Congressional Record, Volume 154 Issue 95 (Tuesday, June 10, 2008)

[Congressional Record Volume 154, Number 95 (Tuesday, June 10, 2008)]
[House]
[Pages H5126-H5139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MERIDA INITIATIVE TO COMBAT ILLICIT NARCOTICS AND REDUCE ORGANIZED
CRIME AUTHORIZATION ACT OF 2008

Mr. BERMAN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6028) to authorize law enforcement and security assistance,
and assistance to enhance the rule of law and strengthen civilian
institutions, for Mexico and the countries of Central America, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6028

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Merida
Initiative to Combat Illicit Narcotics and Reduce Organized
Crime Authorization Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.

TITLE I--ASSISTANCE FOR MEXICO

Sec. 101. Findings.
Sec. 102. Declarations of policy.

Subtitle A--Law Enforcement and Security Assistance

Sec. 111. Purposes of assistance.
Sec. 112. Authorization of assistance.
Sec. 113. Activities supported.
Sec. 114. Limitation on assistance.
Sec. 115. Authorization of appropriations.

Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions

Sec. 121. Sense of Congress.
Sec. 122. Authorization of assistance.
Sec. 123. Activities supported.
Sec. 124. Authorization of appropriations.

TITLE II--ASSISTANCE FOR COUNTRIES OF CENTRAL AMERICA

Sec. 201. Findings.
Sec. 202. Declarations of policy.

Subtitle A--Law Enforcement and Security Assistance

Sec. 211. Purposes of assistance.
Sec. 212. Authorization of assistance.
Sec. 213. Activities supported.
Sec. 214. Limitation on assistance.
Sec. 215. Authorization of appropriations.

Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions

Sec. 221. Authorization of assistance.
Sec. 222. Activities supported.
Sec. 223. Authorization of appropriations.

TITLE III--ADMINISTRATIVE PROVISIONS

Sec. 301. Conditions on provision of assistance.
Sec. 302. Limitations on provision of assistance.
Sec. 303. Limitation on monitoring.
Sec. 304. Exemption from prohibition on assistance for law enforcement
forces.
Sec. 305. Relationship to other authority.
Sec. 306. Rule of construction.

TITLE IV--SUPPORT ACTIVITIES IN THE UNITED STATES

Sec. 401. Report on reduction of drug demand in the United States.
Sec. 402. Reduction of southbound flow of illegal weapons.
Sec. 403. Reduction of southbound flow of illegal precursor chemicals
and bulk-cash transfers.
Sec. 404. Report.

TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Coordinator of United States Government Activities to
Implement the Merida Initiative.
Sec. 502. Metrics and oversight mechanisms.
Sec. 503. Report.
Sec. 504. Sense of Congress.
Sec. 505. Sunset.

SEC. 2. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees''--
(A) means--
(i) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(ii) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate; and
(B) for purposes of titles IV and V, includes the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate.
(2) Countries of central america.--The term ``countries of
Central America'' means

[[Page H5127]]

Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama and includes Haiti and the Dominican
Republic.
(3) Merida initiative.--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.

TITLE I--ASSISTANCE FOR MEXICO

SEC. 101. FINDINGS.

Congress finds the following:
(1) The drug crisis facing the United States remains a
significant national security threat.
(2) The Government Accountability Office (GAO) estimates
that 90 percent of illegal drugs that enter the United States
come through the Mexico-Central America corridor.
(3) The same smuggling routes that are used to bring
illegal narcotics north are utilized to illegally distribute
arms, precursor chemicals, and bulk cash transfers south.
(4) Drug gangs that operate in the United States, Mexico,
and Central America have become sophisticated and vertically-
integrated operations expert at penetrating the United
States-Mexico border.
(5) Narcotics-related activity and expanding cross-border
trafficking is dangerously undermining the security
environment for our neighbors to the South, as well as in the
United States.
(6) Mexico can and has served as a critical ally and
partner in stemming the flow of illegal narcotics into the
United States. Under the leadership of Mexican President
Felipe Calderon, the United States and Mexico have initiated
an approach of joint responsibility to confront the threat of
illicit narcotics trafficking and organized crime in the
Western Hemisphere.
(7) The spread of illicit narcotics through United States
borders and the violence that accompanies it cannot be halted
without a comprehensive interdiction and security strategy
planned and executed jointly with our southern neighbors.
(8) In March 2007, President George W. Bush and Mexican
President Calderon held a summit in the Mexican City of
Merida and agreed that the United States and Mexico must
expand bilateral and regional cooperation to fight violence
stemming from narcotrafficking and regional criminal
organizations.
(9) On October 22, 2007, the United States and Mexico
issued a joint statement announcing the Merida Initiative, a
program to fight illicit narcotics trafficking and criminal
organizations throughout the Western Hemisphere.
(10) In the joint statement--
(A) Mexico pledged to ``strengthen its operational
capabilities to more effectively fight drug-traffickers and
organized crime'';
(B) the United States pledged ``to intensify its efforts to
address all aspects of drug trafficking (including demand-
related portions) and continue to combat trafficking of
weapons and bulk currency to Mexico''; and
(C) both nations pledged to ``augment cooperation,
coordination, and the exchange of information to fight
criminal organizations on both sides of the border''.
(11) A long-term strategy to adequately contain the
northbound and southbound flows of illicit narcotics along
the United States-Mexico border, as well as protect the vast
and free flow of trade, will require the United States to
partner with its southern neighbors in their efforts to build
the capacity of their own law enforcement agencies and
enhance the rule of law, as well as to fortify United States
illicit narcotics reduction efforts.

SEC. 102. DECLARATIONS OF POLICY.

Congress makes the following declarations:
(1) The Merida Initiative is a critical part of a growing
partnership and strategy of cooperation between the United
States and its southern neighbors to confront the illegal
flow of narcotics as well as violence and organized crime
that it has spawned.
(2) The United States needs to ensure the free flow of
trade between the United States and its critical neighbor,
Mexico, while ensuring that the United States border is
protected from illegal smuggling into the United States.
(3) The United States must intensify efforts to stem the
flow of precursor chemicals, bulk cash, and the so-called
``iron-river'' of arms illegally flowing south, as well as
demand-related aspects of the illicit narcotics phenomenon.
(4) The United States should provide its expertise to meet
immediate security needs along the United States-Mexico
border, fight the production and flow of illicit narcotics,
and support Mexico in its efforts to do the same.
(5) The United States should support the Government of
Mexico's work to expand its own law enforcement to
independently conduct successful counternarcotics and
organized crime-related operations.
(6) The Merida Initiative reflects the belief that Mexican
military involvement is required in the short-term to
stabilize the security situation, but that most aspects of
this problem fall into the realm of law enforcement.
(7) In implementing the Merida Initiative, the United
States should work with its southern neighbors to mitigate
the so-called ``balloon effect'' in which successful
counternarcotics efforts shift narcotics-related activities
to other areas.
(8) The United States should coordinate with the Congress
of the Union of Mexico to ensure full partnership on the
programs authorized under this Act.

Subtitle A--Law Enforcement and Security Assistance

SEC. 111. PURPOSES OF ASSISTANCE.

The purposes of assistance under this subtitle are to--
(1) enhance the ability of the Government of Mexico, in
cooperation with the United States, to control illicit
narcotics production, trafficking, drug trafficking
organizations, and organized crime;
(2) help build the capacity of law enforcement forces of
Mexico to control illicit narcotics production, trafficking,
drug trafficking organizations, and organized crime;
(3) aid the support role that the armed forces of Mexico is
providing to law enforcement agencies of Mexico as the
security situation in Mexico is initially stabilized;
(4) protect and secure the United States-Mexico border, and
control illegal activity going south as well as north;
(5) strengthen the bilateral and regional ties of the
United States with Mexico and the countries of Central
America by assuming shared responsibility and offering
concrete assistance in this area of great mutual concern;
(6) strengthen respect for internationally recognized human
rights and the rule of law in efforts to stabilize the
security environment relating to illicit narcotics production
and trafficking and organized crime; and
(7) support the judicial branches of the Government of
Mexico and the countries of Central America, as well as
support anti-corruption efforts in those countries; and
(8) respond to the direct requests of the Government of
Mexico that the United States reduce the demand for illicit
narcotics in the United States, stem the flow of illegal arms
into Mexico from the United States, stem the flow of illegal
bulk-cash transfers into Mexico from the United States, and
stem the flow of illegal precursor chemicals into Mexico from
the United States.

SEC. 112. AUTHORIZATION OF ASSISTANCE.

To carry out the purposes of section 111, the President is
authorized to provide assistance for Mexico to support the
activities described in section 113.

SEC. 113. ACTIVITIES SUPPORTED.

(a) In General.--Activities that may be supported by
assistance under section 112 include the following:
(1) Counternarcotics and countertrafficking.--To assist in
building the capacity of law enforcement and security forces
of Mexico to eradicate illicit narcotics trafficking and
reduce trafficking-fueled violence, including along the
United States-Mexico border, including assistance such as--
(A) radar and aerial surveillance equipment;
(B) land and maritime interdiction equipment and training,
including--
(i) transport helicopters and night-operating capabilities;
(ii) surveillance platform planes; and
(iii) maintenance and training relating to maintenance of
aircraft; and
(C) training of security and law enforcement units to plan
and execute counternarcotics operations.
(2) Port, airport, and related security.--To assist in
monitoring and controlling the United States-Mexico border
and the border between Mexico and Central America to combat
illicit narcotics trafficking, including assistance such as--
(A) computer infrastructure and equipment;
(B) secure communications networks; and
(C) nonintrusive monitoring technology.
(3) Operational technology.--
(A) Assistance objectives.--To assist in investigation and
collection of intelligence against illicit drug trafficking
organizations, including--
(i) expansion of intelligence databases; and
(ii) hardware, operating systems, and training for updating
the communications networks of security agencies.
(B) Sense of congress.--It is the sense of Congress that--
(i) operational technology transferred to the Government of
Mexico for intelligence or law enforcement purposes should be
used solely for the purposes for which the operational
technology was intended; and
(ii) the United States should take all necessary steps to
ensure that use of operational technology described in clause
(i) is consistent with United States law, including
protections of freedom of expression, freedom of movement,
and freedom of association.
(4) Public security and law enforcement.--To assist in the
modernization of law enforcement entities and prevent crime,
including assistance and activities such as--
(A) law enforcement training and equipment, including--
(i) transport helicopters;
(ii) surveillance aircraft, including Cessna Caravan light
utility aircraft;
(iii) nonintrusive inspection equipment; and
(iv) human rights training for law enforcement units;
(B) enhancement of the Government of Mexico's financial
intelligence unit;
(C) safety-related equipment for law enforcement officers
and prosecutors, including protective vests and helmet sets;
(D) reduction of drug demand in Mexico, including
activities such as--

[[Page H5128]]

(i) assistance to the National Council Against Addictions
(CONADIC) to establish an Internet web-based support network;
(ii) establishment of a national data center to support the
CONADIC; and
(iii) training of CONADIC and other agency staff in best
practices and outreach and treatment programs, and design of
a methodology to implement best practices in conjunction with
the National Network for Technological Transfers in
Addiction.
(b) Provision of Helicopters.--Funds made available to
carry out this subtitle to provide helicopters to the
Government of Mexico, shall, to the extent possible, be used
to procure or provide helicopters that are of a similar
manufacture to those helicopters already in the possession of
the Government of Mexico in order to facilitate integration
of those assets into Mexico's existing air fleet.
(c) Sense of Congress.--It is the sense of Congress that
the United States shall ensure, to the extent possible, that
assistance under this subtitle is made available and cross-
utilized by the armed forces of Mexico and relevant law
enforcement agencies of the Government of Mexico, including
the Mexican Office of the Attorney General.

