I 

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. 

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 2014’’. 

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 2012 


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1 in the United States, an estimated 23,900,000 per2 sons age 12 or older were current drug users. There 

3 were an estimated 1,600,000 users of cocaine, 

4 440,000 users of methamphetamine, 335,000 users 

5 of heroin, 18,900,000 users of marijuana, and 

6 6,800,000 non-medical users of prescription-type 

7 drugs. 

8 (2) On September 13, 2013, President Barack 

9 Obama identified 22 countries as major drug transit 

10 or major illicit drug producing countries. Of these, 

11 17 are located in the Western Hemisphere. They are 

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

13 the Dominican Republic, Ecuador, El Salvador, 

14 Guatemala, Haiti, Honduras, Jamaica, Mexico, 

15 Nicaragua, Panama, Peru, and Venezuela. 

16 (3) Nearly all cocaine consumed in the United 

17 States originates in the Andean countries of Bolivia, 

18 Colombia, and Peru and most of the heroin con19 sumed in the United States originates in Colombia 

20 and Mexico. The cultivation, production and traf21 ficking of cocaine and heroin generate violence, in22 stability, and corruption. 

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

24 Mexico, Venezuela, Ecuador, the Dominican Repub25 lic, Haiti, and other Caribbean countries, drug trafVerDate Mar 15 2010 01:03 May 17, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4640.IH H4640

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1 ficking is central to the growing strength of orga2 nized criminals to threaten local and national law 

3 enforcement, political institutions, citizen security, 

4 rule of law, and United States security and inter5 ests. 

6 (5) Drug trafficking-related violence continues 

7 unabated in Mexico. According to Government of 

8 Mexico estimates, some 70,000 people died in Mex9 ico and 25,000 people disappeared as a result of 

10 drug trafficking and organized crime-related violence 

11 between December 2006 and December 2012. Ac12 cording to analysts, more than 11,500 more people 

13 died in Mexico in 2013 due to the violence. 

14 (6) Foreign Terrorist Organizations and their 

15 supporters in the Western Hemisphere, including the 

16 Revolutionary Armed Forces of Colombia (FARC) 

17 and Hezbollah, have used drug trafficking to finance 

18 their activities. 

19 (7) The United States obligated roughly 

20 $15,700,000,000 ($18,600,000,000 in constant 

21 2012 dollars) for counternarcotics programs in 

22 Latin America and the Caribbean between 1980 and 

23 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 Mar 15 2010 01:03 May 17, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4640.IH H4640

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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 alternative drug policy 

21 models in the Western Hemisphere. 

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

23 consumption in Latin America and the Caribbean in 

24 promoting violence and insecurity. 


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1 (8) Recommendations on how best to improve 

2 United States counternarcotics policies in the West3 ern Hemisphere. 

4 (b) COORDINATION WITH GOVERNMENTS, INTER5 NATIONAL ORGANIZATIONS, AND NONGOVERNMENTAL

6 ORGANIZATIONS IN THE WESTERN HEMISPHERE.—In 

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

8 Commission is encouraged to consult with— 

9 (1) government, academic, and nongovern10 mental leaders, as well as leaders from international 

11 organizations, from throughout the United States, 

12 Latin America, and the Caribbean; and 

13 (2) the Inter-American Drug Abuse Control 

14 Commission (CICAD). 

15 (c) REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the first meeting of the Commission, the Commis18 sion shall submit to the Committee on Foreign Af19 fairs of the House of Representatives, the Com20 mittee on Foreign Relations of the Senate, the Sec21 retary of State, and the Director of the Office of 

22 National Drug Control Policy a report that con23 tains— 


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1 (A) a detailed statement of the rec2 ommendations, findings, and conclusions of the 

3 Commission under subsection (a); and 

4 (B) summaries of the input and rec5 ommendations of the leaders and organizations 

6 with which the Commission consulted under 

7 subsection (b). 

8 (2) PUBLIC AVAILABILITY.—The report re9 quired under this subsection shall be made available 

10 to the public. 

11 SEC. 5. MEMBERSHIP. 

12 (a) NUMBER AND APPOINTMENT.—The Commission 

13 shall be composed of ten members to be appointed as fol14 lows: 

15 (1) The majority leader and minority leader of 

16 the Senate shall each appoint 2 members. 

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

18 House of Representatives shall each appoint 2 mem19 bers. 

20 (3) The President shall appoint 2 members. 

21 (b) PROHIBITION.— 

22 (1) IN GENERAL.—The Commission may not in23 clude Members of Congress or Federal, State, or 

24 local government officials. 


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1 (2) MEMBER OF CONGRESS.—In this sub2 section, the term ‘‘Member of Congress’’ includes a 

3 Delegate or Resident Commissioner to the Congress. 

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

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

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

7 but shall be filled in the same manner as the original ap8 pointment. 

