[Congressional Record (Bound Edition), Volume 155 (2009), Part 22]
[House]
[Pages 29851-29854]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1100
         WESTERN HEMISPHERE DRUG POLICY COMMISSION ACT OF 2009

  Mr. ENGEL. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2134) to establish the Western Hemisphere Drug Policy 
Commission, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2134

       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

[[Page 29852]]

     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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page 29853]]

New York (Mr. Engel) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Madam Speaker, I rise in strong support of H.R. 2134, a 
bill that I authored to establish a Western Hemisphere Drug Policy 
Commission.
  I thank Foreign Affairs Chairman Howard Berman and Ranking Member 
Ileana Ros-Lehtinen for their support of this bill.
  I am particularly grateful to Connie Mack, the ranking member of the 
Western Hemisphere Subcommittee, which I chair, for being my lead 
Republican cosponsor of this bill.
  Madam Speaker, billions of U.S. taxpayer dollars have been spent over 
the years to fight the drug trade in Latin America and the Caribbean. 
In spite of our efforts, drug use in the United States has increased.
  According to the Brookings Institution, since the peak of the heroin 
and cocaine epidemics of the mid-1980s, consumption rates for these 
narcotics have remained more or less stable. At the same time, 
amphetamine use has spread.
  As Members of Congress, we owe it to our constituents to do a better 
job combating the drug trade and taking illegal drugs off of our 
cities' streets. I believe that we are long past due in reexamining our 
counternarcotics efforts here at home and throughout the Americas.
  H.R. 2134 will create an independent commission to evaluate U.S. drug 
policies and programs aimed at reducing illicit drug supply in the 
Americas and the demand for these drugs here at home. This commission 
will assess all aspects of the illegal drug trade, including prevention 
and treatment programs in the United States.
  The Western Hemisphere Drug Policy Commission will be required to 
submit recommendations on future U.S. drug policy to Congress and 
various Cabinet secretaries, including the Secretary of State, the 
Secretary of Defense, the Secretary of Health and Human Services, and 
the Attorney General.
  To tackle our Nation's horrific drug problem once and for all, we 
must have a better sense of what works and what does not work. The 
citizens of our great country, who deal every day with illegal drugs on 
their streets, and our partners in the Americas, who have worked with 
us in fighting the drug trade for years, deserve no less.
  Madam Speaker, I have long thought that, as we try to combat the 
growing of crops that produce drugs, we also need to combat the 
consumption side here at home, and this report will help us to 
understand what we can do more effectively. I urge my colleagues to 
support this crucial legislation.

