I 

111TH CONGRESS 

1ST SESSION H. R. 2134 

To establish the Western Hemisphere Drug Policy Commission. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Mr. ENGEL (for himself, Mr. MACK, Mr. BERMAN, Mrs. BONO MACK, Mr. 

DELAHUNT, Mr. BURTON of Indiana, Mr. WEXLER, and Mr. PIERLUISI) 

introduced the following bill; which was referred to the Committee on 

Foreign Affairs, and in addition to the Committees on the Judiciary and 

Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Western Hemisphere Drug Policy 

Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Western Hemisphere 

5 Drug Policy Commission Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) While the United States accounts for ap2 proximately 5 percent of world population, in 2007, 

3 an estimated 17.2 percent of the world’s users of il4 legal drugs were from the United States. 

5 (2) 100 percent of the United States cocaine 

6 supply and 90 percent of the United States heroin 

7 supply originates in the Andean countries of Bolivia, 

8 Colombia and Peru. 

9 (3) In those source countries, the cultivation, 

10 production and trafficking of cocaine and heroin 

11 generate violence, instability and corruption. 

12 (4) In the transit countries of Central America, 

13 Mexico, Ecuador, Haiti and other Caribbean na14 tions, drug trafficking is central to the growing 

15 strength of organized criminal gangs that threaten 

16 local and national law enforcement, political institu17 tions and citizen security. 

18 (5) Organized criminal cartels in Mexico are en19 gaged in a civil conflict with each other and a con20 flict with Mexican counterdrug security forces. These 

21 cartels control the wholesale of virtually all cocaine 

22 trafficked into major urban areas in the United 

23 States. 

24 (6) Drug-related violence is on the rise in Mex25 ico and along the United States-Mexico border. 

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1 5,661 people died in Mexico in 2008 alone as a re2 sult of drug-related violence. This is more than dou3 ble the 2007 total of 2,773. 

4 (7) From 1980–2008, United States counter5 narcotics assistance from the State and Defense De6 partments to Latin America and the Caribbean to7 taled about $11,300,000,000. The Drug Enforce8 ment Administration (DEA) has spent an additional 

9 $2,500,000,000 in the Western Hemisphere during 

10 the same period. In those same years, the number 

11 of lifetime drug users has steadily risen for mari12 juana, cocaine, and heroin. In 1982 there were an 

13 estimated 53,000 marijuana users, which doubled to 

14 over 100,000 in 2007. Similarly, there were fewer 

15 than 22,000 cocaine users and fewer than 2,000 her16 oin users in 1982, while today there are approxi17 mately 36,000 and 3,800, respectively. 

18 SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG 

19 POLICY COMMISSION. 

20 There is established an independent commission to be 

21 known as the ‘‘Western Hemisphere Drug Policy Commis22 sion’’ (in this Act referred to as the ‘‘Commission’’). 

23 SEC. 4. PURPOSE. 

24 The Commission shall review and evaluate United 

25 States illicit drug supply policy, with particular emphasis 

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1 on international drug policies and programs directed to2 ward the countries of the Western Hemisphere and de3 mand reduction policies and programs. The Commission 

4 shall identify policy and program options to improve exist5 ing international and domestic counternarcotics policy. 

6 SEC. 5. DUTIES OF THE COMMISSION. 

7 (a) REVIEW OF ILLICIT DRUG SUPPLY REDUCTION

8 AND DEMAND REDUCTION POLICIES.—The Commission 

9 shall conduct a comprehensive review of United States il10 licit drug supply reduction and demand reduction policies 

11 and shall, at a minimum, address the following topics: 

12 (1) An assessment of the effectiveness of 

13 United States international illicit drug control poli14 cies in the Western Hemisphere, including interdic15 tion, crop eradication, and alternative development. 

