[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1317 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1317

   To establish the High Level Commission on International Narcotics 
                                Control.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 1997

   Mr. Kolbe (for himself, Mr. Diaz-Balart, and Mr. Barton of Texas) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
   To establish the High Level Commission on International Narcotics 
                                Control.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counter-Narcotics Policy Review 
Act''.

SEC. 2. 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 fails to enhance international 
                cooperation;
                    (B) the process reviews narcotics control efforts 
                only on an annual basis and fails to enumerate long-
                term goals and objectives;
                    (C) the process is not a comprehensive review of 
                all countries that contribute to international 
                narcotics trafficking; and
                    (D) 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).

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the High Level 
Commission on International Narcotics Control (hereinafter referred to 
as the ``Commission'').

SEC. 4. 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, the effectiveness of such process in enhancing 
international counter-narcotics cooperation, and the effectiveness of 
such process in reducing drug use and consumption within the United 
States.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall consist of 12 
members, as follows:
            (1) The Secretary of State or the Secretary's designee.
            (2) The Secretary of the Treasury or the Secretary's 
        designee.
            (3) The Attorney General or the Attorney General's 
        designee.
            (4) The Director of the Office of National Drug Control 
        Policy or the Director's designee.
            (5) The Director of the Drug Enforcement Administration or 
        the Director's designee.
            (6) The Director of Central Intelligence or the Director's 
        designee.
            (7) The following Members of Congress appointed not later 
        than 30 days after the date of the enactment of this Act as 
        follows:
                    (A)(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.
                    (B)(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.
    (b) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d) Chairperson.--The Director of the Office of National Drug 
Control Policy (or the Director's designee) shall serve as the 
Chairperson of the Commission until such time as the members of the 
Commission can elect a Chairperson.
    (e) 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.
    (f) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (g) Meetings.--The Commission shall meet at the call of the 
chairperson.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a director who shall be 
appointed by the chairperson subject to rules prescribed by the 
Commission.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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.

SEC. 7. POWERS.

    (a) 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.
    (b) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (c) 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.
    (d) 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.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commission shall prepare and submit to the 
President and the Congress an interim report on the following:
            (1) 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.
            (2) The impact of such annual certification process in 
        enhancing international counternarcotics cooperation.
            (3) The transparency and predictability of such annual 
        certification process.
    (b) Final Report.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall prepare and submit to the 
President and the Congress a final report that, at a minimum, contains 
the following:
            (1) Information that meets the requirements of the 
        information described in the initial report under subsection 
        (a) and that has been updated since the date of the submission 
        of the interim report, as appropriate.
            (2) Recommendations for actions that are necessary--
                    (A) to eliminate international narcotics 
                trafficking;
                    (B) 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
                    (C) 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).
            (3) Any additional measures to win the war on drugs.
            (5) Any other related information that the Commission 
        considers to be appropriate.
    (c) Additional Recommendations.--In the event the Commission 
determines 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 be ineffective in curtailing international 
narcotics trafficking or in enhancing international cooperation to 
combat such trafficking, the Commission shall include in the final 
report under subsection (b) its recommendation for alternatives to such 
process in either legislative or nonlegislative form that are designed 
to replace such process and to improve international cooperation in 
curtailing international narcotics trafficking.

SEC. 9. TERMINATION.

    The Commission shall terminate 6 months after the date on which the 
Commission submits its final report under section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Availability.--Amounts authorized to be appropriated under 
subsection (a) are authorized to remain available until expended.
                                 <all>