[House Report 105-20]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-20
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF HOUSE JOINT RESOLUTION 58,
DISAPPROVAL OF DETERMINATION OF PRESIDENT REGARDING MEXICO
_______
March 12, 1997.--Referred to the House Calendar and ordered to be
printed
_______________________________________________________________________
Mr. Goss, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 95]
The Committee on Rules, having had under consideration
House Resolution 95, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
Brief Summary of Provisions of Resolution
The resolution provides for the consideration of House
Joint Resolution 58, ``Disapproval of Determination of
President Regarding Mexico'' in the House under a modified
closed rule. The rule provides two hours of debate on the
resolution divided equally between the chairman and ranking
minority member of the Committee on International Relations.
The rule waives all points of order against the committee
amendment in the nature of a substitute.
The rule also provides for consideration of the amendment
printed in this report for the time specified, to be divided
equally between the proponent and an opponent. The rule also
waives all points of order against this amendment. Finally, the
rule provides for one motion to recommit with or without
instructions.
Committee Votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
rules committee rollcall no. 2
Date: March 12, 1997.
Measure: H.J. Res. 58, Disapproval of Determination of
President Regarding Mexico.
Motion By: Mr. Frost.
Summary of Motion: Makes in order amendment by
Representative Schiff to let certification stand and further
express sense of Congress regarding concerns over Mexico.
Results: Defeated, 3 to 9.
Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay;
Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay; Hastings--Nay;
Myrick--Nay; Moakley--Yea; Frost--Yea; Slaughter--Yea;
Solomon--Nay.
An amendment to the amendment in the nature of a substitute
recommended by the Committee on International Relations now
printed in House Joint Resolution 58, to be offered by
Representative Hastert of Illinois or a designee, and to be
debatable for 20 minutes.
Page 2, after line 7, insert the following:
SECTION 1. CONGRESSIONAL FINDINGS; DECLARATION OF POLICY.
(a) General Findings.--The Congress finds the following:
(1) International drug traffickers, aided by
individuals in the United States and across the Western
Hemisphere who sell and distribute deadly drugs, pose
the largest threat to Americans since the end of the
Cold War.
(2) The United States is faced with a supply of drugs
that is cheaper, more potent, and more available than
at any time in our history.
(3) The drug cartels are becoming wealthier, bolder,
and closer to the United States, and their corruption
of officials is beginning to reach inside the United
States.
(4)(A) No single action is a sufficient response to
the threat posed to our society by illegal drugs.
(B) The goal of the United States is to save our
children by eliminating the illegal drug trade.
(C) The United States Government must set forth a
comprehensive strategy that dedicates the resources
necessary to decisively win the war on drugs.
(b) Threat Drugs Pose to our Children.--The Congress further
finds the following:
(1)(A) Casual teenage drug use trends have suffered a
marked reversal over the past 5 years. Casual teenage
drug use has dramatically increased for virtually every
childhood age group and for virtually every illicit
drug, including heroin, crack, cocaine hydrochloride,
lysergic acid diethylamide (LSD), non-LSD
hallucinogens, methamphetamine, inhalants, stimulants,
and marijuana (often laced with phencyclidine (PCP) and
cocaine).
(B) Specifically, illicit drug use among 8th and 10th
graders has doubled in the last 5 years. 8 percent of
6th graders, 23 percent of 7th graders, and 33 percent
of 8th graders have tried marijuana. Since 1993, the
number of 8th graders using marijuana has increased 146
percent and overall teen drug use is up 50 percent.
(2) Rising casual teenage drug use is closely
correlated with rising juvenile violent crime, as
reported by the Department of Justice.
(3) If rising teenage drug use and the close
correlation with violent juvenile crime continue to
rise on their current path, the United States will
experience a doubling of violent crime by 2010,
according to the Department of Justice's Office of
Juvenile Justice and Delinquency Prevention.
