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52–854PDF 2009

WESTERN HEMISPHERE DRUG POLICY

COMMISSION ACT OF 2009

MARKUP

BEFORE THE

SUBCOMMITTEE ON 

THE WESTERN HEMISPHERE

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

ON

H.R. 2134

OCTOBER 15, 2009

Serial No. 111–47

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

HOWARD L. BERMAN, California, Chairman 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

BILL DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

MICHAEL E. MCMAHON, New York 

JOHN S. TANNER, Tennessee 

GENE GREEN, Texas 

LYNN WOOLSEY, California 

SHEILA JACKSON LEE, Texas 

BARBARA LEE, California 

SHELLEY BERKLEY, Nevada 

JOSEPH CROWLEY, New York 

MIKE ROSS, Arkansas 

BRAD MILLER, North Carolina 

DAVID SCOTT, Georgia 

JIM COSTA, California 

KEITH ELLISON, Minnesota 

GABRIELLE GIFFORDS, Arizona 

RON KLEIN, Florida 

ILEANA ROS-LEHTINEN, Florida 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

RON PAUL, Texas 

JEFF FLAKE, Arizona 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

BOB INGLIS, South Carolina 

GUS BILIRAKIS, Florida 

RICHARD J. KESSLER, Staff Director 

YLEEM POBLETE, Republican Staff Director 

SUBCOMMITTEE ON THE WESTERN HEMISPHERE

ELIOT L. ENGEL, New York, Chairman 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GENE GREEN, Texas 

GABRIELLE GIFFORDS, Arizona 

ENI F. H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

JOHN S. TANNER, Tennessee 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

RON KLEIN, Florida 

CONNIE MACK, Florida 

MICHAEL T. MCCAUL, Texas 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

RON PAUL, Texas 

JEFF FORTENBERRY, Nebraska 

GUS BILIRAKIS, Florida 

JASON STEINBAUM, Subcommittee Staff Director 

ERIC JACOBSTEIN, Subcommittee Professional Staff Member 

FRED RATLIFF, Republican Professional Staff Member 

JULIE SCHOENTHALER, Staff Associate 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 2134, To establish the Western Hemisphere Drug Policy Commission ...... 2

Amendment in the Nature of a Substitute to H.R. 2134 offered by the 

Honorable Eliot L. Engel, a Representative in Congress from the State 

of New York, and Chairman, Subcommittee on the Western Hemisphere . 13

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

Markup notice .......................................................................................................... 28

Markup minutes ...................................................................................................... 29

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey: Prepared statement ................................................... 30

(1)

WESTERN HEMISPHERE DRUG POLICY 

COMMISSION ACT OF 2009

THURSDAY, OCTOBER 15, 2009

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON THE WESTERN HEMISPHERE, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:17 p.m., in room 

2172, Rayburn House Office Building, Hon. Eliot L. Engel (chairman of the subcommittee) presiding. 

Mr. ENGEL. The subcommittee will come to order. 

Pursuant to notice, I now call up H.R. 2134, the Western Hemisphere Drug Policy Commission Act of 2009. Without objection, the 

amendment in the nature of a substitute before the members will 

be considered as base text for purposes of amendment. It will be 

considered as read, and it will be open for amendment at any point. 

[The information referred to follows:]

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Mr. ENGEL. I recognize myself for 5 minutes to explain the 

amendment in the nature of a substitute. 

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 approximately 

1 million heroin users and 3.3 million cocaine users. At the same 

time, methamphetamine use has spread, resulting in a combined 

prevalence rate of more than 6 million users. 

Clearly, the time has come to reexamine our counternarcotics efforts here at home and throughout the Americas. H.R. 2134 does 

just that by creating an independent commission to evaluate U.S. 

policies and programs aimed at reducing illicit drug supply in the 

Americas and the demand for these drugs here at home. This bipartisan bill 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 

charged with conducting a comprehensive review of U.S. illicit drug 

supply and demand reduction policies. The commission will be required to submit recommendations on future U.S. drug policy to 

Congress, the Secretary of State, the Director of the White House 

Office of National Drug Control Policy, and the Secretary of Health 

and Human Services. 

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. 

Our partners in the Americas who have worked closely with us in 

fighting the drug war for years and the citizens of our great country who deal every day with illegal drugs on their streets deserve 

no less. 

I urge all of my colleagues to support this legislation; and I now 

turn to the ranking member, Mr. Mack, to express his views on 

this legislation. 

Mr. MACK. Thank you, Mr. Chairman; and I want to thank you 

for your leadership for introducing H.R. 2134. The Western Hemisphere Drug Policy Commission Act of 2009 is a positive step toward evaluating U.S. policy. 

