[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 58 Placed on Calendar Senate (PCS)]





                                                        Calendar No. 29

105th CONGRESS

  1st Session

                             H. J. RES. 58

_______________________________________________________________________

                            JOINT RESOLUTION

Disapproving the certification of the President under section 490(b) of 
  the Foreign Assistance Act of 1961 regarding foreign assistance for 
                    Mexico during fiscal year 1997.

_______________________________________________________________________

                             March 18, 1997

            Read the second time and placed on the calendar





                                                        Calendar No. 29
105th CONGRESS
  1st Session
H. J. RES. 58

Disapproving the certification of the President under section 490(b) of 
  the Foreign Assistance Act of 1961 regarding foreign assistance for 
                    Mexico during fiscal year 1997.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1997

                    Received and read the first time

                             March 18, 1997

            Read the second time and placed on the calendar

_______________________________________________________________________

                            JOINT RESOLUTION


 
Disapproving the certification of the President under section 490(b) of 
  the Foreign Assistance Act of 1961 regarding foreign assistance for 
                    Mexico during fiscal year 1997.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONGRESSIONAL FINDINGS; DECLARATION OF POLICY.

    (a) General Findings.--The Congress finds the following:
            (1) International drug traffickers, aided by individuals in 
        the United States and across the Western Hemisphere who sell 
        and distribute deadly drugs, pose the largest threat to 
        Americans since the end of the Cold War.
            (2) The United States is faced with a supply of drugs that 
        is cheaper, more potent, and more available than at any time in 
        our history.
            (3) The drug cartels are becoming wealthier, bolder, and 
        closer to the United States, and their corruption of officials 
        is beginning to reach inside the United States.
            (4)(A) No single action is a sufficient response to the 
        threat posed to our society by illegal drugs.
            (B) The goal of the United States is to save our children 
        by eliminating the illegal drug trade.
            (C) The United States Government must set forth a 
        comprehensive strategy that dedicates the resources necessary 
        to decisively win the war on drugs.
    (b) Threat Drugs Pose to our Children.--The Congress further finds 
the following:
            (1)(A) Casual teenage drug use trends have suffered a 
        marked reversal over the past 5 years. Casual teenage drug use 
        has dramatically increased for virtually every childhood age 
        group and for virtually every illicit drug, including heroin, 
        crack, cocaine hydrochloride, lysergic acid diethylamide (LSD), 
        non-LSD hallucinogens, methamphetamine, inhalants, stimulants, 
        and marijuana (often laced with phencyclidine (PCP) and 
        cocaine).
            (B) Specifically, illicit drug use among 8th and 10th 
        graders has doubled in the last 5 years. 8 percent of 6th 
        graders, 23 percent of 7th graders, and 33 percent of 8th 
        graders have tried marijuana. Since 1993, the number of 8th 
        graders using marijuana has increased 146 percent and overall 
        teen drug use is up 50 percent.
            (2) Rising casual teenage drug use is closely correlated 
        with rising juvenile violent crime, as reported by the 
        Department of Justice.
            (3) If rising teenage drug use and the close correlation 
        with violent juvenile crime continue to rise on their current 
        path, the United States will experience a doubling of violent 
        crime by 2010, according to the Department of Justice's Office 
        of Juvenile Justice and Delinquency Prevention.
            (4) The nature of casual teenage drug use is changing, such 
        that annual or infrequent teenage experimentation with illegal 
        drugs is being replaced by regular, monthly, or addictive 
        teenage drug use.
            (5) Nationwide, drug-related emergencies are at an all-time 
        high, having risen for 5 straight years by increments of 
        between 10 and 30 percentage points per year for each drug 
        measured.
            (6) The nationwide street price for most illicit drugs is 
        lower than at any time in recent years, and the potency of 
        those same drugs, particularly heroin, crack and marijuana, is 
        higher.
    (c) The Failed Antidrug Policy.--The Congress further finds the 
following:
            (1) United States Government strategy has dramatically 
        shifted precious antidrug resources away from United States 
        priorities set in the 1980's--away from the prior emphasis on 
        drug prevention for children, drug interdiction, and 
        international source country programs.
            (2) United States Government strategy has been weak in 
        responding to statutory deadlines, has been characterized by an 
        absence of statutorily mandated measurable goals, lack of 
        effective coordination and program accountability, and often 
        untargeted and insufficient funding, from the smallest agencies 
        involved in the drug war up to and including the White House 
        Drug Policy Office.
            (3) It has been reported that United States Government 
        policy reduced the national security priority placed on 
        international drug trafficking from the top tier (number 3) to 
        the bottom tier (number 29).
            (4) United States Government policy has emphasized 
        additional funding for unproven drug treatment techniques at 
        the expense of accountable drug prevention programs that 
        effectively teach a right-wrong distinction.
            (5) The United States Government has failed to assess the 
        outcomes of $3,000,000,000 spent per year in drug 
        rehabilitation and has failed to shift resources from 
        ineffective programs to programs that save lives.
            (6) United States Government policy has not offered 
        sufficient flexibility to local and State law enforcement 
        agencies to combat drug abuse through measures such as 
        additional block grant funding.
            (7) United States Government strategy has not properly 
        emphasized the important, increased role that can legitimately 
        be played by the National Guard, the United States military, 
        and United States intelligence agencies in confronting the 
        rising drug trafficking threat.
            (8) United States Government strategy underemphasizes 
        community and parental actions and the need to engage children 
        at an early age in prevention activities.
            (9) For the past four years, United States Government 
        strategy has failed to use the media to communicate a 
        consistent, intense antidrug message to young people.
    (d) Declaration of Policy.--The Congress declares that--
            (1) a thorough review of the United States counternarcotics 
        strategy is urgently needed; and
            (2) the establishment of a commission on international 
        narcotics control in accordance with section 6 will assist in 
        such review.