16 (2) The impact of Plan Colombia and the 

17 Merida Initiative in curbing drug trafficking and 

18 drug-related violence in the Andean region, Mexico, 

19 Central America, Haiti, and the Dominican Repub20 lic. 

21 (3) An assessment of how to better use avail22 able technology to target major drug cartels. 

23 (4) The impact of the United States drug cer24 tification process in achieving positive results with 

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1 respect to reducing drug production, cultivation, and 

2 trafficking. 

3 (5) An assessment of the nature and extent of 

4 the United States demand for illicit drugs. 

5 (6) An assessment of United States drug pre6 vention and treatment programs, including drug 

7 courts and programs aimed at preventing recidivism. 

8 (7) An assessment of the extent to which the 

9 consumption of illicit drugs in the United States is 

10 driven by individuals addicted to or abusive of illicit 

11 drugs, and the most effective experiences in the 

12 United States and throughout the world in treating 

13 those addicts. 

14 (8) Recommendations on how best to improve 

15 United States illicit drug supply and demand reduc16 tion policies. 

17 (b) COORDINATION WITH GOVERNMENTS, INTER18 NATIONAL ORGANIZATIONS, AND NONGOVERNMENTAL

19 ORGANIZATIONS (NGOS) IN THE WESTERN HEMI20 SPHERE.—The Commission shall consult with— 

21 (1) government and nongovernmental leaders, 

22 as well as leaders from international organizations, 

23 from throughout Latin America and the Caribbean; 

24 and 

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1 (2) the Inter-American Drug Abuse Control 

2 Commission (CICAD) to examine what changes 

3 would increase its effectiveness. 

4 (c) REPORT.— 

5 (1) IN GENERAL.—Not later than 12 months 

6 after the first meeting of the Commission, the Com7 mission shall submit to Congress, the Secretary of 

8 State, and the Director of the Office of National 

9 Drug Control Policy (ONDCP) a report that con10 tains a detailed statement of the recommendations, 

11 findings, and conclusions of the Commission, includ12 ing summaries of the input and recommendations of 

13 the leaders and organizations with which is con14 sulted under subsection (b). 

15 (2) PUBLIC AVAILABILITY.—The report re16 quired under this subsection shall be made available 

17 to the public. 

18 SEC. 6. MEMBERSHIP. 

19 (a) NUMBER AND APPOINTMENT.—The Commission 

20 shall be composed of ten members, to be appointed as fol21 lows: 

22 (1) The majority leader and minority leader of 

23 the Senate shall each appoint two members. 

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1 (2) The Speaker and the minority leader of the 

2 House of Representatives shall each appoint two 

3 members. 

4 (3) The President shall appoint two members. 

5 (b) APPOINTMENTS.—The Commission may not in6 clude Members of Congress or other currently elected Fed7 eral, State, or local government officials. 

8 (c) PERIOD OF APPOINTMENT.—Each member shall 

9 be appointed for the life of the Commission. Any vacancies 

10 shall not affect the power and duties of the Commission, 

11 but shall be filled in the same manner as the original ap12 pointment. 

13 (d) DATE.—Members of the Commission shall be ap14 pointed not later than 30 days after the date of the enact15 ment of this Act. 

16 (e) INITIAL MEETING AND SELECTION OF CHAIR17 PERSON.—Not later than 60 days after the date of the 

18 enactment of this Act, the Commission shall hold an initial 

19 meeting to develop and implement a schedule for comple20 tion of the review and report required under section 5. 

21 At the initial meeting, the Commission shall select a 

22 Chairperson from among its members. 

23 (f) QUORUM.—Six members of the Commission shall 

24 constitute a quorum. 

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1 (g) TRAVEL EXPENSES.—Members shall receive trav2 el expenses, including per diem in lieu of subsistence, in 

3 accordance with sections 5702 and 5703 of title 5, United 

4 States Code, while away from their homes or regular 

5 places of business in performance of services for the Com6 mission. 