SEC. 114. LIMITATION ON ASSISTANCE.

(a) Limitation.--No assistance may be provided under this
subtitle to any unit of the armed forces of Mexico or any
unit of the law enforcement agencies of Mexico if the
Secretary of State determines that, consistent with section
620J of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d),
there is credible evidence that such unit has committed gross
violations of human rights.
(b) Exception.--The limitation in subsection (a) shall not
apply if the Secretary of State determines and reports to the
appropriate congressional committees that the Government of
Mexico is taking effective measures to bring the responsible
members of the unit of the armed forces or law enforcement
agencies, as the case may be, to justice.

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--To carry out this subtitle, there are
authorized to be appropriated to the President $350,000,000
for fiscal year 2008, $390,000,000 for fiscal year 2009, and
$40,000,000 for fiscal year 2010.
(b) Limitation.--
(1) In general.--Of the amounts appropriated pursuant to
the authorization of appropriations under subsection (a)--
(A) not more than $205,000,000 may be provided as
assistance for the armed forces of Mexico for 2008;
(B) not more than $120,000,000 may be provided as
assistance for the armed forces of Mexico for 2009; and
(C) not more than $9,000,000 may be provided as assistance
for the armed forces of Mexico for 2010.
(2) Additional limitation.--None of the funds appropriated
pursuant to the authorization of appropriations under
subsection (a) for fiscal year 2009 may be provided as
assistance for the Mexican Secretariat of Public Security
until the President determines that the Mexican National
Registry of Police Personnel (Registro Nacional de Personal
Policial) is operational at the federal, state, and local
levels.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapter 8 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et
seq.).

Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions

SEC. 121. SENSE OF CONGRESS.

It is the sense of Congress that, as a critical part of a
joint, comprehensive security, counternarcotics, and
organized crime initiative, the United States should
support--
(1) programs of the United States Agency for International
Development and other United States agencies focused on
strengthening civilian institutions and rule of law programs
in Mexico at the federal, state, and local levels; and
(2) anti-corruption, transparency, and human rights
programs to ensure due process and expand a culture of
lawfulness in Mexico.

SEC. 122. AUTHORIZATION OF ASSISTANCE.

The President is authorized to provide assistance for
Mexico to support the activities described in section 123.

SEC. 123. ACTIVITIES SUPPORTED.

Activities that may be supported by assistance under
section 122 include the following:
(1) Institution building and rule of law.--To assist
Mexico's efforts to expand the rule of law and build the
capacity, transparency, and trust in government institutions,
including assistance such as--
(A) rule of law and systemic improvements in judicial and
criminal justice sector institutions, including--
(i) courts management and prosecutorial capacity building;
(ii) prison reform activities, including those relating to
anti-gang and anti-organized crime efforts;
(iii) anti-money laundering programs;
(iv) victim and witness protection and restitution; and
(v) promotion of transparent oral trials via training for
the judicial sector;
(B) police professionalization, including--
(i) training regarding use of force;
(ii) human rights education and training;
(iii) training regarding evidence preservation and chain of
custody; and
(iv) enhanced capacity to vet candidates;
(C) support for the Mexican Office of the Attorney General,
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.
(2) Anti-corruption, transparency, and human rights.--To
assist law enforcement and court institutions in Mexico to
develop mechanisms to ensure due process and proper oversight
and to respond to citizen complaints, including assistance
such as--
(A) enhancement of polygraph capability in the Mexican
Police agency (SSP);
(B) support for greater transparency and accountability in
the Mexican legal system, including--
(i) establishment of a center in the Mexican Office of the
Attorney General for receipt of citizen complaints;
(ii) establishment of clerk of the court system to track
cases and pretrial detentions;
(iii) reorganization of human and financial resources
systems; and
(iv) equipping and training of criminal investigators; and
(C) promotion of human rights, including--
(i) support for human rights organizations, bar
associations, and law schools; and
(ii) training for police, prosecutors, and corrections
officers.
(3) Prevention.--To assist in the prevention of individuals
from participating in illicit narcotics-related violent
activities, such as--
(A) establishment of programs that address domestic
violence and increase school attendance rates; and
(B) expansion of intervention programs, including after-
school programs and programs for at-risk and criminal
involved youth.
(4) Development.--To assist in the development of areas
where lack of jobs breeds illicit narcotics-related violence,
including--
(A) expansion of alternative livelihood programs, including
job creation programs and rural development programs and the
provision of microenterprise development assistance under
title VI of chapter 2 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2211 et seq.); and
(B) establishment of gang reeducation and training
programs.

SEC. 124. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--To carry out this subtitle, there are
authorized to be appropriated to the President $120,000,000
for fiscal year 2008, $100,000,000 for fiscal year 2009, and
$110,000,000 for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapter 8 of part I
of the Foreign Assistance Act of 1961.

TITLE II--ASSISTANCE FOR COUNTRIES OF CENTRAL AMERICA

SEC. 201. FINDINGS.

Congress finds the following:
(1) A May 2007 report by the United Nations Office on Drugs
and Crime (UNODC) argues that countries of Central America
are particularly vulnerable to violent crimes fueled by
illicit narcotics trafficking and corruption because such
countries are geographically located between the world's
largest drug producing and drug consuming countries.
(2) According to Assistant Secretary of State for Western
Hemisphere Affairs Thomas Shannon, ``[T]he nations of Central
America have committed to collective action to address these
common security concerns. Through the Central American
Integration System (SICA), the governments have expressed the
political resolve to join forces to strengthen regional
security; however they lack sufficient tools and capacity to
execute such will.''.
(3) Crime and violence in Central America has increased in
recent years.
(4) In 2005, the estimated murder rate per 100,000 people
was roughly 56 in El Salvador, 41 in Honduras, and 38 in
Guatemala.
(5) Youth gang violence has been one of the major factors
contributing to increased violence in Central America, with
the United States Southern Command estimating that there are
70,000 gang members in Central America.
(6) Many Central American youth gangs are transnational and
negatively impact both Central America and the United States.
(7) Youth gang violence cannot be curbed only through
enforcement, but must also include a substantial investment
in prevention, rehabilitation, and reintegration.
(8) Deportees sent from the United States back to Central
America, while not a central cause of crime and violence, can
contribute to crime and violence in Central America.
(9) Guatemala has experienced a surge in murders of women
in recent years, many of which have been committed by illicit
narcotics traffickers and other organized criminals.
(10) Violence between partners, particularly violence by
men against their wives or girlfriends, is widespread in
Central America, and an international violence against

[[Page H5129]]

women survey comparing selected countries in Africa, Latin
America, Europe, and Asia found that 60 percent of women in
Costa Rica--often considered the least violent country in
Central America--reported having experienced domestic
violence during their lives.
(11) Weak justice systems in the countries of Central
America have led to a high level of impunity in Central
America.
(12) The United Nations International Commission against
Impunity in Guatemala (CICIG) was recently created to begin
to address impunity related to illegally armed groups in
Guatemala.
(13) The United States and the Central American Integration
System (SICA) signed an agreement in July 2007 to improve
intelligence sharing and policing and to institutionalize
dialogue on regional security.

SEC. 202. DECLARATIONS OF POLICY.

Congress makes the following declarations:
(1) A long-term United States strategy to curb illicit
narcotics trafficking must include Central America, which is
the corridor for 90 percent of the cocaine that transits from
South America to the United States.
(2) It is in the interest of the United States to support a
long-term commitment to assisting the countries of Central
America to improve security by combating illicit narcotics
trafficking, investing in prevention programs, increasing
intelligence sharing, improving regional security
coordination, improving border and customs capabilities,
professionalizing police, justice, and other government
officials, and funding programs to reintegrate deportees from
the United States.
(3) The countries of Central America are committed to
combating illicit narcotics trafficking and its related
violence and crime, including gang violence, and the United
States must seize the opportunity to work in partnership with
Central America.

Subtitle A--Law Enforcement and Security Assistance

SEC. 211. PURPOSES OF ASSISTANCE.

The purposes of assistance authorized by this subtitle are
to--
(1) enhance the ability of governments of countries of
Central America to control illicit narcotics production,
trafficking, illicit drug trafficking organizations, and
organized crime;
(2) help build the capacity of law enforcement agencies of
the countries of Central America to control illicit narcotics
production, trafficking, illicit drug trafficking
organizations, and organized crime;
(3) strengthen the bilateral ties of the United States with
the countries of Central America by offering concrete
assistance in this area of great mutual concern;
(4) strengthen respect for internationally recognized human
rights and the rule of law in efforts to stabilize the
security environment relating to illicit narcotics production
and trafficking and organized crime; and
(5) support the judicial branch of governments of the
countries of Central America, as well as to support anti-
corruption efforts in such countries.

SEC. 212. AUTHORIZATION OF ASSISTANCE.

To carry out the purposes of section 211, the President is
authorized to provide assistance for the countries of Central
America to support the activities described in section 213.

SEC. 213. ACTIVITIES SUPPORTED.

Activities that may be supported by assistance under
section 212 include the following:
(1) Counternarcotics, countertrafficking, and related
security.--
(A) Assistance objectives.--To assist in the following:
(i) Investigation and collection of intelligence against
illicit narcotics trafficking.
(ii) Combating illegal trafficking in arms.
(iii) Prevention of bulk currency smuggling.
(iv) Collection of information on crime and establishment
of a regional database.
(B) Assistance.--Activities under subparagraph (A) may
include--
(i) automated fingerprint identification systems (AFIS);
(ii) vetting sensitive investigative units to collaborate
on counternarcotics at the federal, state, and local levels;
(iii) technical assistance to develop strong and effective
financial crimes investigation units;
(iv) maritime security support, including refurbishing and
procuring patrol boats;
(v) firearms interdiction training; and
(vi) illicit narcotics demand reduction programs.
(2) Public security and law enforcement.--To assist in
building the capacity of the police in countries of Central
America, supporting efforts to combat transnational gangs,
investing in gang prevention and rehabilitation programs, and
programs for the reintegration of deportees, including
assistance such as--
(A) funding to continue the United States-Central American
Integration System (SICA) Dialogue;
(B) youth gang prevention activities, including targeted
education for at-risk youth, vocational training and funding
of community centers in areas with high youth gang violence
rates and other risk factors;
(C) programs to reintegrate deportees from the United
States back into the societies of their home countries to
avoid further criminal activity;
(D) transnational anti-gang initiatives;
(E) police professionalization, including--
(i) training regarding use of force;
(ii) human rights education and training;
(iii) training regarding evidence preservation and chain of
custody; and
(iv) enhanced capacity to vet candidates;
(F) utilization of the International Law Enforcement
Academy (ILEA) in El Salvador consistent with traditional
respect for human rights and professional police practices;
(G) police training programs of the Organization of
American States (OAS );
(H) police equipment, including communications equipment;
and
(I) anti-domestic violence education programs and women's
shelters.

