Mexican Drug Certification Issues: U.S. Congressional Action, 1986-2002

Publication Date: October 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

Type:

Coverage: Mexico

Abstract:

Beginning in 1986, Congress required the President to certify annually, subject to congressional review, that drug producing or drug transit countries had cooperated fully with the United States in drug control efforts to avoid a series of aid and trade sanctions. Mexico has been fully certified each year, but Congress closely monitored these certification decisions and submitted resolutions of disapproval in some years.

In 1987 and 1988, Congress took some initial steps on resolutions to disapprove the certification of Mexico, and, in 1989 and 1996, it passed some drug-related restrictions on Mexico. In 1997, congressional efforts to overturn the President’s certification of Mexico advanced the furthest when both houses passed separate resolutions of disapproval, and President Clinton provided additional reports on Mexican and U.S. efforts in specified areas in compliance with the Senate-passed version. In 1998, resolutions of disapproval were introduced in both houses, but S.J.Res. 42 was defeated by a vote of 45 to 54 in the Senate, and no floor action was taken in the House. In 1999, resolutions of disapproval were introduced in the House, but no action was taken, and no resolutions of disapproval were introduced in the Senate.

In 2000, despite some congressional criticism, no resolutions of disapproval were introduced in either house to overturn the presidential certification of Mexico. Following the mid-year election of opposition candidate Vicente Fox as President of Mexico, measures were introduced but not passed to exempt Mexico from the drug certification requirements in FY2001.

In 2001, no resolutions of disapproval were introduced in either house, and the Senate Foreign Relations Committee reported out two measures (S. 219 and S. 1401) that would have modified the certification requirements for three years. By the end of the year, the only measure that passed was the Foreign Operations Appropriations for FY2002 (H.R. 2506/P.L. 107-115) that waived the drug certification requirements for FY2002 only, but required the President, with some waiver authority, to designate and withhold assistance from the worst offending countries that had failed demonstrably to adhere to international counter-narcotics agreements.

In 2002, both houses passed the Foreign Relations Authorization for FY2003 (H.R. 1646/P.L. 107-228) that permanently modified the drug certification requirements. Section 706 requires the President, with some waiver authority, to designate and withhold assistance from the worst offending countries that have “failed demonstrably” to make substantial counter-narcotics efforts. At the same time, it permits the President to use his discretion to withhold assistance and apply previous sanctions against countries that are failing to cooperate fully with the United States in counter-narcotics efforts whenever he determines that such actions would be helpful.