[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4640 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4640
To establish the Western Hemisphere Drug Policy Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2014
Mr. Engel (for himself, Mr. Salmon, Mr. Sires, Ms. Ros-Lehtinen, and
Mr. O'Rourke) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
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 2014''.
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 2012 in the United States, an estimated
23,900,000 persons age 12 or older were current drug users.
There were an estimated 1,600,000 users of cocaine, 440,000
users of methamphetamine, 335,000 users of heroin, 18,900,000
users of marijuana, and 6,800,000 non-medical users of
prescription-type drugs.
(2) On September 13, 2013, President Barack Obama
identified 22 countries as major drug transit or major illicit
drug producing countries. Of these, 17 are located in the
Western Hemisphere. They are The Bahamas, Belize, Bolivia,
Colombia, Costa Rica, the Dominican Republic, Ecuador, El
Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Peru, and Venezuela.
(3) Nearly all cocaine consumed in the United States
originates in the Andean countries of Bolivia, Colombia, and
Peru and most of the heroin consumed in the United States
originates in Colombia and Mexico. 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, the Dominican Republic, 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 trafficking-related violence continues unabated in
Mexico. According to Government of Mexico estimates, some
70,000 people died in Mexico and 25,000 people disappeared as a
result of drug trafficking and organized crime-related violence
between December 2006 and December 2012. According to analysts,
more than 11,500 more people died in Mexico in 2013 due to the
violence.
(6) Foreign Terrorist Organizations and their supporters in
the Western Hemisphere, including the Revolutionary Armed
Forces of Colombia (FARC) and Hezbollah, have used drug
trafficking to finance their activities.
(7) The United States obligated roughly $15,700,000,000
($18,600,000,000 in constant 2012 dollars) for counternarcotics
programs in Latin America and the Caribbean between 1980 and
2012.
SEC. 3. ESTABLISHMENT.
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. DUTIES.
(a) Review of Illicit Drug Control Policies.--The Commission shall
conduct a comprehensive review of United States foreign policy in the
Western Hemisphere to reduce the illicit drug supply and drug abuse and
reduce the damage associated with illicit drug markets and trafficking.
The Commission shall also identify policy and program options to
improve existing international counternarcotics policy. The review
shall include the following topics:
(1) An evaluation of United States-funded international
illicit drug control programs in the Western Hemisphere,
including drug interdiction, crop eradication, alternative
development, drug production surveys, police and justice sector
training, demand reduction, and strategies to target drug
kingpins.
(2) An evaluation of the impact of United States
counternarcotics assistance programs in the Western Hemisphere,
including the Colombia Strategic Development Initiative, the
Merida Initiative, the Caribbean Basin Security Initiative and
the Central America Regional Security Initiative, in curbing
drug production, drug trafficking, and drug-related violence
and improving citizen security.
(3) An evaluation of how the President's annual
determination of major drug-transit and major illicit drug
producing countries pursuant to sections 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j) and section 706 of the
Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1) serves United States interests with respect to
United States international illicit drug control policies.
(4) An evaluation of whether the proper indicators of
success are being used to evaluate United States international
illicit drug control policy.
(5) An evaluation of United States efforts to stop illicit
proceeds from drug trafficking organizations from entering the
United States financial system.
(6) An evaluation of alternative drug policy models in the
Western Hemisphere.
(7) An evaluation of the impact of local drug consumption
in Latin America and the Caribbean in promoting violence and
insecurity.
(8) Recommendations on how best to improve United States
counternarcotics policies in the Western Hemisphere.
(b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations in the Western Hemisphere.--In conducting
the review required under subsection (a), the Commission is encouraged
to 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).
(c) Report.--
(1) In general.--Not later than 1 year after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives,
the Committee on Foreign Relations of the Senate, the Secretary
of State, and the Director of the Office of National Drug
Control Policy a report that contains--
(A) a detailed statement of the recommendations,
findings, and conclusions of the Commission under
subsection (a); and
(B) summaries of the input and recommendations of
the leaders and organizations with which the Commission
consulted under subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
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 2 members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint 2 members.
(3) The President shall appoint 2 members.
(b) Prohibition.--
(1) In general.--The Commission may not include Members of
Congress or Federal, State, or local government officials.
(2) Member of congress.--In this subsection, the term
``Member of Congress'' includes a Delegate or Resident
Commissioner to the Congress.
(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.--
(1) In general.--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 4.
(2) Chairperson.--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 shall hold such hearings and
undertake such other activities as the Commission determines necessary
to carry out its duties.
(c) Other Resources.--
(1) Documents, statistical data, and other such
information.--
(A) In general.--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, and other agencies of the
executive and legislative branches of the Federal
Government.
(B) Obtaining information.--The Chairperson of the
Commission shall request the head of an agency
described in subparagraph (A) for access to documents,
statistical data, or other such information described
in subparagraph (A) that is under the control of such
agency in writing when necessary.
(2) Office space and administrative support.--The General
Services Administration shall make office space available for
day-to-day activities of the Commission and for scheduled
meetings of the Commission. 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 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.--
(1) In general.--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
under section 4.
(2) Termination.--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) Director.--The Commission shall have a Director who shall be
appointed by a majority vote of the Commission. The Director shall be
paid at a rate not to exceed the rate of basic pay for level IV of the
Executive Schedule.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
Director may appoint such personnel as the Director determines
to be appropriate. Such personnel shall be paid at a rate not
to exceed the rate of basic pay for level IV of the Executive
Schedule.
(2) Additional staff.--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.
(c) Experts and Consultants.--With the approval of the Commission,
the 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.
(a) In General.--There is authorized to be appropriated $2,000,000
to carry out this Act.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.
SEC. 9. OFFSET.
Section 102(a) of the Enhanced Partnership with Pakistan Act of
2009 (22 U.S.C. 8412(a); Public Law 111-73; 123 Stat. 2068) is amended
by striking ``$1,500,000,000'' and inserting ``$1,498,000,000''.
SEC. 10. SUNSET.
The Commission shall terminate on the date that is 60 days after
the date on which the Commission submits its to Congress of its report
pursuant to section 4(c).
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