SEC. 214. LIMITATION ON ASSISTANCE.

(a) Limitation.--No assistance may be provided under this
subtitle to any unit of the armed forces of a country of
Central America or any unit of the law enforcement agencies
of a country of Central America if the Secretary of State
determines that, consistent with section 620J of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d), there is credible
evidence that such unit has committed gross violations of
human rights.
(b) Exception.--The limitation in subsection (a) shall not
apply if the Secretary of State determines and reports to the
appropriate congressional committees that the government of
the relevant country of Central America is taking effective
measures to bring the responsible members of the unit of the
armed forces or law enforcement agencies, as the case may be,
to justice.

SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--To carry out this subtitle, there are
authorized to be appropriated to the President $60,000,000
for fiscal year 2008, $80,000,000 for fiscal year 2009, and
$80,000,000 for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds under chapters 2 and 8 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2166 and 2291
et seq.).
(c) Limitation.--Of the amounts appropriated pursuant to
the authorization of appropriations under subsection (a) for
any fiscal year, at least $15,000,000 should be made
available to carry out section 213(2)(B).

Subtitle B--Assistance to Enhance the Rule of Law and Strengthen
Civilian Institutions

SEC. 221. AUTHORIZATION OF ASSISTANCE.

The President is authorized to provide assistance for the
countries of Central America to support the activities
described in section 222.

SEC. 222. ACTIVITIES SUPPORTED.

Activities that may be supported by assistance under
section 221 include assistance in building the capacity,
transparency, and trust in the justice system of the
countries of Central America and reducing high impunity rates
in the countries of Central America, including assistance
such as--
(1) improved police academies and entry level training on
crime investigations;
(2) courts management and prosecutor capacity building;
(3) witness and victim protection programs, including in
Guatemala in coordination with the United Nations
International Commission Against Impunity in Guatemala
(CICIG);
(4) programs to enhance transparency in the procedures to
designate and remove personnel in the recipient country's
judicial system;
(5) prosecutor and judge protection programs, including in
Guatemala and in coordination with the CICIG;
(6) short-term assignment of United States Government
personnel to the CICIG to provide technical assistance for
criminal investigations, specifically but not limited to
investigations involving money laundering so long as this
assignment does not negatively impact United States domestic
operations;
(7) regional juvenile justice reform;
(8) prison management;
(9) programs to rehabilitate gang members released from
prison, including job training; and
(10) community policing, including human rights and use of
force training for community policing projects.

SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--To carry out this title, there are
authorized to be appropriated to the President $40,000,000
for fiscal year 2008, $50,000,000 for fiscal year 2009, and
$95,000,000 for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such
purposes, including funds available under chapters 2 and 8 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2166
and 2291 et seq.).

TITLE III--ADMINISTRATIVE PROVISIONS

SEC. 301. CONDITIONS ON PROVISION OF ASSISTANCE.

(a) In General.--The President may not provide assistance
under title I or II to a foreign country for a fiscal year
until the end of a 15-day period beginning on the date on
which the President transmits to the appropriate
congressional committees a determination that the
requirements described in

[[Page H5130]]

subsection (b) have been met with respect to the government
of such foreign country for such fiscal year.
(b) Required Determination.--The requirements referred to
in subsection (a) are the following:
(1) The provision of assistance will not adversely affect
the human rights situation in the foreign country.
(2) Vetting procedures are in place to ensure that members
and units of the armed forces and law enforcement agencies of
the foreign country that may receive assistance under title I
or II have not been involved in human rights violations.
(3) The civilian authority in the foreign country is
investigating and prosecuting any member of any government
agency or entity receiving assistance under title I or II who
has been credibly alleged to have committed human rights
violations on or after the date of the enactment of this Act.
(4) Equipment and material provided as support is being
used only by officials and employees of the government of the
foreign country who have been approved by such government to
perform counternarcotics activities, including on the basis
of the background investigations by such government.
(5) The government of the foreign country has cooperated
with the Secretary of State to ensure that--
(A) the equipment and material provided as support will be
used only by the officials and employees referred to in
paragraph (4);
(B) none of the equipment or material will be transferred
(by sale, gift, or otherwise) to any person or entity not
authorized by the United States to receive the equipment or
material; and
(C) the equipment and material will, to the extent
possible, be used for the purposes intended by the United
States Government and will be utilized by those agencies for
which such assistance is intended.
(6) The government of the foreign country has implemented,
in consultation with the Secretary of State, a system that
will provide an accounting and inventory of the equipment and
material provided as support.
(7) The government of the foreign country will, along with
United States personnel, conduct periodic observation and
review of the use of the equipment and material provided as
support under terms and conditions similar to the terms and
conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314(a)(3)).
(8) To the extent the foreign country has received
equipment in the past, it has utilized the equipment properly
and in a manner that warrants additional provision of
equipment or assistance.

SEC. 302. LIMITATIONS ON PROVISION OF ASSISTANCE.

(a) Sense of Congress.--It is the sense of Congress that--
(1) activities undertaken under titles I and II of this Act
should be performed wherever possible 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, to the maximum extent
possible, the number of United States civilians and foreign
nationals retained as contractors in a recipient country.
(b) Limitations.--Except as provided in subsection (c)--
(1) none of the funds made available to carry out title I
may be available for the employment of any United States
individual civilian retained as a contractor in Mexico or any
foreign national retained as a contractor if that employment
would cause the total number of individual civilian
contractors employed in Mexico in support of the Merida
Initiative who are funded by United States funds to exceed
50;
(2) none of the funds made available to carry out title II
may be available for the employment of any United States
individual civilian retained as a contractor in a country of
Central America or any foreign national retained as a
contractor if that employment would cause the total number of
individual civilian contractors employed in all countries of
Central America in support of the Merida Initiative who are
funded by United States funds to exceed 100; and
(3) none of the funds made available under this Act shall
be made available for budget support or cash payments.
(c) Exception.--The limitations contained in subsection (b)
shall not apply if the President determines that it is in the
national interest of the United States that such limitations
shall not apply and transmits to the appropriate
congressional committees a notification thereof.

SEC. 303. LIMITATION ON MONITORING.

Beginning on October 1, 2009, no surveillance-related
equipment may be transferred under this Act to any entity of
Mexico or a country of Central America unless the President
determines that the recipient country has cooperated with the
United States to ensure that such equipment will be used
principally for the purposes for which it is provided.

SEC. 304. EXEMPTION FROM PROHIBITION ON ASSISTANCE FOR LAW
ENFORCEMENT FORCES.

Notwithstanding section 660 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2420; relating to the prohibition on
assistance to foreign law enforcement forces), the President
may provide assistance under title I or II if, at least 15
days before providing the assistance, the President notifies
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate, in accordance with the procedures applicable to
reprogramming notifications pursuant to section 634A of the
Foreign Assistance Act (22 U.S.C. 2394-1), that (1) it is in
the national interest to provide such assistance, and (2) the
recipient country is making significant progress to
eliminating any human rights violations.

SEC. 305. RELATIONSHIP TO OTHER AUTHORITY.

(a) Assistance Under Title I.--The authority to provide
assistance under title I is in addition to any other
authority to provide assistance for Mexico.
(b) Assistance Under Title II.--The authority to provide
assistance under title I is in addition to any other
authority to provide assistance for the countries of Central
America.

SEC. 306. RULE OF CONSTRUCTION.

Nothing in title I or II shall 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.

TITLE IV--SUPPORT ACTIVITIES IN THE UNITED STATES

SEC. 401. REPORT ON REDUCTION OF DRUG DEMAND IN THE UNITED
STATES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) supply-side drug reduction strategies when executed
alone are not an effective way to fight the phenomenon of
illegal narcotics;
(2) the Government of Mexico has identified reduction of
United States drug demand as among the most important
contributions the United States can make to a joint strategy
to combat illicit narcotics trafficking; and
(3) the United States pledged in the United States-Mexico
October 2007 Joint Statement on the Merida Initiative, to
``intensify its efforts to address all aspects of drug
trafficking (including demand related portions)'' here in the
United States.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report on the measures
taken to intensify United States efforts to address United
States demand-related aspects of the drug-trafficking
phenomenon in accordance with the Joint Statement on the
Merida Initiative announced by the United States and Mexico
on October 22, 2007.

SEC. 402. REDUCTION OF SOUTHBOUND FLOW OF ILLEGAL WEAPONS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) much of the increased violence in Mexico is perpetrated
using firearms and ammunition smuggled illegally from the
United States into Mexico;
(2) the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) has told Congress of an ``iron river of guns'' with
thousands of weapons per week illegally crossing into Mexico
from the United States;
(3) more than 90 percent of the guns confiscated yearly in
Mexico originate in the United States and approximately 40
percent of the total trafficked weapons are linked to drug
trafficking organizations;
(4) along the 2,000 mile border from Brownsville, Texas, to
San Diego, California, there are 6,700 licensed gun sellers,
but only 100 Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) special agents to investigate allegations of
weapons trafficking and only 35 inspectors to ensure
compliance with United States laws;
(5) on January 16, 2008, ATF announced that it will add 25
special agents and 15 inspectors to their Project Gunrunner
along the Southwest Border. And, the ATF budget request for
fiscal year 2009 includes funding for another 12 inspectors;
and
(6) an effective strategy to combat these illegal arms
flows is a critical part of a United States contribution to a
jointly executed anti-narcotics strategy with Mexico.
(b) Project Gunrunner Initiative.--
(1) In general.--The Attorney General shall, to the extent
amounts are made available to carry out this subsection
pursuant to paragraph (4), use such amounts for the Project
Gunrunner initiative (hereafter in this subsection referred
to as the ``initiative'') of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to expand the resources provided to
identify, investigate, and prosecute individuals involved in
the trafficking of firearms across the United States-Mexico
border.
(2) Activities.--In carrying out paragraph (1), the
Attorney General shall--
(A) assign additional agents of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to the area of the United
States adjacent to the United States-Mexico border to support
the expansion of the initiative;
(B) establish not fewer than 1 initiative team in each
State along the United States-Mexico border; and
(C) coordinate with the heads of other relevant federal law
enforcement agencies and State and local law enforcement
agencies to address firearms trafficking in a comprehensive
manner.
(3) Additional staff.--The Attorney General may hire
additional persons to be Bureau of Alcohol, Tobacco,
Firearms, and Explosives agents for, and may use such other
resources as may be necessary to adequately support, the
initiative.

[[Page H5131]]

(4) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Attorney General $15,000,000 for each of the fiscal years
2008 through 2010.
(c) Enhanced International Cooperation.--
(1) In general.--In carrying out this subsection, the
Attorney General, in cooperation with the Secretary of State,
is authorized and encouraged, as appropriate, to--
(A) assign agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to the United States mission in
Mexico, specifically in areas adjacent to the United States-
Mexico border, to work with Mexican law enforcement agencies
in conducting investigations relating to firearms trafficking
and other criminal enterprises;
(B) provide the equipment and technological resources
necessary to support investigations and to trace firearms
recovered in Mexico; and
(C) support the training of vetted Mexican law enforcement
officers in serial number restoration techniques and canine
explosive detection.
(2) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Attorney General $9,500,000 for each of the fiscal years 2008
through 2010.