SEC. 2. DISAPPROVAL OF DETERMINATION OF PRESIDENT REGARDING MEXICO.

    (a) In General.--Pursuant to subsection (d) of section 490 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2291j), effective 90 days 
after the date of the enactment of this joint resolution Congress 
disapproves the determination of the President with respect to Mexico 
for fiscal year 1997 that is contained in the certification 
(transmittal no. 97-18) submitted to Congress by the President under 
subsection (b) of that section on February 28, 1997.
    (b) Exception.--Subsection (a) shall not take effect if, within 90 
days after the date of the enactment of this joint resolution, the 
President determines and reports in writing to the Congress that the 
President has obtained reliable assurances of substantial progress 
toward--
            (1) obtaining authorization from the Government of Mexico 
        to allow additional agents of the Drug Enforcement 
        Administration, or other United States law enforcement agents 
        (as of February 28, 1997), for critical narcotics control 
        operations in Mexico, including authorization of appropriate 
        privileges and immunities for such agents;
            (2) obtaining authorization from the Government of Mexico 
        to allow United States law enforcement agents in Mexico to 
        carry firearms for self-defense in areas where required to 
        cooperate with the Government of Mexico on narcotics control 
        efforts;
            (3) obtaining assurances of substantial progress by, and 
        commitments from, the Government of Mexico that the Government 
        will take concrete measures to find and eliminate law 
        enforcement corruption in Mexico and will cooperate fully with 
        United States law enforcement personnel on narcotics control 
        matters;
            (4) obtaining assurances of substantial progress by, and 
        commitments from, the Government of Mexico that the Government 
        will extradite Mexican nationals wanted by the United States 
        Government for drug trafficking and other drug-related 
        offenses;
            (5) obtaining assurances from the Government of Mexico that 
        the Government is making substantial progress in securing 
        aircraft overflight and refueling rights that are necessary for 
        full cooperation with the United States on narcotics control 
        efforts, including adequate aircraft radar coverage to monitor 
        and detect all aircraft entering and transiting through Mexico 
        that are suspected of involvement in drug trafficking; and
            (6) obtaining assurances from the Government of Mexico that 
        the Government is making substantial progress toward a 
        permanent maritime agreement with the United States to allow 
        vessels of the United States Coast Guard and other appropriate 
        vessels to halt and hold drug traffickers pursued into Mexican 
        waters.

SEC. 3. WAIVER OF REQUIREMENT TO WITHHOLD ASSISTANCE FOR MEXICO.