                                    Congress of the United States,


                                   Committee on the Judiciary,

                                 Washington, DC, November 5, 2009.
     Hon. Howard Berman,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives, Washington, DC.
       Dear Howard. This is to advise you that, as a result of 
     your having consulted with us on provisions in H.R. 2134, the 
     Western Hemisphere Drug Policy Commission Act of 2009, that 
     fall within the rule X jurisdiction of the Committee on the 
     Judiciary, we are able to agree to discharging our committee 
     from further consideration of the bill, in order that it may 
     proceed without delay to the House floor for consideration.
       The Judiciary Committee takes this action with the 
     understanding that by forgoing further consideration of H.R. 
     2134 at this time, we do not waive any jurisdiction over 
     subject matter contained in this or similar legislation, and 
     that our Committee will be appropriately consulted and 
     involved as the bill moves forward, so that we may address 
     any remaining issues on matters in our jurisdiction. We also 
     reserve the right to seek appointment of an appropriate 
     number of conferees to any House-Senate conference involving 
     this important legislation, and request your support if such 
     a request is made.
       I would appreciate your including this letter in your 
     committee report, or in the Congressional Record during 
     consideration of the bill on the House floor. Thank you for 
     your attention to our requests, and for the cooperative 
     relationship between our two committees.
           Sincerely,
                                                John Conyers, Jr.,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, November 20, 2009.
     Hon. John Conyers, Jr.,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2134, the ``Western Hemisphere Drug Policy Commission Act of 
     2009.''
       I appreciate your willingness to work cooperatively on this 
     legislation. I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on the 
     Judiciary. I acknowledge that your Committee will not 
     formally consider the bill and agree that the inaction of 
     your Committee with respect to the bill does not waive any 
     future jurisdictional claim over the matters contained in the 
     bill which fall within the Committee's Rule X jurisdiction.
       Further, as to any House-Senate conference on the bill, I 
     understand that your Committee reserves the right to seek the 
     appointment of conferees for consideration of portions of the 
     bill that are within the Committee's jurisdiction, and I 
     agree to support a request by the Committee with respect to 
     serving as conferees on the bill, consistent with the 
     Speaker's practice in this regard.
       I will ensure that our exchange of letters is included in 
     the Congressional Record, and I look forward to working with 
     you on this important legislation.
           Sincerely,
                                                 Howard L. Berman,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, October 28, 2009.
     Hon. Howard Berman,
     Chairman, House Committee on Foreign Affairs, Washington, DC.
       Dear Chairman Berman: I am writing to confirm our 
     understanding regarding H.R. 2134, the ``Western Hemisphere 
     Drug Policy Commission Act of 2009.'' As you know, this bill 
     was referred to the Committee on Energy and Commerce, which 
     has jurisdictional interest in provisions of the bill.
       In light of the interest in moving this bill forward 
     promptly, I do not intend to exercise the jurisdiction of the 
     Committee on Energy and Commerce by conducting further 
     proceedings on H.R. 2134. I do this, however, only with the 
     understanding that foregoing further consideration of H.R. 
     2134 at this time will not be construed as prejudicing this 
     Committee's jurisdictional interests and prerogatives on the 
     subject matter contained in this or similar legislation. In 
     addition, we reserve the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this legislation.
       I would appreciate your including this letter in the 
     Congressional Record during consideration of the bill on the 
     House floor. Thank you for your cooperation on this matter.
           Sincerely,
                                                  Henry A. Waxman,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                 Washington, DC, November 2, 2009.
     Hon. Henry A. Waxman,
     Chairman, Committee on Energy & Commerce, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2134, the ``Western Hemisphere Drug Policy Commission Act of 
     2009.''
       I appreciate your willingness to work cooperatively on this 
     legislation. I recognize that the bill contains provisions 
     that fall within the jurisdiction of the Committee on Energy 
     and Commerce. I acknowledge that your Committee will not 
     formally consider the bill and agree that the inaction of 
     your Committee with respect to the bill does not waive any 
     future jurisdictional claim over the matters contained in the 
     bill which fall within the Committee's Rule X jurisdiction.
       Further, as to any House-Senate conference on the bill, I 
     understand that your Committee reserves the right to seek the 
     appointment of conferees for consideration of portions of the 
     bill that are within the Committee's jurisdiction, and I 
     agree to support a request by the Committee with respect to 
     serving as conferees on the bill, consistent with the 
     Speaker's practice in this regard.
       I will ensure that our exchange of letters is included in 
     the Congressional Record, and I look forward to working with 
     you on this important legislation.
           Sincerely,
                                                 Howard L. Berman,
                                                         Chairman.

  Madam Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.

[[Page 29854]]