SEC. 403. REDUCTION OF SOUTHBOUND FLOW OF ILLEGAL PRECURSOR
CHEMICALS AND BULK-CASH TRANSFERS.

It is the sense of Congress that--
(1) a significant quantity of precursor chemicals used in
the production of illegal narcotics flows south from the
United States to Mexico;
(2) the Government of Mexico has identified reduction of
southbound flows from the United States of precursor
chemicals and bulk-cash transfers as a critical component of
its anti-narcotics strategy; and
(3) an effective strategy to combat these illegal flows is
a critical part of a United States contribution to a jointly
executed anti-narcotics strategy with Mexico.

SEC. 404. REPORT.

Not later than 180 days after the date of the enactment of
this Act, the President shall transmit to the appropriate
congressional committees a report on the measures taken to
combat the southbound flow of illegal precursor chemicals and
bulk cash transfers into Mexico.

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES
TO IMPLEMENT THE MERIDA INITIATIVE.

(a) Declaration of Policy.--Congress declares that the
Merida Initiative is a Department of State-led initiative
which combines programs of numerous United States Government
departments and agencies and therefore requires a single
individual to coordinate and track all Merida-related efforts
government-wide to help avoid duplication and facilitate
accountability to Congress.
(b) Designation of High-Level Coordinator.--
(1) In general.--The President shall designate, within the
Department of State, a Coordinator of United States
Government Activities to Implement the Merida Initiative
(hereafter in this section referred to as the
``Coordinator'') who shall be responsible for--
(A) designing an overall strategy to advance the purposes
of this Act;
(B) ensuring program and policy coordination among agencies
of the United States Government in carrying out the policies
in Mexico and Central America set forth in this Act;
(C) ensuring that efforts of the United States Government
under this Act in Mexico and Central America are in full
consonance with the efforts of the Government of Mexico and
the governments of Central America in implementing the Merida
Initiative;
(D) tracking all United States Government assistance which
fulfills the goals of the Merida Initiative or is closely
related to the goals of the Merida Initiative, including
information required under section 620J of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) with respect to
Mexico and the countries of Central America;
(E) coordinating among agencies of the United States
Government on all United States assistance to Mexico and the
countries of Central America, including assistance from other
relevant government agencies, which fulfills the goals of the
Merida Initiative to avoid duplication or conflict among
programs; and
(F) consulting with the Attorney General with respect to
the activities of Federal, State, and local law enforcement
authorities in the United States related to the goals of the
Merida Initiative, particularly along the United States-
Mexico border.
(2) Rank and status of the coordinator.--The Coordinator
shall have the rank and status of ambassador.

SEC. 502. METRICS AND OVERSIGHT MECHANISMS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) to successfully support building the capacity of
recipient countries' civilian security institutions, enhance
the rule of law in recipient countries, and ensure the
protection of human rights, the President should establish
metrics and oversight mechanisms to track the effectiveness
of activities undertaken pursuant to this Act;
(2) long-term solutions to Mexico and Central America's
security problems depend on strengthening and holding
accountable civilian institutions;
(3) it is difficult to assess the impact of United States
assistance towards these goals absent specific oversight and
monitoring mechanisms; and
(4) the President, in developing metrics, should consult
with Congress as well as the Government of Mexico and the
Central American Integration System (SICA).
(b) Requirement.--The President shall develop metrics to
identify, track, and manage the progress of activities
authorized pursuant to this Act and use these metrics to
determine the allocation of resources for such activities.
(c) Initial Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report that
specifies metrics of achievement for each activity to be
undertaken under this Act.
(2) Contents of report.--The report shall be divided into
two sections, the first addressing those activities
undertaken pursuant to subtitle A of title I and subtitle A
of title II, and the second addressing those activities
undertaken pursuant to subtitle B of title I and subtitle B
of title II. Metrics may include the following:
(A) Indicators on long-term effectiveness of the equipment
and training provided to Mexican and Central American
security institutions.
(B) Statistics of counter narcotics-related arrests.
(C) Number of interdictions of drug shipments.
(D) Specific progress on police reform.
(E) Counternarcotics-related arrests.
(F) Quantification of reduction of supply of illicit
narcotics into the United States.
(G) Cross-utilization, if any, of equipment among the armed
forces and law enforcement entities.
(H) Increased school attendance rates.
(I) Attendance in primary prevention programs
(J) The level of cooperation among United States, Mexican,
and Central American law enforcement agencies.

SEC. 503. REPORT.

(a) In General.--The President shall transmit to the
appropriate congressional committees a report concerning the
programs and activities carried out under this Act during the
preceding fiscal year. The first report shall be transmitted
not later than 180 days after the date of the enactment of
this Act and subsequent reports shall be transmitted not
later than October 31 of each year thereafter.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) Metrics.--A general description of the progress in
stabilizing the security situation in each recipient country
as well as combating trafficking and building its capacity
based on the metrics developed under section 502.
(2) Coordination.--Efforts of the United States Government
to coordinate its activities pursuant to section 501,
including--
(A) a description of all counternarcotics and organized
crime assistance provided to recipient countries in the
previous fiscal year;
(B) an assessment of how such assistance was coordinated;
and
(C) recommendations for improving coordination.
(3) Transfer of equipment.--A description of the transfer
of equipment, including--
(A) a description of the progress of each recipient country
toward the transfer of equipment, if any, from its armed
forces to law enforcement agencies;
(B) a list of organizations that have used the air assets
provided to the government of each recipient country, and, to
the extent possible, a detailed description of those agencies
that have utilized the air assets, including a breakdown of
the percentage of use by each agency; and
(C) a description of training of law enforcement agencies
to operate equipment, including air assets.
(4) Human rights.--Consistent with sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)) and section 504 of the Trade Act of
1974 (19 U.S.C. 2464), an assessment of the human rights
impact of the equipment and training provided under this Act,
including--
(A) a list of accusations of serious human rights abuses
committed by the armed forces and law enforcement agencies of
recipient countries from the date of enactment of this Act;
and
(B) a description of efforts by the government of recipient
countries to investigate and prosecute allegations of abuses
of human rights committed by any agency of the recipient
countries.
(5) Effectiveness of equipment.--An assessment on the long-
term effectiveness of the equipment and maintenance packages
and training provided to each recipient country's security
institutions.
(6) Mexico public security strategy.--A description of
Mexico's development of a public security strategy,
including--
(A) an update on the effectiveness of the Mexican federal
Registry of Police Personnel to vet police recruiting at the
National, state, and municipal levels to prevent rehiring
from one force to the next after dismissal for corruption and
other reasons; and

[[Page H5132]]

(B) an assessment of how the Merida Initiative complements
and supports the Mexican Government's own public security
strategy.
(7) Flow of illegal arms.--A description of efforts to
reduce the southbound flow of illegal arms.
(8) Use of contractors.--A detailed description of
contracts awarded to private companies to carry out
provisions of this Act, including--
(A) a description of the number of United States and
foreign national civilian contractors awarded contracts;
(B) a list of the total dollar value of the contracts; and
(C) the purposes of the contracts.
(9) Central american regional security plan.--A description
of implementation by the countries of Central America of the
Central American Regional Security Plan, including an
assessment of how the Merida Initiative complements and
supports the Central American Regional Security Plan.
(10) Phase out of law enforcement activities.--A
description of the progress of phasing out law enforcement
activities of the armed forces of each recipient country.
(11) Displacement and diversion of drug trafficking
patterns.--A description of any displacement effect and
diversion of drug trafficking patterns from Mexico and the
countries of Central America to other routes, including
through potentially vulnerable Caribbean countries.
(12) Impact on border violence and security.--A description
of the impact that activities authorized under this Act have
had on violence against United States and Mexican border
personnel and the extent to which these activities have
increased the protection and security of the United States-
Mexico border.

SEC. 504. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the United States Government requires an effective
public diplomacy strategy to explain the purposes of the
Merida Initiative; and
(2) to the extent practicable, the Secretary of State, in
coordination with other relevant heads of agencies, shall
design and implement a public diplomacy campaign regionally
regarding the Merida Initiative.

SEC. 505. SUNSET.

The authority of this Act shall expire after September 30,
2010.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. BERMAN. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. BERMAN. Madam Speaker, I rise in strong support of this bill and
yield myself as much time as I may consume.
Madam Speaker, the drug crisis facing the United States remains a top
national security threat. The GAO states that 90 percent of illegal
drugs entering our country transit the Central American-Mexican
corridor.
Drug gangs that operate in the United States, Mexico, and Central
America are dangerously undermining the security environment for our
neighbors to the south, and the spillover effects on our own soil are
undeniable.
President Calderon of Mexico made a brave decision early in his
presidency to fight illegal narcotics in a way that no Mexican
government had done before, and he and his countrymen have paid a high
price for it. Drug cartels have been blamed for 6,000 deaths in two-
and-a-half years in Mexico alone, 4,000 of them in the year-and-a-half
since Mr. Calderon assumed the presidency.
A significant percentage of these deaths are law enforcement
personnel, outgunned and outspent from the proceeds of illegal drugs.
There seems to be no limit to the brazenness of the drug gangs. A month
ago, the chief of Mexico's Federal police was shot dead in his own
home.
It is high time for the United States to do more than applaud
President Calderon's courage. We must work together to tackle this
difficult problem.
President Bush and President Calderon met in the Mexican city of
Merida last year to craft a new and innovative proposal to confront
this scourge. That proposal is largely reflected in the legislation we
have before us today.
The central tenet of this bill is that, while the violence must stop
and security must be restored, the ultimate solution to this problem
lies in respect for the rule of law and the strength of institutions
charged with upholding it.

