IIA
Calendar No. 29
105TH CONGRESS
1ST SESSION
H. J. RES. 58
Disapproving the certification of the President under section 490(b) of the
Foreign Assistance Act of 1961 regarding foreign assistance for Mexico
during fiscal year 1997.
IN THE SENATE OF THE UNITED STATES
MARCH 17, 1997
Received and read the first time
MARCH 18, 1997
Read the second time and placed on the calendar
JOINT RESOLUTION
Disapproving the certification of the President under section
490(b) of the Foreign Assistance Act of 1961 regarding
foreign assistance for Mexico during fiscal year 1997.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
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SECTION 1. CONGRESSIONAL FINDINGS; DECLARATION OF
POLICY.
(a) GENERAL FINDINGS.—The Congress finds the
following:
(1) International drug traffickers, aided by in-
dividuals in the United States and across the West-
ern Hemisphere who sell and distribute deadly
drugs, pose the largest threat to Americans since the
end of the Cold War.
(2) The United States is faced with a supply of
drugs that is cheaper, more potent, and more avail-
able than at any time in our history.
(3) The drug cartels are becoming wealthier,
bolder, and closer to the United States, and their
corruption of officials is beginning to reach inside
the United States.
(4)(A) No single action is a sufficient response
to the threat posed to our society by illegal drugs.
(B) The goal of the United States is to save our
children by eliminating the illegal drug trade.
(C) The United States Government must set
forth a comprehensive strategy that dedicates the re-
sources necessary to decisively win the war on drugs.
(b) THREAT DRUGS POSE TO OUR CHILDREN.—The
Congress further finds the following:
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(1)(A) Casual teenage drug use trends have
suffered a marked reversal over the past 5 years.
Casual teenage drug use has dramatically increased
for virtually every childhood age group and for vir-
tually every illicit drug, including heroin, crack, co-
caine hydrochloride, lysergic acid diethylamide
(LSD), non-LSD hallucinogens, methamphetamine,
inhalants, stimulants, and marijuana (often laced
with phencyclidine (PCP) and cocaine).
(B) Specifically, illicit drug use among 8th and
10th graders has doubled in the last 5 years. 8 per-
cent of 6th graders, 23 percent of 7th graders, and
33 percent of 8th graders have tried marijuana.
Since 1993, the number of 8th graders using mari-
juana has increased 146 percent and overall teen
drug use is up 50 percent.
(2) Rising casual teenage drug use is closely
correlated with rising juvenile violent crime, as re-
ported by the Department of Justice.
(3) If rising teenage drug use and the close cor-
relation with violent juvenile crime continue to rise
on their current path, the United States will experi-
ence a doubling of violent crime by 2010, according
to the Department of Justice’s Office of Juvenile
Justice and Delinquency Prevention.
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(4) The nature of casual teenage drug use is
changing, such that annual or infrequent teenage ex-
perimentation with illegal drugs is being replaced by
regular, monthly, or addictive teenage drug use.
(5) Nationwide, drug-related emergencies are at
an all-time high, having risen for 5 straight years by
increments of between 10 and 30 percentage points
per year for each drug measured.
(6) The nationwide street price for most illicit
drugs is lower than at any time in recent years, and
the potency of those same drugs, particularly heroin,
crack and marijuana, is higher.
(c) THE FAILED ANTIDRUG POLICY.—The Congress
further finds the following:
(1) United States Government strategy has dra-
matically shifted precious antidrug resources away
from United States priorities set in the 1980’s—
away from the prior emphasis on drug prevention
for children, drug interdiction, and international
source country programs.
(2) United States Government strategy has
been weak in responding to statutory deadlines, has
been characterized by an absence of statutorily man-
dated measurable goals, lack of effective coordina-
tion 
and 
program 
accountability, 
and 
often
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untargeted and insufficient funding, from the small-
est agencies involved in the drug war up to and in-
cluding the White House Drug Policy Office.
(3) It has been reported that United States
Government policy reduced the national security pri-
ority placed on international drug trafficking from
the top tier (number 3) to the bottom tier (number
29).
(4) United States Government policy has em-
phasized additional funding for unproven drug treat-
ment techniques at the expense of accountable drug
prevention programs that effectively teach a right-
wrong distinction.
(5) The United States Government has failed to
assess the outcomes of $3,000,000,000 spent per
year in drug rehabilitation and has failed to shift re-
sources from ineffective programs to programs that
save lives.
