I
105TH CONGRESS
1ST SESSION
H. R. 1317
To establish the High Level Commission on International Narcotics Control.
IN THE HOUSE OF REPRESENTATIVES
APRIL 14, 1997
Mr. KOLBE (for himself, Mr. DIAZ-BALART, and Mr. BARTON of Texas) intro-
duced the following bill; which was referred to the Committee on Inter-
national Relations
A BILL
To establish the High Level Commission on International
Narcotics Control.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Counter-Narcotics Pol-
icy Review Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The consumption of narcotics in the United
States is a serious problem that is ravaging the
United States, especially America’s youth.
(2) Despite the dedicated and persistent efforts
of the United States and other nations, international
narcotics trafficking and consumption remains a se-
rious problem.
(3) The total eradication of international nar-
cotics trafficking requires a long-term strategy that
necessitates close international cooperation.
(4) The annual certification process relating to
international narcotics control under section 490 of
the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) is flawed because—
(A) the process fails to enhance inter-
national cooperation;
(B) the process reviews narcotics control
efforts only on an annual basis and fails to enu-
merate long-term goals and objectives;
(C) the process is not a comprehensive re-
view of all countries that contribute to inter-
national narcotics trafficking; and
(D) the process fails to account for the di-
vergent economic, political, and social cir-
cumstances of countries under review which can
influence the decision by the United States to
decertify a foreign nation, thereby leading to
unpredictability, non-transparency, and lack of
international credibility in the process.
(5) The problem of international narcotics traf-
ficking is not being effectively addressed by the an-
nual certification process under section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
High Level Commission on International Narcotics Con-
trol (hereinafter referred to as the ‘‘Commission’’).
SEC. 4. DUTIES.
The Commission shall conduct a review of the annual
certification process relating to international narcotics
control under section 490 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j) to determine the effectiveness
of such process in curtailing international drug traffick-
ing, the effectiveness of such process in enhancing inter-
national counter-narcotics cooperation, and the effective-
ness of such process in reducing drug use and consump-
tion within the United States.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall consist of 12 members, as follows:
(1) The Secretary of State or the Secretary’s
designee.
(2) The Secretary of the Treasury or the Sec-
retary’s designee.
(3) The Attorney General or the Attorney Gen-
eral’s designee.
(4) The Director of the Office of National Drug
Control Policy or the Director’s designee.
(5) The Director of the Drug Enforcement Ad-
ministration or the Director’s designee.
(6) The Director of Central Intelligence or the
Director’s designee.
(7) The following Members of Congress ap-
pointed not later than 30 days after the date of the
enactment of this Act as follows:
(A)(i) 2 Members of the House of Rep-
resentatives appointed by the Speaker of the
House of Representatives.
(ii) 1 member of the House of Representa-
tives appointed by the minority leader of the
House of Representatives.
(B)(i) 2 Members of the Senate appointed
by the majority leader of the Senate.
(ii) 1 member of the Senate appointed by
the minority leader of the Senate.
(b) TERMS.—Each member of the Commission shall
be appointed for the life of the Commission.
(c) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(d) CHAIRPERSON.—The Director of the Office of
National Drug Control Policy (or the Director’s designee)
shall serve as the Chairperson of the Commission until
such time as the members of the Commission can elect
a Chairperson.
(e) BASIC PAY.—Each member shall serve without
pay. Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(g) MEETINGS.—The Commission shall meet at the
call of the chairperson.
SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Commission shall have a direc-
tor who shall be appointed by the chairperson subject to
rules prescribed by the Commission.
(b) STAFF.—Subject to rules prescribed by the Com-
mission, the chairperson may appoint and fix the pay of
such additional personnel as the chairperson considers ap-
propriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The director and staff of the Commission may be
appointed without regard to title 5, United States Code,
governing appointments in the competitive service, and
may be paid without regard to the requirements of chapter
51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates, except
that an individual so appointed may not receive pay in
excess of the maximum annual rate of basic pay payable
for GS–15 of the General Schedule.
(d) EXPERTS AND CONSULTANTS.—The chairperson
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for GS–15 of
the General Schedule.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the chairperson, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
the agency to the Commission to assist the Commission
in carrying out its duties.
SEC. 7. POWERS.
(a) OBTAINING OFFICIAL DATA.—The chairperson
may secure directly from any Federal agency information
necessary to enable the Commission to carry out its duties.
Upon request of the chairperson, the head of the agency
shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure
by law.
(b) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the chairperson, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its duties.
(d) CONTRACT AUTHORITY.—The chairperson may
contract with and compensate government and private
agencies or persons for the purpose of conducting re-
search, surveys, and other services necessary to enable the
Commission to carry out its duties.
SEC. 8. REPORTS.
(a) INTERIM REPORT.—Not later than 6 months
after the date of the enactment of this Act, the Commis-
sion shall prepare and submit to the President and the
Congress an interim report on the following:
(1) The overall effectiveness of the annual cer-
tification process relating to international narcotics
control under section 490 of the Foreign Assistance
Act of 1961 (22 U.S.C 2291j) in curtailing inter-
national drug trafficking.
(2) The impact of such annual certification
process in enhancing international counternarcotics
cooperation.
(3) The transparency and predictability of such
annual certification process.
(b) FINAL REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Commission shall
prepare and submit to the President and the Congress a
final report that, at a minimum, contains the following:
(1) Information that meets the requirements of
the information described in the initial report under
subsection (a) and that has been updated since the
date of the submission of the interim report, as ap-
propriate.
(2) Recommendations for actions that are nec-
essary—
(A) to eliminate international narcotics
trafficking;
(B) to improve cooperation among coun-
tries in efforts to curtail international narcotics
trafficking, including necessary steps to identify
all areas in which inter-American cooperation
can be initiated and institutionalized; and
(C) to improve the transparency and pre-
dictability of the annual certification process re-
lating to international narcotics control under
section 490 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j).
(3) Any additional measures to win the war on
drugs.
(5) Any other related information that the
Commission considers to be appropriate.
(c) ADDITIONAL RECOMMENDATIONS.—In the event
the Commission determines the annual certification proc-
ess relating to international narcotics control under sec-
tion 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) to be ineffective in curtailing international narcot-
ics trafficking or in enhancing international cooperation
to combat such trafficking, the Commission shall include
in the final report under subsection (b) its recommenda-
tion for alternatives to such process in either legislative
or nonlegislative form that are designed to replace such
process and to improve international cooperation in cur-
tailing international narcotics trafficking.
SEC. 9. TERMINATION.
The Commission shall terminate 6 months after the
date on which the Commission submits its final report
under section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as may be necessary to carry out this
Act.
(b) AVAILABILITY.—Amounts authorized to be appro-
priated under subsection (a) are authorized to remain
available until expended.
Æ