9 (d) DATE.—Members of the Commission shall be ap10 pointed not later than 30 days after the date of the enact11 ment of this Act. 

12 (e) INITIAL MEETING AND SELECTION OF CHAIR13 PERSON.— 

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

15 the date of the enactment of this Act, the Commis16 sion shall hold an initial meeting to develop and im17 plement a schedule for completion of the review and 

18 report required under section 4. 

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

20 Commission shall select a Chairperson from among 

21 its members. 

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

23 constitute a quorum. 

24 (g) TRAVEL EXPENSES.—Members shall receive trav25 el expenses, including per diem in lieu of subsistence, in 


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

2 States Code, while away from their homes or regular 

3 places of business in performance of services for the Com4 mission. 

5 SEC. 6. POWERS. 

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

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

8 (b) HEARINGS.—The Commission shall hold such 

9 hearings and undertake such other activities as the Com10 mission determines necessary to carry out its duties. 

11 (c) OTHER RESOURCES.— 

12 (1) DOCUMENTS, STATISTICAL DATA, AND

13 OTHER SUCH INFORMATION.— 

14 (A) IN GENERAL.—The Commission shall 

15 have reasonable access to documents, statistical 

16 data, and other such information the Commis17 sion determines necessary to carry out its du18 ties from the Library of Congress, the Office of 

19 National Drug Control Policy, the Department 

20 of State, and other agencies of the executive 

21 and legislative branches of the Federal Govern22 ment. 

23 (B) OBTAINING INFORMATION.—The 

24 Chairperson of the Commission shall request 

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1 graph (A) for access to documents, statistical 

2 data, or other such information described in 

3 subparagraph (A) that is under the control of 

4 such agency in writing when necessary. 

5 (2) OFFICE SPACE AND ADMINISTRATIVE SUP6 PORT.—The General Services Administration shall 

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

8 of the Commission and for scheduled meetings of the 

9 Commission. Upon request, the Administrator of 

10 General Services shall provide, on a reimbursable 

11 basis, such administrative support as the Commis12 sion requests to fulfill its duties. 

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

14 The Commission may use the United States mails in the 

15 same manner and under the same conditions as other de16 partments and agencies of the United States. 

17 (e) AUTHORITY TO CONTRACT.— 

18 (1) IN GENERAL.—Subject to the Federal Prop19 erty and Administrative Services Act of 1949, the 

20 Commission is authorized to enter into contracts 

21 with Federal and State agencies, private firms, insti22 tutions, and individuals for the conduct of activities 

23 necessary to the discharge of its duties under section 

24 4. 


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

2 legal agreement entered into by the Commission may 

3 not extend beyond the date of termination of the 

4 Commission. 

5 SEC. 7. STAFF. 

6 (a) DIRECTOR.—The Commission shall have a Direc7 tor who shall be appointed by a majority vote of the Com8 mission. The Director shall be paid at a rate not to exceed 

9 the rate of basic pay for level IV of the Executive Sched10 ule. 

11 (b) STAFF.— 

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

13 Commission, the Director may appoint such per14 sonnel as the Director determines to be appropriate. 

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

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

17 Schedule. 

18 (2) ADDITIONAL STAFF.—The Commission may 

19 appoint and fix the compensation of such other per20 sonnel as may be necessary to enable the Commis21 sion to carry out its duties, without regard to the 

22 provisions of title 5, United States Code, governing 

23 appointments in the competitive service, and without 

24 regard to the provisions of chapter 51 and sub25 chapter III of chapter 53 of such title relating to 


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1 classification and General Schedule pay rates, except 

2 that no rate of pay fixed under this subsection may 

3 exceed the equivalent of that payable to a person oc4 cupying a position at level V of the Executive Sched5 ule. 

6 (c) EXPERTS AND CONSULTANTS.—With the ap7 proval of the Commission, the Director may procure tem8 porary and intermittent services under section 3109(b) of 

9 title 5, United States Code. 

10 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

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

12 agency may detail, without reimbursement, any of the per13 sonnel of such agency to the Commission to assist in car14 rying out the duties of the Commission. Any such detail 

15 shall not interrupt or otherwise affect the civil service sta16 tus or privileges of the personnel. 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated $2,000,000 to carry out this Act. 

20 (b) AVAILABILITY.—Amounts authorized to be appro21 priated under subsection (a) are authorized to remain 

22 available until expended. 

23 SEC. 9. OFFSET. 

24 Section 102(a) of the Enhanced Partnership with 

25 Pakistan Act of 2009 (22 U.S.C. 8412(a); Public Law 


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1 111–73; 123 Stat. 2068) is amended by striking 

2 ‘‘$1,500,000,000’’ and inserting ‘‘$1,498,000,000’’. 

3 SEC. 10. SUNSET. 

4 The Commission shall terminate on the date that is 

5 60 days after the date on which the Commission submits 

6 its to Congress of its report pursuant to section 4(c). 

Æ 


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