[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2134 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 2134
_______________________________________________________________________
AN ACT
To establish the Western Hemisphere Drug Policy Commission.
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 ``Western Hemisphere Drug Policy
Commission Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Substance Abuse and Mental Health
Services Administration's (SAMHSA) National Survey on Drug Use
and Health, in 2008 in the United States, there were an
estimated 25,768,000 users of marijuana, 5,255,000 users of
cocaine, 850,000 users of methamphetamine, and 453,000 users of
heroin.
(2) Nearly 100 percent of the United States cocaine supply
originates in the Andean countries of Bolivia, Colombia, and
Peru and over 90 percent of the United States heroin supply
originates in Colombia and Mexico.
(3) In those countries, the cultivation, production and
trafficking of cocaine and heroin generate violence,
instability and corruption.
(4) In the transit countries of Central America, Mexico,
Venezuela, Ecuador, Haiti, and other Caribbean countries, drug
trafficking is central to the growing strength of organized
criminals to threaten local and national law enforcement,
political institutions, citizen security, rule of law, and
United States security and interests.
(5) Drug-related violence is on the rise in Mexico and
along the United States-Mexico border. 5,661 people died in
Mexico in 2008 alone as a result of drug-related violence. This
is more than double the 2007 total of 2,773.
(6) According to the Department of State's June 2009
Trafficking in Persons report, organized criminal networks in
Mexico also ``traffic Mexican women and girls into the United
States for commercial sexual exploitation''.
(7) Extremist groups and their supporters in the Western
Hemisphere, including the Revolutionary Armed Forces of
Colombia (FARC) and Hezbollah, often use drug trafficking to
finance terrorist activities.
(8) From 1980-2008, United States counternarcotics
assistance from the State and Defense Departments to Latin
America and the Caribbean totaled about $11,300,000,000.
SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').
SEC. 4. PURPOSE.
The Commission shall review and evaluate United States policy
regarding illicit drug supply reduction and interdiction, with
particular emphasis on international drug policies and programs
directed toward the countries of the Western Hemisphere, along with
foreign and domestic demand reduction policies and programs. The
Commission shall identify policy and program options to improve
existing international and domestic counternarcotics policy.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Review of Illicit Drug Supply Reduction and Demand Reduction
Policies.--The Commission shall conduct a comprehensive review of
United States policy regarding illicit drug supply reduction,
interdiction, and demand reduction policies and shall, at a minimum,
address the following topics:
(1) An assessment of United States international illicit
drug control policies in the Western Hemisphere.
(2) An assessment of drug interdiction efforts, crop
eradication programs, and the promotion of economic development
alternatives to illicit drugs.
(3) The impact of the Andean Counterdrug Initiative (ACI),
the Merida Initiative, the Caribbean Basin Security Initiative,
and other programs in curbing drug production, drug
trafficking, and drug-related violence in the Western
Hemisphere.
(4) An assessment of how to better deploy and employ
available technology to target major drug cartels.
(5) An assessment of efforts to curb the trafficking of
chemical precursors for illicit drugs.
(6) An assessment of how the United States drug
certification process serves United States interests with
respect to United States international illicit drug control
policies.
(7) An assessment of the nature and extent of the United
States population's demand for illicit drugs.
(8) An assessment of United States drug prevention and
treatment programs, including anti-drug coalitions, drug
courts, and programs aimed at preventing recidivism.
(9) An assessment of the extent to which the consumption of
illicit drugs in the United States is driven by individuals
addicted to or abusive of illicit drugs, and the most effective
experiences in the United States and throughout the world in
treating those individuals and reducing the damage to
themselves and to society.
(10) Recommendations on how best to improve United States
policies aimed at reducing the supply of and demand for illicit
drugs.
(11) Assessing the value of supporting relevant government
entities and nongovernmental institutions in other countries of
the Western Hemisphere in promoting the reduction of supply of
and demand for illicit drugs.
(12) An assessment of whether the proper indicators of
success are being used in United States illicit drug control
policy.
(b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In
conducting the review required under subsection (a), the Commission
shall consult with--
(1) government, academic, and nongovernmental leaders, as
well as leaders from international organizations, from
throughout the United States, Latin America, and the Caribbean;
and
(2) the Inter-American Drug Abuse Control Commission
(CICAD) to examine what changes would increase its
effectiveness.
(c) Report.--
(1) In general.--Not later than 12 months after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate, the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate, the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate, the Secretary of State, the Secretary of Defense, the
Secretary of Health and Human Services, the Attorney General,
and the Director of the Office of National Drug Control Policy
(ONDCP) a report that contains a detailed statement of the
recommendations, findings, and conclusions of the Commission,
including summaries of the input and recommendations of the
leaders and organizations with which is consulted under
subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
SEC. 6. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
ten members, to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint two members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint two members.
(3) The President shall appoint two members.
(b) Appointments.--The Commission may not include Members of
Congress or other currently elected Federal, State, or local government
officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act.
(e) Initial Meeting and Selection of Chairperson.--Not later than
60 days after the date of the enactment of this Act, the Commission
shall hold an initial meeting to develop and implement a schedule for
completion of the review and report required under section 5. At the
initial meeting, the Commission shall select a Chairperson from among
its members.
(f) Quorum.--Six members of the Commission shall constitute a
quorum.
(g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 7. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines necessary to carry
out its duties.
(c) Other Resources.--The Commission shall have reasonable access
to documents, statistical data, and other such information the
Commission determines necessary to carry out its duties from the
Library of Congress, the Office of National Drug Control Policy, the
Department of State, the Department of Health and Human Services, the
Department of Justice, the Drug Enforcement Administration, the
Department of Defense (including the United States Southern Command),
and other agencies of the executive and legislative branches of the
Federal Government. The Chairperson of the Commission shall make
requests for such access in writing when necessary. The General
Services Administration (GSA) shall make office space available for
day-to-day Commission activities and for scheduled Commission meetings.
Upon request, the Administrator of General Services shall provide, on a
reimbursable basis, such administrative support as the Commission
requests to fulfill its duties.
(d) Authority to Use the United States Mails.--The Commission may
use the United States mails in the same manner and under the same
conditions as other departments and agencies of the United States.
(e) Authority to Contract.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is authorized to
enter into contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities necessary
to the discharge of its duties and responsibilities. A contract, lease,
or other legal agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.
SEC. 8. STAFF.
(a) Executive Director.--The Commission shall have a staff headed
by an Executive Director. The Executive Director and such staff as is
needed shall be paid at a rate not more than the rate of pay for level
IV of the Executive Schedule.
(b) Staff Appointment.--With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive Director
determines to be appropriate. The Commission may appoint and fix the
compensation of such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable to a person
occupying a position at level V of the Executive Schedule under section
5316 of such title.
(c) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,000,000
to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available, without fiscal year limitation, until expended.
SEC. 10. SUNSET.
The Western Hemisphere Drug Policy Commission shall terminate 60
days after the submission to Congress of its report under section 5(c).
Passed the House of Representatives December 8, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 2134
_______________________________________________________________________
AN ACT
To establish the Western Hemisphere Drug Policy Commission.