[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4011 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4011

      To establish the Western Hemisphere Drug Policy Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2010

  Mr. Menendez (for himself, Mr. Lugar, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
      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 2010''.

SEC. 2. 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. 3. PURPOSE.

    The purposes of the Commission are as follows:
            (1) The Commission shall review and evaluate the 
        effectiveness of United States policies and programs regarding 
        illicit drug supply reduction and interdiction with an emphasis 
        on the countries of the Western Hemisphere, as well as foreign 
        and domestic demand reduction policies and programs. The 
        Commission shall recommend changes to such policies and 
        programs that could more effectively--
                    (A) reduce the supply and trafficking of, and 
                demand for, illicit drugs;
                    (B) reduce the violence and corruption associated 
                with illicit drug production and distribution;
                    (C) reduce the threats to public health associated 
                with illicit drug use, such as the spread of HIV/AIDS; 
                and
                    (D) anticipate and mitigate the unintended adverse 
                consequences associated with policies intended to 
                reduce illicit drug supply and demand.
            (2) The Commission shall recommend a multi-year interagency 
        counternarcotics strategy for the Western Hemisphere, 
        describing the diplomatic, criminal justice, civil society, 
        economic development, demand reduction, military, and other 
        assistance required to achieve regional counternarcotics goals.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Review of Illicit Drug Supply Reduction and Demand Reduction 
Policies.--The Commission shall conduct a comprehensive review of the 
effectiveness of United States policies 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 illicit drug control 
        policies in the Western Hemisphere, including interdiction 
        efforts, efforts to curb the trafficking of chemical 
        precursors, crop eradication programs, and the support of 
        economic development alternatives to illicit drug crop 
        cultivation and production.
            (2) The impact of the Andean Counterdrug Initiative, the 
        Merida Initiative, the Central American Regional Security 
        Initiative (CARSI), the Caribbean Basin Security Initiative, 
        and other programs in curbing illicit drug production, drug 
        trafficking, and drug-related violence in the region.
            (3) A review of the illicit drug control programs and 
        resources utilized by all agencies and departments of the 
        United States Government and recommendations to reduce 
        duplication of efforts and resources and improve coordination.
            (4) An assessment of the extent to which the United States 
        drug certification process serves United States interests with 
        respect to United States illicit drug control objectives in the 
        Western Hemisphere.
            (5) An assessment of the nature and extent of the United 
        States population's demand for illicit drugs.
            (6) An assessment of whether the latest supply and 
        availability estimates for marijuana, cocaine, heroin, and 
        methamphetamine indicate that United States retail-level 
        availability is stable, significantly lower, or significantly 
        higher than it was one year earlier and ten years earlier.
            (7) 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 of the most 
        effective methods in the United States and other countries for 
        treating those individuals and reducing the damage to 
        themselves, their families, and society, including anti-drug 
        coalitions, drug courts, and programs aimed at preventing 
        recidivism.
            (8) An assessment of whether proper and realistic goals are 
        being set for United States illicit drug control policy, and 
        whether appropriate indicators of success are being used to 
        measure performance and outcomes.
            (9) An assessment of the effectiveness of the illicit drug 
        control policies and programs of other countries facing similar 
        challenges, and the extent to which they could be effective if 
        adopted and implemented by the United States.
            (10) Recommendations for changes to United States policies 
        and programs that could more effectively--
                    (A) reduce the supply and trafficking of, and 
                demand for, illicit drugs;
                    (B) reduce the violence and corruption associated 
                with illicit drug production and distribution;
                    (C) reduce the threats to public health associated 
                with illicit drug use, such as the spread of HIV/AIDS; 
                and
                    (D) anticipate and mitigate the unintended adverse 
                consequences associated with policies intended to 
                reduce illicit drug supply and demand.
    (b) Multiyear Interagency Counternarcotics Strategy.--The 
Commission shall recommend a multiyear interagency counternarcotics 
strategy for the Western Hemisphere that includes--
            (1) a description of the diplomatic, criminal justice, 
        anti-corruption, civil society, economic development, demand 
        reduction, military, intelligence sharing and other assistance 
        required to achieve regional counternarcotics goals;
            (2) a methodology for countering shifts in production and 
        transit routes by producers and traffickers due to pressure 
        from counternarcotics efforts;
            (3) the role of each of the relevant United States 
        government agencies in effectively coordinating the multiyear 
        strategy, including--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development;
                    (C) the Department of Defense;
                    (D) the Department of Justice;
                    (E) the Department of Homeland Security; and
                    (F) the intelligence agencies; and
            (4) regional and, as necessary, country-specific metrics 
        that reflect the particular challenges in source, transit, and 
        demand zone countries.
    (c) Coordination With Governments, International Organizations, and 
Nongovernmental Organizations (NGOS) in the Western Hemisphere.--In 
conducting the review required under subsection (a) and preparing the 
strategy required under subsection (b), the Commission shall consult 
with--
            (1) government, academic, and nongovernmental leaders from 
        the United States, Latin America, and the Caribbean, as well as 
        leaders of international organizations; and
            (2) the Inter-American Drug Abuse Control Commission 
        (CICAD) to examine what changes would increase its 
        effectiveness.
    (d) Report.--
            (1) In general.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall submit to the 
        Committees on Appropriations, Foreign Relations, Armed 
        Services, Health, Education, Labor and Pensions, and the 
        Judiciary of the Senate, and the Committees on Appropriations, 
        Foreign Affairs, Armed Services, Energy and Commerce, and the 
        Judiciary of the House of Representatives, the Secretary of 
        State, the Administrator of the United States Agency for 
        International Development, the Secretary of Defense, the 
        Secretary of the Treasury, 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 details 
        the findings, conclusions, and recommendations of the 
        Commission, including the findings of the review conducted 
        under subsection (a), the strategy prepared under subsection 
        (b), and summaries of the views and recommendations of the 
        leaders and organizations with which it consulted under 
        subsection (c).
            (2) Public availability.--The report required under this 
        subsection shall be made available to the public in a timely 
        manner.

SEC. 5. 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 who are 
        employees of departments and agencies of the United States with 
        expertise relevant to the Commission's work.
    (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 60 days after the date of the enactment of this Act.
    (e) Initial Meeting and Selection of Chairperson.--Not later than 
90 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, strategy, and report required under section 
4. 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. 6. 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 timely and 
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 United States Agency for 
International Development, the Department of Health and Human Services, 
the Department of Justice (including the Drug Enforcement 
Administration), the Department of Defense (including the United States 
Southern and Northern Commands), the Department of the Treasury, 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.--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. 7. STAFF.

    (a) Executive Director.--The Commission shall have a staff headed 
by an Executive Director. The Executive Director and such staff shall 
be paid at a rate of not more than the daily equivalent of the 
compensation prescribed for level V 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. 8. AUTHORIZATION OF APPROPRIATIONS.

    Of the amounts authorized to be appropriated to the Department of 
State under the heading ``Diplomatic and Consular Programs'' for fiscal 
years 2011 and 2012, not more than $250,000 may be made available to 
the Commission to carry out the purposes of this Act.

SEC. 9. SUNSET.

    The Western Hemisphere Drug Policy Commission shall terminate 60 
days after the submission to Congress of the report required under 
section 4(d).
                                 <all>