I also want to thank Chairman Engel and his staff for working 

in a bipartisan manner with my office and Republican members of 

the subcommittee. Chairman Engel worked closely to ensure that 

the concerns and requests of Republican Members were adequately 

addressed. 

As we mark up H.R. 2134 and continue on to the hearing on U.S. 

Drug Policy in the Americas, I want to emphasize my belief that 

the best way to attack the problem of illicit drugs is to take an allencompassing approach to the problem. Some will focus on treatment or better education. Others will focus on supply and the law 

enforcement aspect of the problem. We must attack the problem 

from all angles and all perspectives. 

Thank you, Mr. Chairman, for your leadership and for your hard 

work; and I want to urge my colleagues to support the Western 

Hemisphere Drug Policy Commission Act of 2009 and to vote yes 

on the chairman’s amendment. 

25

Mr. ENGEL. Well, thank you very much, Mr. Mack, and thank 

you for your cooperation and for your input into this bill. It is very 

much appreciated by me and by all of us. I thank you. 

Are there any amendments? 

Any members want to make a statement? 

Mr. SMITH. Mr. Chairman? 

Mr. ENGEL. Yes, Mr. Smith. 

Mr. SMITH. I would ask that my full statement be made part of 

the record, and I want to take a moment to highlight the connection between organized crime that is flourishing on drug money 

and human trafficking, particularly sex trafficking of women and 

girls. 

I do want to thank you and Mr. Mack for including language that 

shows the nexus between drug trafficking and sex trafficking. We 

know that one of the ways that women are exploited in trafficking 

includes getting them hooked on narcotics and other dangerous 

drugs, so that even when they are liberated many of these women 

go back to traffickers because of their addiction. It is also a way 

of two commodities being sold, reducing the woman to a commodity 

as well as obviously the commodity of drugs. 

So I appreciate you including that language in the bill. It is a 

great bill, and I hope all members support it. 

I yield back. 

Mr. ENGEL. Thank you, Mr. Smith. 

Ms. Lee. 

Ms. LEE. Thank you very much, Chairman Engel, and also Ranking Member Mack. Thank you for convening this hearing and also 

for this bill. 

Of course, I am very pleased that, for once, we are beginning to 

look at both the supply and demand for illicit drugs. Many of our 

communities have felt the brunt, unfortunately, of drug addiction 

and many of the difficulties that ensue as a result of drug addiction 

and the damage that has been caused to communities and to individuals and society. 

Also, the commission, I am very pleased to note, is required to 

carry out, investigate, and comprehensively look at best practices 

around the world that target specifically and directly the societal 

devastation caused by illicit drug markets and drug use, from the 

spread of infectious diseases like HIV and AIDS to the surge of 

crime and violence. So this is one of the first times that I have seen 

the establishment of any drug policy commission that really is 

going to look at this in a comprehensive way to accomplish what 

we all want to accomplish, and that is really wiping illicit drugs, 

from cocaine to heroin, from the face of the earth. 

So thank you again, Mr. Chairman, and thank you for the bill. 

Mr. ENGEL. Thank you, Ms. Lee. 

If no other member wishes——

Mr. PAUL. Mr. Chairman? 

Mr. ENGEL. Yes, Mr. Paul. 

Mr. PAUL. Thank you, Mr. Chairman. I have just a brief comment. 

I think it is about time we looked at this subject. I am very glad 

you are doing this. I think it is a start. 

26

We are dealing with the Western Hemisphere, but I think the 

overall drug policy in this country, the drug war should be looked 

at. But, as a physician, I wanted to particularly emphasize the importance of looking at people who are addicted to drugs as being 

involved with a disease rather than criminals. Every time we criminalize all this activity we compound our problem. So I am delighted that you are looking at this problem and studying it, and 

I hope the commission will pay attention to the fact that there are 

different ways of treating people who are addicted. 

And I yield back. 

Mr. ENGEL. Thank you, Mr. Paul. 

If there are no further comments, the question occurs on the 

amendment in the nature of a substitute. All in favor will vote aye. 

Aye. All opposed will vote no. 

The ayes have it, and the amendment is agreed to. 

The chairman is prepared to receive a motion. 

Mr. Sires? 

Mr. SIRES. I move the favorable recommendation of H.R. 2134, 

as amended, to the full committee. 

Mr. ENGEL. The question occurs on the motion of the gentleman 

to report H.R. 2134, as amended, favorably to the full committee. 

All in favor will say aye. Aye. All opposed say no. 

The ayes have it, and the motion is adopted. 

Without objection, the bill will be reported as a single amendment in the nature of a substitute incorporating the amendments 

adopted by the committee, and the staff is directed to make any 

technical and conforming amendments. 

[Whereupon, at 2:26 p.m., the subcommittee was adjourned.] 

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A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

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PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A

REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

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