{time} 1145

H.R. 6028 represents the U.S. implementation of a new partnership
with Mexico and Central American countries to face the immediate
security threat of drug gangs, help these neighbors build the capacity
of their law enforcement agencies, and enhance the rule of law in the
region.
As many of my colleagues know, the supplemental appropriations bill
includes funding for year one of the Merida Initiative, but the
legislation before us today authorizes the full 3 years of this plan in
an exhaustive and complete manner necessary to undertake this critical
partnership with our southern neighbors.
For example, this legislation authorizes $1.6 billion over 3 years in
the areas of counter-narcotics, the fight against organized crime, law
enforcement modernization, institution building, and rule of law
support.
Mexico has requested that the U.S. provide certain high-tech
equipment. And in this bill we authorize transport helicopters with
night operating capabilities, aerial and radar surveillance equipment,
land and maritime interdiction equipment, and secure communication
networks.
This legislation supports a variety of programs designed to enhance
the transparency and capacity of civilian institutions at the Federal,
State and local level. They include assistance in courts management,
prison reform, money laundering capabilities, witness protection, and
police professionalization. The latter emphasizes human rights and use
of force training, as well as forensics and polygraph capabilities.
In the realm of prevention, the bill supports programs to increase
school attendance and expansion of intervention programs. It also seeks
to promote development in areas where joblessness feeds the narcotics
problem, including alternative livelihood and rural development
efforts.
It concentrates considerable funding in the fragile Central America
region, as well as in Haiti and the Dominican Republic, in programs
tailored to that region's specific needs.
The legislation contains significant human rights safeguards as well
as end-use monitoring provisions for equipment and training. It
provides no cash transfers.
It calls on the President to devise standards up front that will be
used to measure the success of the initiative, and to regularly report
to Congress on progress made toward meeting these standards.
Significantly, because this was a specific request from our Mexican
neighbors, the legislation bolsters by $73.5 million America's efforts
to stem the illegal flow of arms going south by significantly expanding
ATF's Project Gun Runner.
Finally, the bill establishes a coordinator for the initiative to
provide accountability and harmonize its wide-ranging programs.
Perhaps most importantly the legislation recognizes that the spread
of illicit drugs through Mexico and Central America and into the United
States, as well as the violence that accompanies it, cannot be halted
without a comprehensive interdiction and security strategy planned and
executed jointly with our southern neighbors. Madam Speaker, with this
authorization of the Merida Initiative we demonstrate our Nation's
commitment to work closely with our friends and neighbors to the south
in a meaningful and long-term fashion to battle illegal narcotics.
I strongly urge all my colleagues to support this legislation.
Madam Speaker, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise as a proud cosponsor of the Merida Initiative
to Combat Illicit Narcotics and Reduce Organized Crime Authorization
Act of 2008.
Based on co-responsibility and cooperation, the Merida Initiative
creates an invaluable partnership between the United States, Mexico,
the rest of

[[Page H5133]]

Central America, Haiti, and the Dominican Republic to work together to
fight illicit drugs and organized crime. It is a historic opportunity,
an essential collaboration between all of our countries to present a
united front against the drug cartels and the gangs who callously
threaten the safety and future of our communities every day.
The growing operational and financial capabilities of these groups
pose a clear and present threat to the lives and well-being of our
citizens. By supporting this authorization, we are supporting the goals
of the Merida Initiative to confront these dangers. Furthermore, we are
supporting the goals of our friends in Mexico, Central America, Haiti
and the Dominican Republic to combat these dangers as well.
The Merida Initiative, as considered under this authorization, is a
comprehensive program focused on strengthening democratic institutions,
on bolstering law enforcement capabilities, on supporting local
communities, and on promoting human rights at all levels of the
Initiative's implementation.
For years, drug traffickers and organized crime have used a regional
strategy to carry out their illicit activities. Now, under the Merida
Initiative, we have a chance for our governments to join forces and
match this transnational approach. In Mexico, President Calderon has
deployed nearly 30,000 soldiers and federal police to the country's
most dangerous drug trafficking hotspots.
In Guatemala, the government has announced plans to send hundreds of
troops, elite presidential guards and antidrug police to its northern
border to stem the growing violence.
In the United States, our law enforcement agents have been met with
increasing hostile actions while working to preserve the security of
our borders.
The Merida Initiative enables us to combine all of these efforts to
capitalize on all of our strength and confront narcotraffickers and
organized crime with the same determination that they so vigorously
employ to wreak havoc on our communities.
I was pleased to see that both the House and Senate versions of the
supplemental included funding to support the Merida Initiative. I am
hopeful that the conferees will look at this bill for direction when
determining the final face of the Merida Initiative. I believe that it
offers an effective guide for ensuring U.S. interest, while respecting
our partners' sovereignty.
For too long, narcotraffickers and organized crime have run free,
plaguing the prosperity of our region. By supporting the Merida
Initiative, we are making the way for democracy and for development to
take hold, and addressing the precursor conditions that help breed
instability in the region, and that help create fertile territory even
for Islamic extremist recruitment.
Madam Speaker, again I rise in full support of this initiative, and I
look forwarding to helping to enhance our Nation's security by fighting
and overcoming these daily threats.
Madam Speaker, I reserve the balance of my time.
Mr. BERMAN. Madam Speaker, I greatly appreciate the gentlelady's
strong comments on this bill.
I yield 4 minutes to the chairman of the Foreign Affairs Subcommittee
on Western Hemisphere Affairs, the gentleman from New York (Mr. Engel).
Mr. ENGEL. Madam Speaker, I rise today in strong support of H.R.
6028. And I would like to commend Chairman Berman for his leadership on
this important legislation that authorizes full funding for the Merida
Initiative.
In my subcommittee, as Chair, we held three hearings on the Merida
Initiative, so we've covered it really quite extensively. And I'm more
convinced than ever that this is such an important bill and such an
important proposal.
Recent events in Mexico make the Merida Initiative more crucial than
ever. Just last month, the chief of the Mexican federal police was
brutally murdered at his home. Shortly thereafter, the deputy police
chief of Ciudad Juarez, a city smack on the border with the United
States, was shot dead.
The narcoviolence in Mexico is not only undermining the safety and
security of our friends to the south, but it is fueling the drug trade
and violence here in the United States.
As Western Hemisphere Subcommittee chairman, I worked with Chairman
Berman in developing this legislation and was pleased to contribute two
key parts. First, the Central American piece of this legislation
authorizes a much greater amount of assistance for the subregion than
the Bush administration proposed. The initial $50 million for Central
America was really a drop in the bucket when you look at the whole
thing and the needs that are necessary, especially considering that 90
percent of the cocaine shipped from the Andes to the U.S. flows right
through Central America.
H.R. 6028 sets aside at least $15 million per year for youth gang
prevention programs. That was something that I care very much about as
well. With approximately 70,000 gang members in Central America, and
the transnational connections linking gang members there to the United
States, this is a vast improvement over the administration's proposal.
I hope we have learned by now that failing to adequately invest in
prevention programs will only hurt us in the future.
I was also pleased to work with the chairman on a provision in H.R.
6028 which establishes a Merida coordinator at the State Department. My
staff and I have too often been frustrated by the inability to obtain
information on Merida activities or to figure out who was responsible
for what, and what would fall under Merida. The Merida coordinator will
keep track of all U.S. government assistance, which fulfills the goals
of the Merida Initiative.
Madam Speaker, the Merida Initiative is moving on two legislative
tracks; this authorization bill, and the supplemental appropriations
bill. I understand that the Mexican Government has expressed concerns
with certain language in the Senate supplemental proposal. It is my
hope that the final product will include important human rights
provisions while respecting Mexican sovereignty and the spirit of
partnership in which the Merida Initiative was designed. Our
relationship with our neighbors to the south is very important, and we
need to work with them in a collaborative way and in a partnership.
Mr. Chairman, I thank you again for your leadership on this important
legislation and your commitment to the governments and people of
Central America and Mexico.
I urge my colleagues to support this crucial legislation. And I want
to again say that it's important not only to have funds in there and
language in there for Mexico, but for Central America, Haiti and the
Dominican Republic as well.
It's also important that we look at the whole situation of guns. Guns
that are manufactured in the United States are smuggled over the
border, and 90 percent of the guns that are collected come from the
United States. And they fuel narcotrafficking, they fuel violence, they
fuel the drug trade, and we need to do something about that. So I am
pleased that my provision, the Southwest Border Violence Reduction Act,
was incorporated into this language to look at this problem, to deal
with this problem, and understanding that what we do in the United
States goes hand in hand with what happens south of our border as well.
So again, Mr. Chairman, I thank you. I thank the ranking member, with
whom I've collaborated on so many things through the years.
Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 3 minutes to the
gentleman from Ohio (Mr. Chabot). He is an esteemed member of our
Committee on Foreign Affairs.
Mr. CHABOT. I thank the gentlelady for yielding.
Mr. Speaker, I'll be brief. Let me just start by saying that I
appreciate both the chairman's and the ranking member's work on this
critical issue. Drugs and cartels and the violence and terror that they
bring not only undermine public safety but threaten our security as a
Nation. We need to work cooperatively with those nations that are on
the front lines of this drug war that we've been involved in for such a
long time.
However, I want to mention one fact that I think is very important.
Last summer, news reports highlighted the unwillingness of the Mexican
Government to work with the U.S. to resolve a mile and a half boundary
dispute near Columbus, New Mexico. Because

[[Page H5134]]

of a mapping error, the fence that we're building was constructed on
Mexican land. Although the U.S. government promptly notified the
Mexican Government of the error, the Mexican Government demands that
the mistake be corrected at a cost of $3 million to the United States;
this, despite the fact that the previously existing boundary had never
been in dispute prior to notification by the U.S., and the fact that
the U.S. has provided more than $270 million in aid to Mexico between
2004 and 2007, including more than $140 million for counter-narcotics
and law enforcement.
Today, we are authorizing funding for an additional $1.6 billion over
3 years. Last July, I introduced House Resolution 545, which states
that it is the sense of this Congress that if Mexico doesn't work
together to resolve this boundary dispute, U.S. assistance to Mexico
should be reduced in a corresponding amount; in other words, $3
million. If it is costing the taxpayers of this country $3 million to
do this, which was previously an undisputed border area, it seems like
it ought to come out of their money and not ours, since we were the
ones that brought it to their attention to begin with.

