I 

114TH CONGRESS 

1ST SESSION H. R. 1812 

To establish the Western Hemisphere Drug Policy Commission. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2015 

Mr. ENGEL (for himself and Mr. SALMON) introduced the following bill; which 

was referred to the Committee on Foreign Affairs 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) According to the Substance Abuse and Men9 tal Health Services Administration’s (SAMHSA) 

10 National Survey on Drug Use and Health, in 2013 

11 in the United States, an estimated 24,573,000 perVerDate Sep 11 2014 02:07 Apr 21, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1812.IH H1812

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1 sons age 12 or older were current users of illicit 

2 drugs. There were an estimated 1,549,000 users of 

3 cocaine, 289,000 users of heroin, 1,330,000 users of 

4 hallucinogens, 19,810,000 users of marijuana, and 

5 6,484,000 non-medical users of prescription-type 

6 drugs. 

7 (2) On September 15, 2014, President Barack 

8 Obama identified 22 countries as major drug transit 

9 or major illicit drug producing countries. Of these, 

10 17 are located in the Western Hemisphere. They are 

11 The Bahamas, Belize, Bolivia, Colombia, Costa Rica, 

12 the Dominican Republic, Ecuador, El Salvador, 

13 Guatemala, Haiti, Honduras, Jamaica, Mexico, 

14 Nicaragua, Panama, Peru, and Venezuela. 

15 (3) Nearly all cocaine consumed in the United 

16 States originates in the Andean countries of Bolivia, 

17 Colombia, and Peru and most of the heroin con18 sumed in the United States originates in Colombia 

19 and Mexico. The cultivation, production and traf20 ficking of cocaine and heroin generate violence, in21 stability, and corruption. 

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

23 Mexico, Venezuela, Ecuador, the Dominican Repub24 lic, Haiti, and other Caribbean countries, drug traf25 ficking is central to the growing strength of orgaVerDate Sep 11 2014 02:07 Apr 21, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1812.IH H1812

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1 nized criminals to threaten local and national law 

2 enforcement, political institutions, citizen security, 

3 rule of law, and United States security and inter4 ests. 

5 (5) Drug trafficking-related violence continues 

6 unabated in Mexico. According to Government of 

7 Mexico estimates, some 70,000 people died in Mex8 ico and 25,000 people disappeared as a result of 

9 drug trafficking and organized crime-related violence 

10 between December 2006 and December 2012. Since 

11 that time, independent sources estimate that more 

12 than 18,000 people in Mexico have died in organized 

13 crime-related killings. In addition, since 2007, there 

14 have been 22,610 disappearances in Mexico. 

15 (6) Foreign Terrorist Organizations and their 

16 supporters in the Western Hemisphere, including the 

17 Revolutionary Armed Forces of Colombia (FARC) 

18 and Hezbollah, have used drug trafficking to finance 

19 their activities. 

20 (7) The United States obligated roughly 

21 $15,700,000,000 ($18,600,000,000 in constant 

22 2012 dollars) for counternarcotics programs in 

23 Latin America and the Caribbean between 1980 and 

24 2012. 


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1 SEC. 3. ESTABLISHMENT. 

2 There is established an independent commission to be 

3 known as the ‘‘Western Hemisphere Drug Policy Commis4 sion’’ (in this Act referred to as the ‘‘Commission’’). 

5 SEC. 4. DUTIES. 

6 (a) REVIEW OF ILLICIT DRUG CONTROL POLICIES.— 

7 The Commission shall conduct a comprehensive review of 

8 United States foreign policy in the Western Hemisphere 

9 to reduce the illicit drug supply and drug abuse and re10 duce the damage associated with illicit drug markets and 

11 trafficking. The Commission shall also identify policy and 

12 program options to improve existing international counter13 narcotics policy. The review shall include the following top14 ics: 

15 (1) An evaluation of United States-funded 

16 international illicit drug control programs in the 

17 Western Hemisphere, including drug interdiction, 

18 crop eradication, alternative development, drug pro19 duction surveys, police and justice sector training, 

20 demand reduction, and strategies to target drug 

21 kingpins. 

22 (2) An evaluation of the impact of United 

23 States counternarcotics assistance programs in the 

24 Western Hemisphere, including the Colombia Stra25 tegic Development Initiative, the Merida Initiative, 

26 the Caribbean Basin Security Initiative and the CenVerDate Sep 11 2014 02:07 Apr 21, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1812.IH H1812

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1 tral America Regional Security Initiative, in curbing 

2 drug production, drug trafficking, and drug-related 

3 violence and improving citizen security. 

4 (3) An evaluation of how the President’s annual 

5 determination of major drug-transit and major illicit 

6 drug producing countries pursuant to sections 490 

7 of the Foreign Assistance Act of 1961 (22 U.S.C. 