(4) The nature of casual teenage drug use is
changing, such that annual or infrequent teenage
experimentation with illegal drugs is being replaced by
regular, monthly, or addictive teenage drug use.
(5) Nationwide, drug-related emergencies are at an
all-time high, having risen for 5 straight years by
increments of between 10 and 30 percentage points per
year for each drug measured.
(6) The nationwide street price for most illicit
drugs is lower than at any time in recent years, and
the potency of those same drugs, particularly heroin,
crack and marijuana, is higher.
(c) The Failed Antidrug Policy.--The Congress further finds
the following:
(1) United States Government strategy has
dramatically shifted precious antidrug resources away
from United States priorities set in the 1980's--away
from the prior emphasis on drug prevention for
children, drug interdiction, and international source
country programs.
(2) United States Government strategy has been weak
in responding to statutory deadlines, has been
characterized by an absence of statutorily mandated
measurable goals, lack of effective coordination and
program accountability, and often untargeted and
insufficient funding, from the smallest agencies
involved in the drug war up to and including the White
House Drug Policy Office.
(3) It has been reported that United States
Government policy reduced the national security
priority placed on international drug trafficking from
the top tier (number 3) to the bottom tier (number 29).
(4) United States Government policy has emphasized
additional funding for unproven drug treatment
techniques at the expense of accountable drug
prevention programs that effectively teach a right-
wrong distinction.
(5) The United States Government has failed to assess
the outcomes of $3,000,000,000 spent per year in drug
rehabilitation and has failed to shift resources from
ineffective programs to programs that save lives.
(6) United States Government policy has not offered
sufficient flexibility to local and State law
enforcement agencies to combat drug abuse through
measures such as additional block grant funding.
(7) United States Government strategy has not
properly emphasized the important, increased role that
can legitimately be played by the National Guard, the
United States military, and United States intelligence
agencies in confronting the rising drug trafficking
threat.
(8) United States Government strategy underemphasizes
community and parental actions and the need to engage
children at an early age in prevention activities.
(9) For the past four years, United States Government
strategy has failed to use the media to communicate a
consistent, intense antidrug message to young people.
(d) Declaration of Policy.--The Congress declares that--
(1) a thorough review of the United States
counternarcotics strategy is urgently needed; and
(2) the establishment of a commission on
international narcotics control in accordance with
section 6 will assist in such review.
Page 2, line 8, strike ``section 1'' and insert ``sec. 2''.
Page 2, line 10, strike ``Pursuant to'' and insert ``(a) In
General.--Pursuant to''.
Page 2, line 11, insert before ``Congress'' the following:
``effective 90 days after the date of the enactment of this
joint resolution''.
Page 2, after line 16, insert the following:
(b) Exception.--Subsection (a) shall not take effect if,
within 90 days after the date of the enactment of this joint
resolution, the President determines and reports in writing to
the Congress that the President has obtained reliable
assurances of substantial progress toward--
(1) obtaining authorization from the Government of
Mexico to allow additional agents of the Drug
Enforcement Administration, or other United States law
enforcement agents (as of February 28, 1997), for
critical narcotics control operations in Mexico,
including authorization of appropriate privileges and
immunities for such agents;
(2) obtaining authorization from the Government of
Mexico to allow United States law enforcement agents in
Mexico to carry firearms for self-defense in areas
where required to cooperate with the Government of
Mexico on narcotics control efforts;
(3) obtaining assurances of substantial progress by,
and commitments from, the Government of Mexico that the
Government will take concrete measures to find and
eliminate law enforcement corruption in Mexico and will
cooperate fully with United States law enforcement
personnel on narcotics control matters;
(4) obtaining assurances of substantial progress by,
and commitments from, the Government of Mexico that the
Government will extradite Mexican nationals wanted by
the United States Government for drug trafficking and
other drug-related offenses;
(5) obtaining assurances from the Government of
Mexico that the Government is making substantial
progress in securing aircraft overflight and refueling
rights that are necessary for full cooperation with the
United States on narcotics control efforts, including
adequate aircraft radar coverage to monitor and detect
all aircraft entering and transiting through Mexico
that are suspected of involvement in drug trafficking;
and
(6) obtaining assurances from the Government of
Mexico that the Government is making substantial
progress toward a permanent maritime agreement with the
United States to allow vessels of the United States
Coast Guard and other appropriate vessels to halt and
hold drug traffickers pursued into Mexican waters.