{time} 1200

Now, some people up here in Washington may think that $3 million
isn't a lot of money. Well I can tell you it is a lot of money to the
folks back in my district and districts all over this country,
particularly when you figure that we are spending approximately $4 a
gallon for gas nowadays. So it is a lot of money and ought to be taken
seriously.
If the U.S. and Mexico are truly partners, and we claim to be, and
they claim to be, we should be working together in all areas, including
the construction of this fence. We ought to be working cooperatively in
this matter. And it plays a key role in our international interdiction
efforts, not to mention the border security.
So this $3 million, if we are going to have to go back and rebuild
this because of this good faith error, I believe that ought to be taken
out of the U.S. aid which is going in their direction, and not from the
U.S. taxpayer.
Mr. BERMAN. Mr. Speaker, I yield myself 1 minute of time if I may.
The gentleman from Ohio raises an issue of controversy between the
United States and Mexico. What I urge the Members of this body to do is
to focus on the purpose of this initiative. This is an initiative that
is in America's deep national interest. The whole issue of illicit
narcotics trade, the role of the corridor between Central America and
Mexico in contributing and supplying these illicit narcotics, the war
going on in Mexico between the drug cartels, and a president and a
leadership that is now taking this head on serves our national
interests. Our effort to stem illegal immigration is directly
connected, and the effectiveness of it will be greatly dependent on our
ability to stop these cartels and to smash this trade in illicit
narcotics.
Whatever one's concern is about a particular aspect of the U.S.-
Mexican relationship, I would suggest from America's interest point of
view that this issue, this initiative, is a compelling one and should
be supported.
I am now pleased to yield 3 minutes to chairman of the Homeland
Security Subcommittee on Transportation Security and Infrastructure
Protection and a member of the Committee on Foreign Affairs, Ms. Sheila
Jackson-Lee of Texas.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Let me associate myself with the words of
our chairman. This is in the interests of the American people. I thank
Chairman Berman for introducing this legislation and the ranking
member, as well, for the collaboration that our committee, the Foreign
Affairs Committee, always engages in.
I think it is important to note that this is an initiative that was
entered into by the United States and Mexico that announced a
multiyear, $1.4 billion plan to use U.S. assistance to combat drug
trafficking and other criminal organization activities. This has been
labeled the ``Merida Initiative,'' and the administration has requested
$500 million.
Some would ask why? Because we are at a crisis. And I come from the
State of Texas. There is bloodshed on the border. The violence is
enormous. The wars between drug cartels have caused some 1,800 to 1,900
deaths to Mexicans in the first 9 months of 2007. And it is
attributable to the cartel-related violence. More than 60 American
citizens have been kidnapped in Nuevo Laredo, a Mexican town directly
across the border from the city of Laredo, a fine, wonderful city. And
the mayors of those cities have come and asked for relief. But
unfortunately, it hasn't been listened to in the way that I believe it
could be. Recognizing that the violence or the cause is not Laredo or
the border towns as much as it is the violence that is now spilling
over.
So I hope as we move forward in our initiative it will have a number
of elements to it, and certainly one of the elements has to be the war
against drugs here in the United States. It is important to note that
Mexico is, in fact, the main foreign supply of marijuana and meth, and
as well even though there is a small production of heroin,
interestingly enough, they are a large producer of the heroin supply
here in United States.
And for this reason, there needs to be a number of collaborations. I
disagree, for example, with the Secretary of Homeland Security, who
says that we can't put the virtual fence at the border because he
realizes that we are being conflicted by the questions of a barrier
fence, reasonably so, because we are used to the ingress and egress of
trade in that area. And so I hope this initiative will have a balance
and recognize that we have to look at many options to secure the
border.
I want to also make mention of the fact that I am a member of the
Homeland Security Committee and will hope, as this legislation moves
forward, that we will have a collaboration with the Department of
Homeland Security with this effort. You cannot make this work unless
DHS is involved.
And I was prepared to offer an amendment that dealt with assessing
the role of the relevant United States Government departments and
agencies, including the Department of Homeland Security, in supporting
the Merida Initiative, providing specific information on what staff,
equipment and other resources the relevant United States Government
departments and agencies, including the Department of Homeland Security
would need to support this initiative, and assessing the impact of the
initiative on the border security operations of the relevant United
States Government departments and agencies.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. BERMAN. I yield the gentlelady 1 additional minute.
Ms. JACKSON-LEE of Texas. I thank the chairman.
Assessing the impact of the Merida Initiative on the border security
operations of the relevant United States Government departments and
agencies, including the Department of Homeland Security, and identify
additional resources, if any, that the relevant United States
Government departments and agencies, including the Department of
Homeland Security, need to make available to carry out this initiative.
I recall specifically as a member of the Subcommittee on Border
Security writing legislation and the ranking member on the Immigration
Subcommittee in our past Congresses on providing more resources for our
Border Patrol. It was interesting that the administration was always
voicing their leadership on the idea of border security, and our Border
Patrol agents were suffering. There were not enough. They didn't have
the kind of speedboats, night goggles and computers. Now you see it is
like night and day because of legislation carried by members of the
Democratic Caucus.
And so it is important that as we go forward we find a collaboration
of the Department of Homeland Security because human trafficking and
drug trafficking are intertwined. The violation of the borders is
intertwined with all we are doing here, and we need to have a
collaboration with the Department of Homeland Security. I support this
initiative, and I know it can be expanded.
I rise today in cautious support of H.R. 6028, the ``Merida
Initiative to Combat Illicit Narcotics and Reduce Organized Crime Act
of 2008.'' I would like to thank my colleague

[[Page H5135]]

Congressman Berman for introducing this legislation, as well as for his
ongoing leadership as Chairman of the Committee on Foreign Affairs.
While I do support this bill, I am extremely disappointed in the manner
in which it was brought to the floor today. Like many Members, I have
outstanding concerns about this legislation that have not yet been
addressed, and I believe Members should have been given the opportunity
to offer amendments to this important and far-reaching bill. I remain
concerned about human rights in the region and I believe that the
United States must do far more to address the demand for drugs in the
United States, but I also believe that this legislation represents a
positive step toward partnering with our southern neighbors to combat a
problem that we share.
Mr. Speaker, I had planned to introduce an amendment to this
legislation that will require the President to submit a report
(1) assessing the role of the relevant United States Government
departments and agencies, including the Department of Homeland
Security, in supporting the Merida Initiative;
(2) providing specific information on what staffing, equipment, and
other resources the relevant United States Government departments and
agencies, including the Department of Homeland Security, have provided
for the Merida Initiative;
(3) assessing the impact of the Merida Initiative on the border
security operations of the relevant United States Government
departments and agencies, including the Department of Homeland
Security; and
(4) identifying additional resources, if any, that the relevant
United States Government departments and agencies, including the
Department of Homeland Security, need to make available to carry out
the Merida Initiative.
As a senior Member of the Committee on Homeland Security, I am
cognizant of the fact that the Department of Homeland Security will
play a major role in the implementation of the Merida Initiative. Among
other things, Customs and Border Patrol will be involved in the
procurement and training of non-intrusive inspection equipment
(scanners, x-ray vans) and rescue and communications equipment, and
Immigration and Customs Enforcement will be involved in modernizing
Mexico's immigration database and the training of vetted units focused
on anti-gang and anti-money laundering.
In short, Mr. Speaker, the Merida Initiative will not be complete or
successful without the cooperation of the Department of Homeland
Security and the dedication of its brave men and women. The report
required by my Amendment would have made sure Congress knows what
resources DHS is contributing to the Merida Initiative and whether more
are needed. It would also have let Congress know how the Merida
Initiative is affecting DHS's ability to carry out its other missions,
including border security. As we continue to fight criminal syndicates
and terrorism organizations around the world, we must ensure that there
is accountability for our precious resources and that we are not losing
focus of the needs at home. I am extremely disappointed that this
legislation has been brought up under suspension, as I believe that my
amendment would have improved the legislation.

On October 22, the United States and Mexico, in a joint statement,
announced a multi-year, $1.4 billion plan to use U.S. assistance to
combat drug trafficking and other criminal organizations. As part of
this plan, known as the Merida Initiative, the Administration has
requested $500 million for Mexico and $50 million for Central America
in the FY 2008 Supplemental Appropriations. Since March 2007, when
Presidents George W. Bush and Felipe Calderon met in Merida, officials
of both governments, without the input of the legislative branch of
either country, have been working on an initiative to expand bilateral
and regional cooperation, in order to combat organized crime and
criminal gangs in the region.
Mexico has, in recent years, experienced an increase in drug
violence. Much of the recent violence has been attributed to turf wars
between drug cartels, with between 1,800 and 1,900 deaths of Mexicans
in the first nine months of 2007 alone being attributed to cartel-
related violence. More than 60 American citizens have been kidnapped in
Nuevo Laredo, a Mexican town directly across the border from the city
of Laredo, in my own state of Texas. Some of this violence is
reportedly spilling over the border into the United States.
Spill-over violence and attacks on Americans are not the only reasons
Mexico's drug trade is of intimate interest to the United States.
Mexico is the main foreign supplier of marijuana and a major supplier
of methamphetamine to the United States, and, though it produces only a
small share of global heroin production, it produces a sizeable
proportion of the heroin distributed in the United States. In addition
to production of drugs, Mexico is also a major transit country.
According to State Department estimates, 90% of the cocaine entering
the United States transits through Mexico.
With the demise of powerful cartels in Colombia, Mexican drug cartels
have recently become increasingly significant. According to the
National Drug Intelligence Center, Mexican cartels now dominate the
illicit U.S. drug market, using ``well-established overland
transportation networks to transport cocaine, marijuana,
methamphetamine, and heroin--Mexican and increasingly South American--
to drug markets throughout the country.'' Though Colombian groups
retain a significant share of smuggling and distribution operations in
the United States, the operations of Mexican groups continue to account
for an increasingly large percentage of the market.
Recent years have indicated that much more needs to be done to
address issues of drug production and trafficking in Mexico. While I
certainly agree that the Merida Initiative represents an important and
much needed effort, I am extremely disappointed that neither members of
the U.S. nor the Mexican congress were included in the discussion
process. In addition, I have significant concerns about the initiative
itself, and I believe there are many outstanding issues that remain to
be addressed.

Mr. Speaker, I do not believe we can address the problem of drug
trafficking by combating the supply side alone. This legislation does
require the President to submit a report on efforts to reduce demand in
the United States, and I believe that this language is extremely
important, acknowledging that this is not just a foreign issue. I would
like to see this Congress take a more active role in reducing the
prevalence of drug use and addiction in our own communities, in
conjunction with working to eliminate the flow of drugs across our
borders.
Mr Speaker, it is essential that this Committee stay engaged with
this program after it is implemented, particularly monitoring its
effects on human rights. U.S. dollars absolutely should not be going to
fund abuses; they should be used to build a culture of respect for
fundamental human rights. To this end, I am pleased that this
legislation states that one of the purposes of this initiative is to
``strengthen respect for internationally recognized human rights and
the rule of law in efforts to stabilize the security environment
relating to the illicit narcotics production and trafficking and
organized crime.'' Further, this legislation restricts funding to any
units known to commit gross violations of human rights, provides
assistance for human rights training in relevant law enforcement units,
and, perhaps most crucially, requires the President to report to
Congress on the human rights impact of the equipment and training
provided in this bill. Mr. Speaker, this language is important, but
alone it is not enough, and I fully expect that this committee will
remain engaged in this important issue following the implementation of
this program.
Mr. Speaker, despite my outstanding concerns and my disappointment
over the manner in which this legislation was brought before us today,
I do believe that this legislation will strengthen the bonds of
cooperation with our southern neighbors on an important issue in which
we all share a stake. I urge my colleagues to join me in supporting
this legislation.
Ms. ROS-LEHTINEN. Mr. Speaker, at this time, I am pleased to yield 3
minutes to the gentleman from Texas (Mr. McCaul) who is also an
esteemed member of the Committee on Foreign Affairs.
Mr. McCAUL of Texas. I thank the gentlelady from Florida.
Mr. Speaker, let me say first that I support a military strategy to
deal with the drug cartels. Having come from Texas, having worked
counterterrorism with the Justice Department at the Mexican border, I
know firsthand what a direct threat to the security of this Nation
these drug cartels present. They export drugs. They poison our
children. They export human trafficking. They bring special interest
aliens into this country, some of whom are not caught. And in the post-
9/11 world, they present a threat that we can no longer ignore. And
they must be dealt with. That is why I have been supportive of this
initiative.
However, I believe that we need a strategy on this side of the
border, as well. I believe we need a two-pronged approach, if you will,
a comprehensive strategy that deals not only with the Mexican side but
with the U.S. side. And for too long, our border sheriffs and our
Border Patrol agents have been outmanned and outgunned. And if we are
going to provide assistance to Mexico, it seems to me we ought to be
providing assistance to our men and women on our side fighting this war
every day.
I had a unique opportunity to meet with President Calderon. He told
me that he is at war with the drug cartels. He is at war with these
drug cartels. And we need to fight this war against the drug cartels.

