[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2134 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2134


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2009

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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:

                                            LORRAINE C. MILLER,

                                                                 Clerk.