8 2291j) and section 706 of the Foreign Relations Au9 thorization Act, Fiscal Year 2003 (22 U.S.C. 2291j– 

10 1) serves United States interests with respect to 

11 United States international illicit drug control poli12 cies. 

13 (4) An evaluation of whether the proper indica14 tors of success are being used to evaluate United 

15 States international illicit drug control policy. 

16 (5) An evaluation of United States efforts to 

17 stop illicit proceeds from drug trafficking organiza18 tions from entering the United States financial sys19 tem. 

20 (6) An evaluation of the links between the ille21 gal narcotics trade in the Western Hemisphere and 

22 terrorist activities around the world. 

23 (7) An evaluation of United States efforts to 

24 combat narco-terrorism in the Western Hemisphere. 


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1 (8) An evaluation of the financing of foreign 

2 terrorist organizations by drug trafficking organiza3 tions and an evaluation of United States efforts to 

4 stop such activities. 

5 (9) An evaluation of alternative drug policy 

6 models in the Western Hemisphere. 

7 (10) An evaluation of the impact of local drug 

8 consumption in Latin America and the Caribbean in 

9 promoting violence and insecurity. 

10 (11) Recommendations on how best to improve 

11 United States counternarcotics policies in the West12 ern Hemisphere. 

13 (b) COORDINATION WITH GOVERNMENTS, INTER14 NATIONAL ORGANIZATIONS, AND NONGOVERNMENTAL

15 ORGANIZATIONS IN THE WESTERN HEMISPHERE.—In 

16 conducting the review required under subsection (a), the 

17 Commission is encouraged to consult with— 

18 (1) government, academic, and nongovern19 mental leaders, as well as leaders from international 

20 organizations, from throughout the United States, 

21 Latin America, and the Caribbean; and 

22 (2) the Inter-American Drug Abuse Control 

23 Commission (CICAD). 

24 (c) REPORT.— 


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1 (1) IN GENERAL.—Not later than 18 months 

2 after the first meeting of the Commission, the Com3 mission shall submit to the Committee on Foreign 

4 Affairs of the House of Representatives, the Com5 mittee on Foreign Relations of the Senate, the Sec6 retary of State, and the Director of the Office of 

7 National Drug Control Policy a report that con8 tains— 

9 (A) a detailed statement of the rec10 ommendations, findings, and conclusions of the 

11 Commission under subsection (a); and 

12 (B) summaries of the input and rec13 ommendations of the leaders and organizations 

14 with which the Commission consulted under 

15 subsection (b). 

16 (2) PUBLIC AVAILABILITY.—The report re17 quired under this subsection shall be made available 

18 to the public. 

19 SEC. 5. MEMBERSHIP. 

20 (a) NUMBER AND APPOINTMENT.—The Commission 

21 shall be composed of ten members to be appointed as fol22 lows: 

23 (1) The majority leader and minority leader of 

24 the Senate shall each appoint 2 members. 


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

2 House of Representatives shall each appoint 2 mem3 bers. 

4 (3) The President shall appoint 2 members. 

5 (b) PROHIBITION.— 

6 (1) IN GENERAL.—The Commission may not in7 clude— 

8 (A) Members of Congress; or 

9 (B) Federal, State, or local government of10 ficials. 

11 (2) MEMBER OF CONGRESS.—In this sub12 section, the term ‘‘Member of Congress’’ includes a 

13 Delegate or Resident Commissioner to the Congress. 

14 (c) APPOINTMENT OF INITIAL MEMBERS.—The ini15 tial members of the Commission shall be appointed not 

16 later than 30 days after the date of the enactment of this 

17 Act. 

18 (d) VACANCIES.—Any vacancies shall not affect the 

19 power and duties of the Commission, but shall be filled 

20 in the same manner as the original appointment. An ap21 pointment required by subsection (a) should be made with22 in 90 days of a vacancy on the Commission. 

23 (e) PERIOD OF APPOINTMENT.—Each member shall 

24 be appointed for the life of the Commission. 


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1 (f) INITIAL MEETING AND SELECTION OF CHAIR2 PERSON.— 

3 (1) IN GENERAL.—Not later than 60 days after 

4 the date of the enactment of this Act, the Commis5 sion shall hold an initial meeting to develop and im6 plement a schedule for completion of the review and 

7 report required under section 4. 

8 (2) CHAIRPERSON.—At the initial meeting, the 

9 Commission shall select a Chairperson from among 

10 its members. 

11 (g) QUORUM.—Six members of the Commission shall 

12 constitute a quorum. 

13 (h) COMPENSATION.—Members of the Commission— 

14 (1) shall not be considered to be a Federal em15 ployee for any purpose by reason of service on the 

16 Commission; and 

17 (2) shall serve without pay. 