Page 2, line 17, strike ``sec. 2'' and insert ``sec. 3''.
Page 3, line 12, strike ``sec. 3'' and insert ``sec. 4''.
Page 3, line 17, strike ``sec. 4'' and insert ``sec. 5''.
Page 4, after line 12, add the following:
SEC. 6. HIGH LEVEL COMMISSION ON INTERNATIONAL NARCOTICS CONTROL.
(a) 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 addresses only whether or not
the source country is cooperating with United
States narcotics control efforts and does not
take into account all underlying factors;
(B) the process reviews narcotics control
efforts only on an annual basis; and
(C) 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).
(b) Establishment.--There is established a commission to be
known as the High Level Commission on International Narcotics
Control (hereinafter referred to as the ``Commission'').
(c) 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
impact of such process on financial markets, and the
effectiveness of such process in reducing drug use and
consumption within the United States.
(d) Membership.--
(1) Number and appointment.--The Commission shall
consist of 14 members, as follows:
(A) The Secretary of State or the Secretary's
designee.
(B) The Secretary of the Treasury or the
Secretary's designee.
(C) The Attorney General or the Attorney
General's designee.
(D) The Director of the Office of National
Drug Control Policy or the Director's designee.
(E) The Governors of the States of Arizona,
California, New Mexico, and Texas, or their
designees.
(F) The following Members of Congress
appointed not later than 30 days after the date
of the enactment of this joint resolution as
follows:
(i)(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.
(ii)(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.
(2) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(3) Vacancies.--A vacancy in the Commission shall be
filled in the manner in which the original appointment
was made.
(4) Chairperson.--The Chairperson of the Commission
shall be elected by the members.
(5) 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.
(6) Quorum.--A majority of the members shall
constitute a quorum for the transaction of business.
(7) Meetings.--The Commission shall meet at the call
of the chairperson.
(e) Director and Staff; Experts and Consultants.--
(1) Director.--The Commission shall have a director
who shall be appointed by the chairperson subject to
rules prescribed by the Commission.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(f) Powers.--
(1) 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.
(2) Mails.--The Commission may use the United States
mails in the same manner and under the same conditions
as other Federal agencies.
(3) 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.
(4) 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.
(g) Reports.--
(1) Interim report.--Not later than 6 months after
the date of the enactment of this joint resolution, the
Commission shall prepare and submit to the President
and the Congress an interim report on the following:
(A) 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.
(B) The impact of such annual certification
process on currency markets, international
financial markets, and merchandise trade flows.
(C) The transparency and predictability of
such annual certification process in curtailing
international drug trafficking.
(D) Recommendations for actions that are
necessary--
(i) to eliminate international
narcotics trafficking;
(ii) 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
(iii) 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).
(E) Any additional measures to win the war on
drugs.
(2) Final report.--Not later than 1 year after the
date of the enactment of this joint resolution, the
Commission shall prepare and submit to the President
and the Congress a final report that, at a minimum,
contains the following:
(A) Information that meets the requirements
of the information described in the initial
report under paragraph (1) and that has been
updated since the date of the submission of the
interim report, as appropriate.
(B) Any other related information that the
Commission considers to be appropriate.
(h) Termination.--The Commission shall terminate 6 months
after the date on which the Commission submits its final report
under subsection (g)(2).
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as may be necessary to carry out
this section.
(2) Availability.--Amounts authorized to be
appropriated under paragraph (1) are authorized to
remain available until expended.