[[Page H5136]]

And I believe the best way to do that is provide the military
assistance, but also provide the resources necessary on this side of
our border, which is why I offered an amendment at the foreign affairs
markup of this bill to provide $1.4 billion, an equal amount, if you
will, over 3 years for our Federal, State and local law enforcement,
including the border sheriffs. And Chairman Berman was supportive of
this amendment. The chairman sits on the Judiciary Committee. It was my
sincere hope that this amendment would have been taken up by the
Judiciary Committee when they marked up this bill, as well.
Unfortunately, that didn't happen. And the Judiciary Committee
decided not to take up this bill. In addition, instead of having an
open rule whereby it could offer this amendment on the floor, we have a
closed rule, and this vote is now under suspension. I believe this is a
missed opportunity. I believe it is a missed opportunity to have a
really comprehensive bill that could have had strong bipartisan
support, that had the approach and the strategy that I just outlined, a
military strategy on the Mexican side of the border, and a beefed up
law enforcement on this side of the border. That is how we are going to
achieve true border security in this Nation. So I just wanted to
present that objection.
It is my sincere hope we can fix this and add this amendment at some
point in the process to give our law enforcement on this side of the
border the tools that they need, also, to win this war against the drug
cartels.
Mr. BERMAN. Mr. Speaker, I reserve my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 3 minutes to the
gentleman from Texas (Mr. Poe), an esteemed member of the Foreign
Affairs Committee.
Mr. POE. I thank the gentlelady for yielding.
Mr. Speaker, I appreciate the work that the chairman and the ranking
member have done on this initiative. However, I rise in opposition to
this legislation before the House. As a former prosecutor and longtime
judge in Texas, I am concerned about drugs and violence on the border,
but I am also concerned about corruption.
According to the DEA, 500 people were murdered in Nuevo Laredo in
2005. None of those cases was solved. Many of those murdered were
police officers. There have been 400 kidnappings in Nuevo Laredo.
Forty-one of them were American citizens. None of them have been
solved.
I doubt if anyone would be surprised to find out that the drug
cartels are to blame for most of the violence on the border. What you
might be surprised to learn is that U.S.-trained Mexican forces are
behind some of the attacks. The Department of Homeland Security has
reported that in the last 10 years, there have been over 250 incursions
by suspected Mexican military units into the United States.
In order to gain control of access corridors in the United States,
drug cartels are hiring hit men from an elite force in Mexico's
military. This group is known as the ``Zetas.'' It has been reported
that some of the Zetas are military deserters that may have been
trained in the United States at the former School of the Americas in
Fort Benning, Georgia. Reports claim that these forces were sent by the
Mexican Government to the United States-Mexico border to combat drug
trafficking. Instead, some of them deserted and became assassins for
the Mexican drug cartels. Officials suspect that there are more than
200 Zetas. Between January and September of last year, nearly 5,000
Mexican soldiers deserted. Many of them went to work for the drug
cartels because they pay more money.
The bill before the House today would authorize $1.5 billion in
money, training and equipment over the next 5 years to Mexico. Most of
that amount, more than $1 billion, would go, as I said, to Mexico. And
Mexico in its arrogance objects to any conditions we want to put on
this money. The administration can offer us no assurance that our
equipment and training won't be used against us and neither can Mexico.
These forces are violent. They kill people and are a danger to the
enforcement of our border, especially to our sheriffs. We've tried to
work with Mexico in the past to stop drug trafficking. Every new
president talks about how they are going to stop the drug trade, but it
never has worked. Why should we send $1 billion to Mexico when we have
no idea whether the goods we send will end up in the hands of corrupt
Mexican officials and be used against us? Rather than sending all this
money and equipment to Mexico and the lawless Mexican officials at the
border, we ought to be equipping United States border sheriffs who can
use this equipment to protect our homeland. We need to keep our money
on this side of the border where we need it and where we can keep up
with it.
And that's just the way it is.
Mr. BERMAN. Mr. Speaker, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I am proud to yield 3 minutes to the
gentleman from Illinois (Mr. Weller), a member of the Committee on Ways
and Means. We will miss him greatly when he retires.
Mr. WELLER. Mr. Speaker, I rise in support of this important
initiative, the Merida Initiative, to combat illicit narcotics and
reduce organized crime authorization legislation. I commend Chairman
Berman, Chairman Engel and Ranking Member Ros-Lehtinen for their work
in putting together bipartisan legislation that implements not only a
bipartisan agreement but also an international agreement with our
neighbor and our neighbors to the south.
Ladies and gentlemen, think of it in these terms, if in the last few
months the director of the FBI had been assassinated by
narcotraffickers, think about it if the head of the Drug Enforcement
Administration had been assassinated by narcotraffickers, think about
it if dozens of police chiefs were shot down in the streets and
murdered in their homes in front of their families, how would we as
Americans react?

{time} 1215

Would we ask for help and want every resource we could put in place
to go after those who committed those horrible crimes?
Ladies and gentlemen, in Mexico, our friend, our ally, our partner in
so many ways, that has been occurring, where the head of their
counternarcotics program was assassinated, where police chiefs are
being shot down, where the narcotraffickers have been so brazen they
have publicly posted signs listing police officers and police chiefs
that they intend to target for assassination, and at the same time,
saying ``come join us. We will pay you better if you are in law
enforcement today. Switch sides. You will be paid more.''
Well, today we have a President in Mexico, President Calderon, who
decided to take the fight to the narcotraffickers. He has deployed
30,000 Mexican troops against narcotraffickers throughout Mexico, for
the first time, and they have asked for our help. Both our friends in
Mexico and our friends in Central America have asked our help with this
fight.
That is why this legislation is important, because we have an
obligation to help our neighbors; because by stopping the flow of drugs
it affects other issues, policy concerns many of us have talked about.
Number one is the flow of drugs into our country. And if you care about
illegal immigration, if that has been a point you have debated on this
floor, you argued we have got to do something about illegal
immigration, well, frankly, safe streets and communities in Mexico and
Central America are vital to ensuring that families and their children
feel safe in their own communities, rather than having to leave for the
United States illegally for a safe place to live.
And if you if you care about the arguments that many have made that
narcotraffickers are crossing our borders and the Mexicans need to do
more, well, they are. Again, 30,000 Mexican troops have been deployed
against the narcotraffickers. Unfortunately, in many cases
narcotraffickers are equally or better armed than the Mexican military.
That is why this legislation is needed. That is why this legislation
needs bipartisan support. I urge bipartisan support.
Mr. BERMAN. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 3 minutes to the
gentleman from California (Mr. Bilbray).

[[Page H5137]]

Mr. BILBRAY. Mr. Speaker, FDR made a statement about why he was
giving aid to England to fight Nazi Germany, and that statement was,
when your neighbor's home is burning, only a fool would not let them
borrow your hose to put out the fire.
Well, Mr. Speaker, our border is burning. Mexico is in flames with
violence. We are not taking on a war on drugs down at the border; we
are taking on the battle against narco-terrorism.
Mr. Speaker, I have taken a lot of positions about the fact that the
boarders are out of control, but now is the time the American people
have to wake up and this Congress has to wake up and realize that the
people in Mexico are fighting desperately for their republic. They are
being murdered in the streets. Police chiefs on the day they do a press
conference stating that they caught a cartel smuggling drugs into San
Diego County through a tunnel, the day that they do that press
conference, that night that police chief is murdered by the cartel. The
head of their law enforcement, who is comparable to our FBI, was
murdered in their capital.
You may say, but is Mexico doing enough? I have a lot of
disagreements with Mr. Calderon. The justification for ignoring the
cartel when they smuggle aliens is one of them. But the same cartel
that is smuggling aliens and drugs into the United States are killing
law enforcement and judges and politicians in Mexico.
And do not think that this is a problem far away from us. This
problem is in our front yard, in our backyard, in our lap right now.
Washington can ignore it, but they are already starting to kidnap and
kill people in San Diego County in the south. We have an obligation to
make sure that we fight this battle on Mexican soil before it becomes a
battle in the main streets of the United States.
I ask us to join now. The fact is if there is anything that we can
do, we need to defend our American freedom and our security when and
where we find the threat, and the threat today is in Mexico. Calderon
has been brave enough to export criminals to the United States. He has
judges being killed right and left down there. Mexico is willing to
work with us on this and desperately asking for our help, and only a
fool would not give them the help to fight the battle on Mexican soil
before we are fighting it on U.S. soil.
Mr. BERMAN. Mr. Speaker, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 30 seconds to
the gentleman from Texas (Mr. Culberson).
Mr. CULBERSON. Mr. Speaker, at a time of record national debt and
deficit, at a time when gasoline prices are now well over $4, when oil
is over $130 a barrel and Mexico is sitting on one of the largest oil
reserves in the world, it is inexcusable, it is intolerable for us to
send one dime to the Mexican Government when they can afford to pay for
this equipment themselves.
But even more importantly than that, our southern border not secure.
We should not send a dime to Mexico until our own American law
enforcement officers have the resources they need to secure the border
once and for all; not one dime to Mexico until the American border is
secure.
I am going to call for a record vote on this bill, because we need to
defeat this legislation until our southern border is secure.
Mr. BERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Hinojosa).
Mr. HINOJOSA. Mr. Speaker, I rise today in support of an issue of
great importance to both the Nation and my congressional district in
south Texas.
As a life-long resident of the southern border region, America's
relationship with Mexico is of great importance to me, to my
constituents, our chambers of commerce and economic development
corporations.
For far too long, our Nation has focused its attention upon far-away
lands on the other side of the world while our relationship with our
closest of neighbors has languished. While current and past
administrations shoulder much of the blame for our history of
inattention to Mexico, Congress has been complicit in this failure.
When our Nation has needed to show compassion and understanding for
the Mexican people, this Congress has been unable to agree on a
comprehensive immigration plan befitting our American heritage. When
our Nation should be celebrating our partnership and common interests
with a close geographic ally, this Congress has literally built a wall
between ourselves and Mexico.
This is no way to treat a friend and neighbor and actually our second
largest trading partner. Although not a solution to all of the
deficiencies in our relationship with Mexico, the Merida Initiative is
a step in the right direction. Border residents are keenly aware of the
violence and dangers of the drug trade and the criminal networks that
span our continent. While based within Mexico, these criminal cartels
are an affliction of the entire continent and must be addressed through
national partnerships and cooperation.
We were there in Monterrey yesterday with a large delegation of
Members of Congress and the Senate and we heard from and had a great
dialogue with the congressmen and senators of that country. They are
the ones who are fighting this battle for us.
The SPEAKER pro tempore (Mr. Holden). The time of the gentleman from
Texas has expired.
Mr. BERMAN. I yield the gentleman an additional 30 seconds.
Mr. HINOJOSA. They are the ones who are at the forefront as Colombia
and other countries are bringing their drugs through Mexico, and they
are the ones who have to fight it. They are the ones who have given up
their lives. They are the ones who are helping us fight the drug
cartel.
I ask my colleagues to please join me in supporting this important
initiative.
Ms. ROS-LEHTINEN. Mr. Speaker, I know we only have 1 minute
remaining, so I would like to yield myself that remaining minute to
close on our side on the Merida Initiative.
I would like to point to the testimony that was given by an official
of the Department of Homeland Security when he testified on the
importance for the United States of the Merida Initiative, because this
is not a bill for Mexico. This is not a legislative bill for Central
America. This is not for Haiti. This is not for the Dominican Republic.
This is for the United States citizens. This is to protect our homeland
from these vicious gangs and these drug dealers.
As this gentleman said, rather than simply giving money to foreign
governments, the Merida Initiative has been tailored to provide our
foreign partners with the specific tools they each need to fight
transnational organized crime and work cooperatively with us in the
United States. This is a bill that will help our communities, our
country, our national security and our children.
Mr. Speaker, I yield back the balance of my time.
Mr. BERMAN. Mr. Speaker, may I inquire how much time I have left.
The SPEAKER pro tempore. The gentleman has 2\1/2\ minutes remaining.
Mr. BERMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Gene Green), a member of the committee.
Mr. GENE GREEN of Texas. Mr. Speaker, I want to thank my chairman of
the Foreign Affairs Committee. This is my first term on the Foreign
Affairs Committee. But I am not here necessarily as a committee member.
I am here as a Member of Congress from Texas concerning the
relationship Texas has had with Mexico for generations, if not
centuries, and the relationship that we need to continue.
There is literally a battle going on in Mexico, our closest neighbor,
and there has been an effort to try and support them in their battle
with narcotics and narco-terrorism, and that is what this bill is
about.
Whatever Mexico has been doing in their country is actually
protecting those of us in Texas and California and all over the United
States, because if they slow that situation down or win that battle, it
makes our citizens and our people a lot safer.
We should help our local police even more. We should do a lot of
things. But that is a whole separate piece of legislation. What we are
talking about here is stepping up to the plate and helping a neighbor
who is our closest neighbor and one who is in the middle of a war and
losing police chiefs, law enforcement officers, the military. Whatever
they do in their own country to take