7 SEC. 7. POWERS. 

8 (a) MEETINGS.—The Commission shall meet at the 

9 call of the Chairperson or a majority of its members. 

10 (b) HEARINGS.—The Commission may hold such 

11 hearings and undertake such other activities as the Com12 mission determines necessary to carry out its duties. 

13 (c) OTHER RESOURCES.—The Commission shall have 

14 reasonable access to materials, resources, statistical data, 

15 and other such information the Commission determines 

16 necessary to carry out its duties from the Library of Con17 gress, the Office of National Drug Control Policy, the De18 partment of State, the Department of Justice, the Drug 

19 Enforcement Administration, the Department of Defense 

20 (including the United States Southern Command), and 

21 other agencies of the executive and legislative branches of 

22 the Federal Government. The Chairperson of the Commis23 sion shall make requests for such access in writing when 

24 necessary. The General Services Administration (GSA) 

25 shall make office space available for day-to-day CommisWWOODS2 on PRODPC68 with BILLS

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1 sion activities and for scheduled Commission meetings. 

2 Upon request, the Administrator of General Services shall 

3 provide, on a reimbursable basis, such administrative sup4 port as the Commission requests to fulfill its duties. 

5 (d) AUTHORITY TO USE THE UNITED STATES

6 MAILS.—The Commission may use the United States 

7 mails in the same manner and under the same conditions 

8 as other departments and agencies of the United States. 

9 (e) AUTHORITY TO CONTRACT.—Subject to the Fed10 eral Property and Administrative Services Act of 1949, 

11 the Commission is authorized to enter into contracts with 

12 Federal and State agencies, private firms, institutions, 

13 and individuals for the conduct of activities necessary to 

14 the discharge of its duties and responsibilities. A contract, 

15 lease, or other legal agreement entered into by the Com16 mission may not extend beyond the date of termination 

17 of the Commission. 

18 SEC. 8. STAFF. 

19 (a) EXECUTIVE DIRECTOR.—The Commission shall 

20 have a staff headed by an Executive Director. The Execu21 tive Director and such staff as is needed shall be paid at 

22 a rate not more than the rate of pay for level IV of the 

23 Executive Schedule. 

24 (b) STAFF APPOINTMENT.—With the approval of the 

25 Commission, the Executive Director may appoint such 

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1 personnel as the Executive Director determines to be ap2 propriate. The Commission may appoint and fix the com3 pensation of such other personnel as may be necessary to 

4 enable the Commission to carry out its duties, without re5 gard to the provisions of title 5, United States Code, gov6 erning appointments in the competitive service, and with7 out regard to the provisions of chapter 51 and subchapter 

8 III of chapter 53 of such title relating to classification and 

9 General Schedule pay rates, except that no rate of pay 

10 fixed under this subsection may exceed the equivalent of 

11 that payable to a person occupying a position at level V 

12 of the Executive Schedule under section 5316 of such title. 

13 (c) EXPERTS AND CONSULTANTS.—With the ap14 proval of the Commission, the Executive Director may 

15 procure temporary and intermittent services under section 

16 3109(b) of title 5, United States Code. 

17 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

18 the request of the Commission, the head of any Federal 

19 agency may detail, without reimbursement, any of the per20 sonnel of such agency to the Commission to assist in car21 rying out the duties of the Commission. Any such detail 

22 shall not interrupt or otherwise affect the civil service sta23 tus or privileges of the personnel. 

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1 SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT. 

3 The Federal Advisory Committee Act (5 U.S.C. App.) 

4 shall not apply to the Commission. 

5 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated $2,000,000 to carry out this Act. 

8 (b) AVAILABILITY.—Amounts appropriated pursuant 

9 to subsection (a) shall remain available, without fiscal year 

10 limitation, until expended. 

11 SEC. 11. SUNSET. 

12 The Western Hemisphere Drug Policy Commission 

13 shall terminate 60 days after the submission to Congress 

14 of its report under section 5(c). 

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