```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1812 Introduced in House (IH)]

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.

    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''.

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 2013 in the United States, an estimated 
        24,573,000 persons age 12 or older were current users of 
        illicit drugs. There were an estimated 1,549,000 users of 
        cocaine, 289,000 users of heroin, 1,330,000 users of 
        hallucinogens, 19,810,000 users of marijuana, and 6,484,000 
        non-medical users of prescription-type drugs.
            (2) On September 15, 2014, 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. Since that time, 
        independent sources estimate that more than 18,000 people in 
        Mexico have died in organized crime-related killings. In 
        addition, since 2007, there have been 22,610 disappearances in 
        Mexico.
            (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 the links between the illegal 
        narcotics trade in the Western Hemisphere and terrorist 
        activities around the world.
            (7) An evaluation of United States efforts to combat narco-
        terrorism in the Western Hemisphere.
            (8) An evaluation of the financing of foreign terrorist 
        organizations by drug trafficking organizations and an 
        evaluation of United States efforts to stop such activities.
            (9) An evaluation of alternative drug policy models in the 
        Western Hemisphere.
            (10) An evaluation of the impact of local drug consumption 
        in Latin America and the Caribbean in promoting violence and 
        insecurity.
            (11) 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 18 months 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--
                    (A) Members of Congress; or
                    (B) 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) Appointment of Initial Members.--The initial members of the 
Commission shall be appointed not later than 30 days after the date of 
the enactment of this Act.
    (d) Vacancies.--Any vacancies shall not affect the power and duties 
of the Commission, but shall be filled in the same manner as the 
original appointment. An appointment required by subsection (a) should 
be made within 90 days of a vacancy on the Commission.
    (e) Period of Appointment.--Each member shall be appointed for the 
life of the Commission.
    (f) 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.
    (g) Quorum.--Six members of the Commission shall constitute a 
quorum.
    (h) Compensation.--Members of the Commission--
            (1) shall not be considered to be a Federal employee for 
        any purpose by reason of service on the Commission; and
            (2) shall serve without pay.
    (i) 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 may 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 Library of Congress, the 
                Office of National Drug Control Policy, the Department 
                of State and any other Federal department or agency 
                shall provide reasonable access to documents, 
                statistical data, and other such information the 
                Commission determines necessary to carry out its 
                duties.
                    (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.
    (e) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.

SEC. 8. FUNDING.

    Of the amounts authorized to be appropriated to carry out section 
23 of the Arms Export Control Act (22 U.S.C. 2763) for fiscal year 
2016, $1,500,000 is authorized to be appropriated to carry out this Act 
for such fiscal year.

SEC. 9. SUNSET.

    The Commission shall terminate on the date that is 60 days after 
the date on which the Commission submits its report to Congress 
pursuant to section 4(c).
                                 <all>
```