SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Western Hemisphere 
Drug Policy Commission Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) According to the Substance Abuse and Men-
tal Health Services Administration’s (SAMHSA) 
National Survey on Drug Use and Health, in 2008 
in the United States, there were an estimated 
25,768,000 users of marijuana, 5,255,000 users of 
cocaine, 850,000 users of methamphetamine, and 
453,000 users of heroin. 
(2) Nearly 100 percent of the United States co-
caine supply originates in the Andean countries of 
Bolivia, Colombia, and Peru and over 90 percent of 
the United States heroin supply originates in Colom-
bia and Mexico. 
(3) In those countries, the cultivation, produc-
tion and trafficking of cocaine and heroin generate 
violence, instability and corruption. 
(4) In the transit countries of Central America, 
Mexico, Venezuela, Ecuador, Haiti, and other Carib-
bean countries, drug trafficking is central to the 
growing strength of organized criminals to threaten 
local and national law enforcement, political institu-
tions, citizen security, rule of law, and United States 
security and interests. 
(5) Drug-related violence is on the rise in Mex-
ico and along the United States-Mexico border. 
5,661 people died in Mexico in 2008 alone as a re-
sult of drug-related violence. This is more than dou-
ble the 2007 total of 2,773. 
(6) According to the Department of State’s 
June 2009 Trafficking in Persons report, organized 
criminal networks in Mexico also ‘‘traffic Mexican 
women and girls into the United States for commer-
cial sexual exploitation’’. 
(7) Extremist groups and their supporters in 
the Western Hemisphere, including the Revolu-
tionary Armed Forces of Colombia (FARC) and 
Hezbollah, often use drug trafficking to finance ter-
rorist activities. 
(8) From 1980–2008, United States counter-
narcotics assistance from the State and Defense De-
partments to Latin America and the Caribbean to-
taled about $11,300,000,000.
SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG 
POLICY COMMISSION. 
There is established an independent commission to be 
known as the ‘‘Western Hemisphere Drug Policy Commis-
sion’’ (in this Act referred to as the ‘‘Commission’’). 
SEC. 4. PURPOSE. 
The Commission shall review and evaluate United 
States policy regarding illicit drug supply reduction and 
interdiction, with particular emphasis on international 
drug policies and programs directed toward the countries 
of the Western Hemisphere, along with foreign and do-
mestic demand reduction policies and programs. The Com-
mission shall identify policy and program options to im-
prove existing international and domestic counternarcotics 
policy. 
SEC. 5. DUTIES OF THE COMMISSION. 
(a) REVIEW OF ILLICIT DRUG SUPPLY REDUCTION 
AND DEMAND REDUCTION POLICIES.—The Commission 
shall conduct a comprehensive review of United States pol-
icy regarding illicit drug supply reduction, interdiction, 
and demand reduction policies and shall, at a minimum, 
address the following topics: 
(1) An assessment of United States inter-
national illicit drug control policies in the Western 
Hemisphere.
(2) An assessment of drug interdiction efforts, 
crop eradication programs, and the promotion of 
economic development alternatives to illicit drugs. 
(3) The impact of the Andean Counterdrug Ini-
tiative (ACI), the Merida Initiative, the Caribbean 
Basin Security Initiative, and other programs in 
curbing drug production, drug trafficking, and drug- 
related violence in the Western Hemisphere. 
(4) An assessment of how to better deploy and 
employ available technology to target major drug 
cartels. 
(5) An assessment of efforts to curb the traf-
ficking of chemical precursors for illicit drugs. 
(6) An assessment of how the United States 
drug certification process serves United States inter-
ests with respect to United States international il-
licit drug control policies. 
(7) An assessment of the nature and extent of 
the United States population’s demand for illicit 
drugs. 
(8) An assessment of United States drug pre-
vention and treatment programs, including anti-drug 
coalitions, drug courts, and programs aimed at pre-
venting recidivism.
(9) An assessment of the extent to which the 
consumption of illicit drugs in the United States is 
driven by individuals addicted to or abusive of illicit 
drugs, and the most effective experiences in the 
United States and throughout the world in treating 
those individuals and reducing the damage to them-
selves and to society. 
(10) Recommendations on how best to improve 
United States policies aimed at reducing the supply 
of and demand for illicit drugs. 
(11) Assessing the value of supporting relevant 
government entities and nongovernmental institu-
tions in other countries of the Western Hemisphere 
in promoting the reduction of supply of and demand 
for illicit drugs. 
(12) An assessment of whether the proper indi-
cators of success are being used in United States il-
licit drug control policy. 