    (a) Waiver.--Notwithstanding subsections (e) and (f) of section 490 
of the Foreign Assistance Act of 1961, the requirement to withhold 
United States assistance and to vote against multilateral development 
bank assistance contained in such subsection (e) shall not apply with 
respect to Mexico until March 1, 1998, if at any time after the date of 
the enactment of this joint resolution, the President submits to 
Congress a determination and certification described in subsection (b) 
of this section.
    (b) Determination and Certification.--A determination and 
certification described in this subsection is a determination and 
certification consistent with section 490(b)(1)(B) of the Foreign 
Assistance Act of 1961 that the vital national interests of the United 
States require that the assistance withheld pursuant to section 
490(e)(1) of such Act be provided for Mexico and that the United States 
not vote against multilateral development bank assistance for Mexico 
pursuant to section 490(e)(2) of such Act.

SEC. 4. RULE OF CONSTRUCTION.

    For purposes of section 490(d) of the Foreign Assistance Act of 
1961, this joint resolution shall be deemed to have been enacted within 
30 calendar days after February 28, 1997.

SEC. 5. CONSULTATIONS WITH THE CONGRESS.

    (a) Consultations.--The President shall consult with the Congress 
on the status of counter-narcotics cooperation between the United 
States and each major illicit drug producing country or major drug-
transit country.
    (b) Purpose.--
            (1) In general.--The purpose of the consultations under 
        subsection (a) shall be to facilitate improved discussion and 
        understanding between the Congress and the President on United 
        States counter-narcotics goals and objectives with regard to 
        the countries described in subsection (a), including the 
        strategy for achieving such goals and objectives.
            (2) Regular and special consultations.--In order to carry 
        out paragraph (1), the President (or senior officials 
        designated by the President who are responsible for 
        international narcotics programs and policies) shall meet with 
        Members of Congress--
                    (A) on a quarterly basis for discussions and 
                consultations; and
                    (B) whenever time-sensitive issues arise.

SEC. 6. HIGH LEVEL COMMISSION ON INTERNATIONAL NARCOTICS CONTROL.