18 (i) TRAVEL EXPENSES.—Members shall receive trav19 el expenses, including per diem in lieu of subsistence, in 

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

21 States Code, while away from their homes or regular 

22 places of business in performance of services for the Com23 mission. 


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1 SEC. 6. POWERS. 

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

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

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

5 hearings and undertake such other activities as the Com6 mission determines necessary to carry out its duties. 

7 (c) OTHER RESOURCES.— 

8 (1) DOCUMENTS, STATISTICAL DATA, AND

9 OTHER SUCH INFORMATION.— 

10 (A) IN GENERAL.—The Library of Con11 gress, the Office of National Drug Control Pol12 icy, the Department of State and any other 

13 Federal department or agency shall provide rea14 sonable access to documents, statistical data, 

15 and other such information the Commission de16 termines necessary to carry out its duties. 

17 (B) OBTAINING INFORMATION.—The 

18 Chairperson of the Commission shall request 

19 the head of an agency described in subpara20 graph (A) for access to documents, statistical 

21 data, or other such information described in 

22 subparagraph (A) that is under the control of 

23 such agency in writing when necessary. 

24 (2) OFFICE SPACE AND ADMINISTRATIVE SUP25 PORT.—The General Services Administration shall 

26 make office space available for day-to-day activities 


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1 of the Commission and for scheduled meetings of the 

2 Commission. Upon request, the Administrator of 

3 General Services shall provide, on a reimbursable 

4 basis, such administrative support as the Commis5 sion requests to fulfill its duties. 

6 (d) AUTHORITY TO USE UNITED STATES MAILS.— 

7 The Commission may use the United States mails in the 

8 same manner and under the same conditions as other de9 partments and agencies of the United States. 

10 (e) AUTHORITY TO CONTRACT.— 

11 (1) IN GENERAL.—Subject to the Federal Prop12 erty and Administrative Services Act of 1949, the 

13 Commission is authorized to enter into contracts 

14 with Federal and State agencies, private firms, insti15 tutions, and individuals for the conduct of activities 

16 necessary to the discharge of its duties under section 

17 4. 

18 (2) TERMINATION.—A contract, lease, or other 

19 legal agreement entered into by the Commission may 

20 not extend beyond the date of termination of the 

21 Commission. 

22 SEC. 7. STAFF. 

23 (a) DIRECTOR.—The Commission shall have a Direc24 tor who shall be appointed by a majority vote of the Com25 mission. The Director shall be paid at a rate not to exceed 


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1 the rate of basic pay for level IV of the Executive Sched2 ule. 

3 (b) STAFF.— 

4 (1) IN GENERAL.—With the approval of the 

5 Commission, the Director may appoint such per6 sonnel as the Director determines to be appropriate. 

7 Such personnel shall be paid at a rate not to exceed 

8 the rate of basic pay for level IV of the Executive 

9 Schedule. 

10 (2) ADDITIONAL STAFF.—The Commission may 

11 appoint and fix the compensation of such other per12 sonnel as may be necessary to enable the Commis13 sion to carry out its duties, without regard to the 

14 provisions of title 5, United States Code, governing 

15 appointments in the competitive service, and without 

16 regard to the provisions of chapter 51 and sub17 chapter III of chapter 53 of such title relating to 

18 classification and General Schedule pay rates, except 

19 that no rate of pay fixed under this subsection may 

20 exceed the equivalent of that payable to a person oc21 cupying a position at level V of the Executive Sched22 ule. 

23 (c) EXPERTS AND CONSULTANTS.—With the ap24 proval of the Commission, the Director may procure temVerDate Sep 11 2014 02:07 Apr 21, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1812.IH H1812

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1 porary and intermittent services under section 3109(b) of 

2 title 5, United States Code. 

3 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

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

5 agency may detail, without reimbursement, any of the per6 sonnel of such agency to the Commission to assist in car7 rying out the duties of the Commission. Any such detail 

8 shall not interrupt or otherwise affect the civil service sta9 tus or privileges of the personnel. 

10 (e) VOLUNTEER SERVICES.—Notwithstanding sec11 tion 1342 of title 31, United States Code, the Commission 

12 may accept and use voluntary and uncompensated services 

13 as the Commission determines necessary. 

14 SEC. 8. FUNDING. 

15 Of the amounts authorized to be appropriated to 

16 carry out section 23 of the Arms Export Control Act (22 

17 U.S.C. 2763) for fiscal year 2016, $1,500,000 is author18 ized to be appropriated to carry out this Act for such fiscal 

19 year. 

20 SEC. 9. SUNSET. 

21 The Commission shall terminate on the date that is 

22 60 days after the date on which the Commission submits 

23 its report to Congress pursuant to section 4(c). 

Æ 


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