(b) COORDINATION WITH GOVERNMENTS, INTER-
NATIONAL
ORGANIZATIONS, AND
NONGOVERNMENTAL 
ORGANIZATIONS
(NGOS) 
IN
THE
WESTERN
HEMI-
SPHERE.—In conducting the review required under sub-
section (a), the Commission shall consult with— 
(1) government, academic, and nongovern-
mental 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) to examine what changes 
would increase its effectiveness. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 12 months 
after the first meeting of the Commission, the Com-
mission shall submit to the Committee on Foreign 
Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate, the 
Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of 
the Senate, the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Health, Education, Labor and Pensions of 
the Senate, the Committee on Armed Services of the 
House of Representatives and the Committee on 
Armed Services of the Senate, the Secretary of 
State, the Secretary of Defense, the Secretary of 
Health and Human Services, the Attorney General, 
and the Director of the Office of National Drug 
Control Policy (ONDCP) a report that contains a 
detailed statement of the recommendations, findings, 
and conclusions of the Commission, including sum-
maries of the input and recommendations of the 
leaders and organizations with which is consulted 
under subsection (b). 
(2) PUBLIC
AVAILABILITY.—The report re-
quired under this subsection shall be made available 
to the public. 
SEC. 6. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of ten members, to be appointed as fol-
lows: 
(1) The majority leader and minority leader of 
the Senate shall each appoint two members. 
(2) The Speaker and the minority leader of the 
House of Representatives shall each appoint two 
members. 
(3) The President shall appoint two members. 
(b) APPOINTMENTS.—The Commission may not in-
clude Members of Congress or other currently elected Fed-
eral, State, or local government officials. 
(c) PERIOD OF APPOINTMENT.—Each member shall 
be appointed for the life of the Commission. Any vacancies 
shall not affect the power and duties of the Commission, 
but shall be filled in the same manner as the original ap-
pointment.
(d) DATE.—Members of the Commission shall be ap-
pointed not later than 30 days after the date of the enact-
ment of this Act. 
(e) INITIAL MEETING AND SELECTION OF CHAIR-
PERSON.—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 comple-
tion of the review and report required under section 5. 
At the initial meeting, the Commission shall select a 
Chairperson from among its members. 
(f) QUORUM.—Six members of the Commission shall 
constitute a quorum. 
(g) TRAVEL EXPENSES.—Members shall receive trav-
el 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 Com-
mission. 
SEC. 7. 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 Com-
mission determines necessary to carry out its duties.
(c) OTHER RESOURCES.—The Commission shall have 
reasonable access to documents, statistical data, and other 
such information the Commission determines necessary to 
carry out its duties from the Library of Congress, the Of-
fice of National Drug Control Policy, the Department of 
State, the Department of Health and Human Services, the 
Department of Justice, the Drug Enforcement Adminis-
tration, the Department of Defense (including the United 
States Southern Command), and other agencies of the ex-
ecutive and legislative branches of the Federal Govern-
ment. The Chairperson of the Commission shall make re-
quests for such access in writing when necessary. The 
General Services Administration (GSA) shall make office 
space available for day-to-day Commission activities and 
for scheduled Commission meetings. Upon request, the 
Administrator of General Services shall provide, on a re-
imbursable basis, such administrative support as the Com-
mission requests to fulfill its duties. 
(d) AUTHORITY
TO
USE
THE
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.—Subject to the Fed-
eral 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 and responsibilities. A contract, 
lease, or other legal agreement entered into by the Com-
mission may not extend beyond the date of termination 
of the Commission. 
SEC. 8. STAFF. 
(a) EXECUTIVE DIRECTOR.—The Commission shall 
have a staff headed by an Executive Director. The Execu-
tive Director and such staff as is needed shall be paid at 
a rate not more than the rate of pay for level IV of the 
Executive Schedule. 
(b) STAFF APPOINTMENT.—With the approval of the 
Commission, the Executive Director may appoint such 
personnel as the Executive Director determines to be ap-
propriate. The Commission may appoint and fix the com-
pensation of such other personnel as may be necessary to 
enable the Commission to carry out its duties, without re-
gard to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and with-
out 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 under section 5316 of such title. 
(c) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Executive 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 per-
sonnel of such agency to the Commission to assist in car-
rying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service sta-
tus or privileges of the personnel. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated $2,000,000 to carry out this Act. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to subsection (a) shall remain available, without fiscal year 
limitation, until expended.
SEC. 10. SUNSET. 
The Western Hemisphere Drug Policy Commission 
shall terminate 60 days after the submission to Congress 
of its report under section 5(c). 
Passed the House of Representatives December 8, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 2134 
AN ACT 
To establish the Western Hemisphere Drug Policy 
Commission.