent 11/
     06/98).
       Mexican citizens subject to extradition proceeding at the 
     1st step (Not Compulsory Opinion of the District Judge).
       Gerardo Alvarez Vazquez (Drug trafficking 12/03/97), Miguel 
     Angel Martinez Mtz. (Drug trafficking 06/08/98), and Luis 
     Amezcua Contreras (Drug trafficking 10/08/98). (All 
     provisional arrest.)
       Extraditions of Mexicans already granted pending an amparo 
     (all of them in drug trafficking related crimes).
       Date on which the extradition was granted by the Secretary 
     of State of Mexico. Tirzo Angel Robles, 02/28/97; Jaime 
     Arturo Ladino, 09/04/97; Juan Angel Salinas, 12/16/97; 
     Everardo Arturo Paez, 05/04/98; Florentino Blanco, 05/08/98; 
     and Jose de Jesus Amezcua, 12/10/98.
       Mexican citizens tried under Article 4 of the Federal Penal 
     Code (important cases).
       Oscar Malherbe de Leon, Drug trafficking/criminal 
     association; David Alex Alvarez, ``Spooky''*, Homicide/
     illegal deprivation of freedom; Jose Eustaquio Chavez 
     Laines*, Homicide/drug trafficking; Jaime Gonzalez Castro, 
     Drug trafficking; Gildardo Martinez Lopez**, Money 
     laundering; Carlos Escoto Alcala**, Money laundering; Miguel 
     Angel Barba Martin**, Money laundering; Jorge Milton Diaz**, 
     Money laundering; Jose Sergio Calderon Fdz.**, Money 
     laundering; and Lionel Barajas, Homicide.

     * Convicted.
     ** Operation Casablanca. At present in process.


                           Brownsville Letter

       Signed on July 2, 1998 between Attorney Generals Reno and 
     Madrazo establishing commitments in order to improve 
     cooperation and to regain confidence between both countries.
       Based on the Letter, both countries signed a Memorandum of 
     Understanding on procedures for cooperation regarding law 
     enforcement activities.
       Likewise, authorities of Mexico and the U.S. have been 
     working on effectiveness measures for a bilateral, objective, 
     transparent, and balanced evaluation of the efforts of both 
     countries in the fight against drug trafficking.

  Mr. Speaker, I think it is important to acknowledge, as frustrated as 
I and other Members are with Mexico, the fact is is they are attempting 
to make progress. Now that is different from

[[Page H920]]

saying that they have made progress. Yes, they have continued to 
eradicate marijuana, they have fallen behind some in some of their 
efforts for interdiction on cocaine, and we need those efforts back up. 
They have not extradited people that we have asked to be extradited, 
but they have started the process to extradite.
  But there are a couple of facts that make this a very difficult vote 
should it come to that here in Congress. One is, for all the current 
plans and efforts that they have done in this past year, there are a 
couple of irrevocable facts. One is, their drug czar was living in an 
apartment owned by one under the name of one cartel member. Through 
that compromised drug czar, who was actually on the take from the 
cartel, potentially every single source we have in Mexico was 
compromised.
  It is going to be very difficult to rebuild a relationship of trust 
when you have potentially blown every single source you have worked to 
develop over decades when they have the brother of the President being 
involved in the assassination of a presidential candidate, when they 
have people high up in their military, we learn that they are on the 
take from the drug cartel.
  These are not little low-level occasional problems. When we have the 
DEA unable to go into regional parts of their country, we have 
substantive problems we have to address with Mexico.
  The North American Free Trade Agreement, often referred to along the 
border and in other parts of the country as the North American Free 
Drug Trading Act, is something that has opened up the borders, and we 
have to get control of those borders. But we must not forget much of 
what we know about the corruption in the Mexican government is because 
leaders of Mexico have in fact identified those leaders for us and 
acknowledged that they have to clean it up. The fact is is they have 
started and have proposals on the table to work through extradition, to 
work through rebuilding their navy. We need a maritime agreement, but 
one of their comebacks to us is, as my colleagues know: Your government 
never asked us to sign the maritime agreement.
  Part of our argument in Congress is with our own administration, and 
it is tough to put all the blame on Mexico. I say that as somebody who, 
for my 4 years here in Congress, has been steadily pounding on Mexico 
because I believe they have not been aggressive enough in drug 
enforcement. I have had several amendments related to Mexico, and I am 
not certain how I am going to vote. But it is not a clear-cut case, and 
we need to continue to encourage the current government.

                          ____________________