[[Page H5138]]

care of thisi problem will make us safer in our own.
There are some concerns about human rights, and I want to address
that, but I would hope we would address it with members of Congress
from Mexico. When I met with those members from both the Senate and the
Chamber of Deputies in Mexico, they were concerned about some of the
human rights violations in our country. We have to share that
information and work with each other. Again, we are not moving, Mexico
is not moving, and we need to make sure we work as a partnership with
Mexico in their efforts to control their own country.
I thank the gentleman for yielding.
The SPEAKER pro tempore. The gentleman from California has 30 seconds
remaining.
Mr. BERMAN. Mr. Speaker, I include for the Record an exchange of
letters between the distinguished chairman of the Committee on the
Judiciary and myself.

House of Representatives,

Committee on the Judiciary,

Washington, DC, June 6, 2008.
Hon. Howard L. Berman,
Chairman, Committee on Foreign Affairs, House of
Representatives, Washington, DC.
Dear Chairman Berman: This is to advise you that, as a
result of your working with us to make appropriate revisions
to provisions in H.R. 6028, the Merida Initiative to Combat
Illicit Narcotics and Reduce Organized Crime Authorization
Act of 2008, that fall within the rule X jurisdiction of the
Committee on the Judiciary, we are able to agreed to
discharging our committee from further consideration of the
bill in order that it may proceed without delay to the House
floor for consideration.
The Judiciary Committee takes this action with the
understanding that by forgoing further consideration of H.R.
6028 at this time, we do not waive any jurisdiction over
subject matter contained in this similar legislation. We also
reserve the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this important legislation, and request your support if such
a request is made.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this request,
and for the cooperative relationship between our two
committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____

House of Representatives,

Committee on Foreign Affairs,

Washington, DC, June 6, 2008.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6028, the Merida Initiative to Combat Illicit Narcotics and
Reduce Organized Crime Authorization Act of 2008.
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on the
Judiciary. I acknowledge that the Committee will not seek a
sequential referral of the bill and agree that the inaction
of your Committee with respect to the bill does not waive any
jurisdiction of the Judiciary Committee over subject matter
contained in this bill or similar legislation.
Further, as to any House-Senate conference on the bill, I
understand that your committee reserves the right to seek the
appointment of conferees for consideration of portions of the
bill that are within the Committee's jurisdiction.
I will ensure that our exchange of letters is included in
the Congressional Record during the consideration of House
debate on H.R. 6028, and I look forward to working with you
on this important legislation. If you wish to discuss this
matter further, please contact me or have your staff contact
my staff.
Cordially,
Howard L. Berman,
Chairman.

I urge very strongly, don't make the best the enemy of the better.
This is a very important proposal for the American people, for our
interests. Yes, more police here, more Border Patrol, better
technology, better employer verification. But understand what is going
on in Mexico. This is a compelling initiative for our interests.
I urge an ``aye'' vote.
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise in support of
H.R. 6028, the Merida Initiative to Combat Illicit Narcotics and Reduce
Organized Crime Authorization Act of 2008. H.R. 6028 creates a
foundation for future cooperation in assisting our neighbors to the
south in combating the rise of organized crime.
This legislation is a good starting point but much more work will
need to be done, including significant transnational and interagency
cooperation, in order to ensure the success of the Merida Initiative. I
was disappointed that the House Homeland Security Committee was not
included in the development of this bill, despite the fact that the
Department of Homeland Security will play a large role in the
Initiative by coordinating its agencies that are already assisting
Mexico and other foreign governments to address smuggling, trafficking
and violence on our borders.
Last week the Homeland Security Subcommittee on Border, Maritime, and
Global Counterterrorism, which I have the privilege of chairing, had a
hearing entitled ``The Merida Initiative: Examining U.S. Efforts to
Combat Transnational Criminal Organizations.'' This hearing highlighted
the importance of the Merida Initiative in stemming the growing
transnational crime in the United States and on our borders. For
example, in my home district in Orange County, CA, gang violence is on
the rise as a result of the huge presence of the largest transnational
gang in the United States, Mara Salvatrucha, in Los Angeles County. It
is reported that there are over 900 members of Mara Salvatrucha in Los
Angeles County, and many of these gang members are in the United States
illegally. The rise of this type of gang in the United States can be
linked to a practice by many of the drug cartels of ``contracting out''
drug, ammunition, and weapon smuggling activities to these gang
members. The Homeland Security hearing emphasized that many agencies,
including the Department of Homeland Security will need to work
together closely to stop these growing transnational crime networks.
H.R. 6028 must ensure interagency cooperation within the United
States in order to succeed abroad with the foreign governments we seek
to assist. As I stated earlier, much more needs to be done in order to
help stem the violence along the U.S. and Mexican border, but this bill
helps build the necessary foundation. I urge my colleagues to support
this bill and to help ensure further cooperation between the key
departments involved in its implementation.
Mr. McGOVERN. Mr. Speaker, I rise reluctantly in opposition to this
bill.
I applaud the Chairman of the House Foreign Affairs Committee, my
friend and colleague Congressman Berman, for asserting the role of the
Congress and making sure that new initiatives such as the Merida
Initiative are authorized. It is the right thing to do, and I look
forward to working with him over the coming weeks on a number of
foreign policy matters pending before the Committee.
There is much to support in H.R. 6028, and there are also several
troubling matters.
Regarding the provisions of the bill that deal with Central America--
a region of Latin America that is very close to my heart--I believe
H.R. 6028 takes several important steps forward, seriously investing in
community-based solutions to youth and gang problems. H.R. 6028
provides strong support to non-security programs that address the
endemic conditions giving rise to violence related to drugs, arms and
human trafficking. It provides support for the U.N. International
Commission Against Impunity in Guatemala (CICIG), especially in the
areas of witness and victim protection, an initiative that merits the
very strongest support by the United States and the international
community. The bill also seeks to promote transparency and an end to
impunity throughout Central America by strengthening police and
judicial systems so that they may more effectively and successfully
carry out investigations and prosecutions of those responsible for
human rights violations and other criminal acts.
This is all very good news, Mr. Speaker.
I am very concerned that this authorizing bill fails, however, to
reflect the thoughtful and critically important human rights conditions
contained in the Senate and House versions of the FY 2008 supplemental
appropriations on military and security-related aid to Mexico. I
understand that those proposed conditions are controversial in Mexico,
in large measure because of the history of the very problematic drug
certification process that existed in the past. I do not believe that
the human rights conditions included in the supplemental appropriations
bill bear any resemblance to the flawed drug certification process, and
the House and Senate Appropriations Committees took great care not to
mirror that flawed certification process.
By failing to include the conditions on aid provided for the Merida
Initiative that are included in the Senate and House supplemental
appropriations bills, passage of this authorizing measure could be
viewed as an effort to weaken or eliminate those provisions from the
final conference report on the supplemental that will soon be sent to
the President for his signature. It is my sincere (hope that this is
not the intention of bringing H.R. 6028 to the House floor at such a
delicate moment. There was no reason to rush this bill before the
House, since we know it has no counterpart on the Senate side. So its
consideration today invites concern that its passage is indeed an
attempt to influence conference negotiations on the supplemental and to
send a message that human rights conditions are not welcome, and
certainly not the stronger, more specific

[[Page H5139]]

conditionality included in the Senate version of the FY08 supplemental
appropriations.
Mr. Speaker, there is no doubt that America wants to be a good
partner with Mexico on fighting drugs and ending corruption and human
rights violations within Mexico's judicial system and its military and
police. Over the past several weeks we have all seen the effects of the
bloody rampage carried out by the drug cartels, especially those
targeted at assassinating key officers and members of the Mexican
National Police. I hope in other legislation that may come before the
House this year that we will pay special attention to investing in drug
education, prevention and treatment programs, as well as our own law
enforcement agencies, so that U.S. demand for illegal drugs will also
be forcefully and substantially addressed.
But we cannot simply write blank checks and fail to ensure that our
aid is not subject to strong conditions on human rights, transparency,
justice reform and promoting and protecting the rights of civil
society. These concerns are very much at the forefront of the strong
Senate conditions in the FY08 appropriations bill, and are also
reflected in the slightly less stringent House conditions. They should
have been included in H.R. 6028, the authorizing legislation, which is
where human rights conditionality appropriately belongs.
So, Mr. Speaker, these are my concerns and my hopes regarding H.R.
6028, and I will be following closely the consequences of authorizing
and appropriating these funds.
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today in
opposition to H.R. 6028.
With our economy facing serious, mounting challenges, and Americans
facing unprecedented energy prices, I cannot support sending money to
Mexico and Central America to take up the fight on drug trafficking.
As Mexico currently profits from the sale of oil on the world market
as gas prices continue to skyrocket, I seriously question why we would
send their government any aid to fight this battle. Think about it: gas
is so much less expensive in Mexico that border area citizens from this
country are going there to fill up.
Our own borders remain porous, illegal immigration strains our
economy, and Americans are vulnerable to terrorists slipping into our
country: fighting Mexico's war on drugs, and essentially securing
Mexico's southern border, should not be at the top of our list of
priorities right now.
While sending aid to fight criminal behavior and drug trafficking
abroad is laudable in theory, given the current economic hardships
Americans face, I simply cannot support this bill.

____________________