[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.

                                
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