    (a) Findings.--The Congress finds the following:
            (1) The consumption of narcotics in the United States is a 
        serious problem that is ravaging the United States, especially 
        America's youth.
            (2) Despite the dedicated and persistent efforts of the 
        United States and other nations, international narcotics 
        trafficking and consumption remains a serious problem.
            (3) The total eradication of international narcotics 
        trafficking requires a long-term strategy that necessitates 
        close international cooperation.
            (4) The annual certification process relating to 
        international narcotics control under section 490 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is flawed 
        because--
                    (A) the process addresses only whether or not the 
                source country is cooperating with United States 
                narcotics control efforts and does not take into 
                account all underlying factors;
                    (B) the process reviews narcotics control efforts 
                only on an annual basis; and
                    (C) the process fails to account for the divergent 
                economic, political, and social circumstances of 
                countries under review which can influence the decision 
                by the United States to decertify a foreign nation, 
                thereby leading to unpredictability, non-transparency, 
                and lack of international credibility in the process.
            (5) The problem of international narcotics trafficking is 
        not being effectively addressed by the annual certification 
        process under section 490 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2291j).
    (b) Establishment.--There is established a commission to be known 
as the High Level Commission on International Narcotics Control 
(hereinafter referred to as the ``Commission'').
    (c) Duties.--The Commission shall conduct a review of the annual 
certification process relating to international narcotics control under 
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) to 
determine the effectiveness of such process in curtailing international 
drug trafficking, and the effectiveness of such process in reducing 
drug use and consumption within the United States.
    (d) Membership.--
            (1) Number and appointment.--The Commission shall consist 
        of 14 members, as follows:
                    (A) The Secretary of State or the Secretary's 
                designee.
                    (B) The Secretary of the Treasury or the 
                Secretary's designee.
                    (C) The Attorney General or the Attorney General's 
                designee.
                    (D) The Director of the Office of National Drug 
                Control Policy or the Director's designee.
                    (E) The Governors of the States of Arizona, 
                California, New Mexico, and Texas, or their designees.
                    (F) The following Members of Congress appointed not 
                later than 30 days after the date of the enactment of 
                this joint resolution as follows:
                            (i)(I) 2 Members of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives.
                            (II) 1 member of the House of 
                        Representatives appointed by the minority 
                        leader of the House of Representatives.
                            (ii)(I) 2 Members of the Senate appointed 
                        by the majority leader of the Senate.
                            (II) 1 member of the Senate appointed by 
                        the minority leader of the Senate.
            (2) Terms.--Each member of the Commission shall be 
        appointed for the life of the Commission.
            (3) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
            (4) Chairperson.--The Chairperson of the Commission shall 
        be elected by the members.
            (5) Basic pay.--Each member shall serve without pay. Each 
        member shall receive travel expenses, including per diem in 
        lieu of subsistence, in accordance with sections 5702 and 5703 
        of title 5, United States Code.
            (6) Quorum.--A majority of the members shall constitute a 
        quorum for the transaction of business.
            (7) Meetings.--The Commission shall meet at the call of the 
        chairperson.
    (e) Director and Staff; Experts and Consultants.--
            (1) Director.--The Commission shall have a director who 
        shall be appointed by the chairperson subject to rules 
        prescribed by the Commission.
            (2) Staff.--Subject to rules prescribed by the Commission, 
        the chairperson may appoint and fix the pay of such additional 
        personnel as the chairperson considers appropriate.
            (3) Applicability of certain civil service laws.--The 
        director and staff of the Commission may be appointed without 
        regard to title 5, United States Code, governing appointments 
        in the competitive service, and may be paid without regard to 
        the requirements of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that an individual so appointed may not 
        receive pay in excess of the maximum annual rate of basic pay 
        payable for GS-15 of the General Schedule.
            (4) Experts and consultants.--The chairperson may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, at rates for individuals not to 
        exceed the daily equivalent of the maximum annual rate of basic 
        pay payable for GS-15 of the General Schedule.
            (5) Staff of federal agencies.--Upon request of the 
        chairperson, the head of any Federal agency may detail, on a 
        reimbursable basis, any of the personnel of the agency to the 
        Commission to assist the Commission in carrying out its duties.
    (f) Powers.--
            (1) Obtaining official data.--The chairperson may secure 
        directly from any Federal agency information necessary to 
        enable the Commission to carry out its duties. Upon request of 
        the chairperson, the head of the agency shall furnish such 
        information to the Commission to the extent such information is 
        not prohibited from disclosure by law.
            (2) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        Federal agencies.
            (3) Administrative support services.--Upon the request of 
        the chairperson, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its duties.
            (4) Contract authority.--The chairperson may contract with 
        and compensate government and private agencies or persons for 
        the purpose of conducting research, surveys, and other services 
        necessary to enable the Commission to carry out its duties.
    (g) Reports.--
            (1) Interim report.--Not later than 6 months after the date 
        of the enactment of this joint resolution, the Commission shall 
        prepare and submit to the President and the Congress an interim 
        report on the following:
                    (A) The overall effectiveness of the annual 
                certification process relating to international 
                narcotics control under section 490 of the Foreign 
                Assistance Act of 1961 (22 U.S.C 2291j) in curtailing 
                international drug trafficking.
                    (B) The impact of such annual certification process 
                in enhancing international counternarcotics 
                cooperation.
                    (C) The transparency and predictability of such 
                annual certification process in curtailing 
                international drug trafficking.
                    (D) Recommendations for actions that are 
                necessary--
                            (i) to eliminate international narcotics 
                        trafficking;
                            (ii) to improve cooperation among countries 
                        in efforts to curtail international narcotics 
                        trafficking, including necessary steps to 
                        identify all areas in which inter-American 
                        cooperation can be initiated and 
                        institutionalized; and
                            (iii) to improve the transparency and 
                        predictability of the annual certification 
                        process relating to international narcotics 
                        control under section 490 of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2291j).
                    (E) Any additional measures to win the war on 
                drugs.
            (2) Final report.--Not later than 1 year after the date of 
        the enactment of this joint resolution, the Commission shall 
        prepare and submit to the President and the Congress a final 
        report that, at a minimum, contains the following:
                    (A) Information that meets the requirements of the 
                information described in the initial report under 
                paragraph (1) and that has been updated since the date 
                of the submission of the interim report, as 
                appropriate.
                    (B) Any other related information that the 
                Commission considers to be appropriate.
    (h) Termination.--The Commission shall terminate 6 months after the 
date on which the Commission submits its final report under subsection 
(g)(2).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this section.
            (2) Availability.--Amounts authorized to be appropriated 
        under paragraph (1) are authorized to remain available until 
        expended.

            Passed the House of Representatives March 13, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.