  Madam Speaker, the United States has been involved in multilateral 
international drug control efforts for nearly a century.
  Over the years, our agencies have used a wide array of tools to 
counter the drug trade in our hemisphere, ranging from multilateral 
cooperation and foreign assistance restrictions, to crop eradication, 
alternative development, interdiction, and institutional capacity 
building. Here within our own hemisphere the U.S. remains a major 
supporter and participant of the Inter-American Drug Abuse Control 
Commission.
  Regionally and bilaterally the U.S. has also worked closely with 
responsible partners on counternarcotics efforts through important 
programs such as the Merida Initiative, the Andean Counterdrug 
Initiative, Plan Colombia, and the upcoming Caribbean Basin Security 
Initiative. Through these programs and others, at least eight U.S. 
agencies are involved in implementing U.S. international 
counternarcotics activities.
  The Western Hemisphere Drug Policy Commission, created by this bill, 
H.R. 2134, will be responsible for assessing the promotion of economic 
development alternatives to illicit drugs, how to better employ 
technology to target major drug cartels, U.S. drug prevention and 
treatment programs, and the value of working with other governments and 
NGOs to promote the reduction of supply and demand for illicit drugs.
  After this 1-year review, the commission will complete its mandate by 
providing a report to Congress that provides an assessment of overall 
U.S. international illicit drug control policies in our Western 
Hemisphere and recommendations on how to best improve these policies. 
It is critical that the appropriate measures be taken to ensure that 
U.S. drug policy, both here at home and abroad, is responsible and is 
effective.
  Already we have seen tremendous results from some of our efforts. For 
example, in the last 2 years, the price of cocaine in the United States 
has increased nearly 80 percent while its purity has decreased nearly 
30 percent. Drugs not only poison our children and our communities, but 
drugs fund and sustain many of the violent criminal groups and 
extremist organizations lurking in our hemisphere.
  Within the last year or so, two major drug rings with ties to 
Hezbollah have been caught operating in our Western Hemisphere. The 
comfort with which these criminals traipse around the region is 
alarming.
  However, with leaders like Hugo Chavez and Daniel Ortega bending over 
backwards to let rogue states like Iran expand its presence in the 
region, it really is no surprise that extremist groups like Hezbollah 
would also make their homes here.
  We cannot allow the Western Hemisphere to become a staging ground for 
extremists. From money laundering to drug smuggling to arms 
trafficking, extremist groups like the FARC and Hezbollah, the regimes 
who support them, and their enablers are putting the people of the 
Americas in direct danger.
  The United States must continue to work with our democratic allies to 
stamp out these threats. I am hopeful that this commission will help us 
to do just that.
  Madam Speaker, I yield back the balance of my time.
  Mr. ENGEL. Madam Speaker, let me just say that I have listened to 
everything that my good friend and colleague from Florida, 
Congresswoman Ros-Lehtinen, said and I concur with every word that she 
said.
  This is a very important bill. It's a very important subject, and I 
urge my colleagues to support the bill.
  Mrs. BONO MACK. Madam Speaker, I rise in support of H.R. 2134, the 
Western Hemisphere Drug Policy Commission Act of 2009.
  Tackling substance abuse among all age groups will take a domestic 
and international effort that continually evolves to meet the 
challenge. The U.S. Government's approach to reducing the supply of and 
demand for drugs in the Western Hemisphere is a crucial place to start. 
This is the primary reason I strongly support this legislation. The 
challenge is one that not only affects so many families across our 
country, but also everything from our law enforcement efforts to 
scientific research, and diplomatic priorities.
  The need to act on all fronts--prevention, treatment, research, and 
law enforcement--is crucial. There's no silver bullet.
  In particular, I have serious concerns with the trends we are seeing 
among our youth toward prescription drug abuse. Drugs like OxyContin 
are being abused across our country, with 2,500 kids a day using a 
prescription drug to get high for the first time. Just because it's 
sitting in the medicine cabinet doesn't mean it is safe, and these 
drugs are often used as a gateway to street drugs.
  The Commission created in the legislation is necessary, as it will 
allow us to better find the solutions to reducing the numbers of those 
using these dangerous substances, which are staggering within our own 
borders. According to the National Survey on Drug Use and Health, in 
2008, over 20 million Americans aged 12 or older were current illicit 
drug users.
  I hope to continue to work with the Foreign Affairs Committee as well 
as the Energy and Commerce Committee to create a foundation for a 
domestic and international drug policy that balances maintaining our 
vital law enforcement efforts with an augmented demand-side effort 
toward reducing substance abuse and addiction.
  Finally, I appreciated the time I was able to take with the Chairman 
and Ranking Member along with other dignitaries to raise this issue at 
the Summit of the Americas. We'll only make progress if we are serious 
about an international coordinated effort.
  Mr. Engel's legislation is a positive step toward addressing this 
issue, and I look forward to the bipartisan support of our colleagues 
today on H.R. 2134.
  Mr. ENGEL, Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and pass the bill, H.R. 2134, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________