(6) United States Government policy has not
offered sufficient flexibility to local and State law
enforcement agencies to combat drug abuse through
measures such as additional block grant funding.
(7) United States Government strategy has not
properly emphasized the important, increased role
that can legitimately be played by the National
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Guard, the United States military, and United
States intelligence agencies in confronting the rising
drug trafficking threat.
(8) United States Government strategy under-
emphasizes community and parental actions and the
need to engage children at an early age in preven-
tion activities.
(9) For the past four years, United States Gov-
ernment strategy has failed to use the media to com-
municate a consistent, intense antidrug message to
young people.
(d) DECLARATION OF POLICY.—The Congress de-
clares that—
(1) a thorough review of the United States
counternarcotics strategy is urgently needed; and
(2) the establishment of a commission on inter-
national narcotics control in accordance with section
6 will assist in such review.
SEC. 2. DISAPPROVAL OF DETERMINATION OF PRESIDENT
REGARDING MEXICO.
(a) IN GENERAL.—Pursuant to subsection (d) of sec-
tion 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j), effective 90 days after the date of the enactment
of this joint resolution Congress disapproves the deter-
mination of the President with respect to Mexico for fiscal
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year 1997 that is contained in the certification (transmit-
tal no. 97–18) submitted to Congress by the President
under subsection (b) of that section on February 28, 1997.
(b) EXCEPTION.—Subsection (a) shall not take effect
if, within 90 days after the date of the enactment of this
joint resolution, the President determines and reports in
writing to the Congress that the President has obtained
reliable assurances of substantial progress toward—
(1) obtaining authorization from the Govern-
ment of Mexico to allow additional agents of the
Drug Enforcement Administration, or other United
States law enforcement agents (as of February 28,
1997), for critical narcotics control operations in
Mexico, including authorization of appropriate privi-
leges and immunities for such agents;
(2) obtaining authorization from the Govern-
ment of Mexico to allow United States law enforce-
ment agents in Mexico to carry firearms for self-de-
fense in areas where required to cooperate with the
Government of Mexico on narcotics control efforts;
(3) obtaining assurances of substantial progress
by, and commitments from, the Government of Mex-
ico that the Government will take concrete measures
to find and eliminate law enforcement corruption in
Mexico and will cooperate fully with United States
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law enforcement personnel on narcotics control mat-
ters;
(4) obtaining assurances of substantial progress
by, and commitments from, the Government of Mex-
ico that the Government will extradite Mexican na-
tionals wanted by the United States Government for
drug trafficking and other drug-related offenses;
(5) obtaining assurances from the Government
of Mexico that the Government is making substan-
tial progress in securing aircraft overflight and re-
fueling rights that are necessary for full cooperation
with the United States on narcotics control efforts,
including adequate aircraft radar coverage to mon-
itor and detect all aircraft entering and transiting
through Mexico that are suspected of involvement in
drug trafficking; and
(6) obtaining assurances from the Government
of Mexico that the Government is making substan-
tial progress toward a permanent maritime agree-
ment with the United States to allow vessels of the
United States Coast Guard and other appropriate
vessels to halt and hold drug traffickers pursued
into Mexican waters.
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SEC. 3. WAIVER OF REQUIREMENT TO WITHHOLD ASSIST-
ANCE FOR MEXICO.
(a) WAIVER.—Notwithstanding subsections (e) and
(f) of section 490 of the Foreign Assistance Act of 1961,
the requirement to withhold United States assistance and
to vote against multilateral development bank assistance
contained in such subsection (e) shall not apply with re-
spect to Mexico until March 1, 1998, if at any time after
the date of the enactment of this joint resolution, the
President submits to Congress a determination and certifi-
cation described in subsection (b) of this section.
(b) DETERMINATION AND CERTIFICATION.—A deter-
mination and certification described in this subsection is
a determination and certification consistent with section
490(b)(1)(B) of the Foreign Assistance Act of 1961 that
the vital national interests of the United States require
that the assistance withheld pursuant to section 490(e)(1)
of such Act be provided for Mexico and that the United
States not vote against multilateral development bank as-
sistance for Mexico pursuant to section 490(e)(2) of such
Act.
SEC. 4. RULE OF CONSTRUCTION.
For purposes of section 490(d) of the Foreign Assist-
ance Act of 1961, this joint resolution shall be deemed
to have been enacted within 30 calendar days after Feb-
ruary 28, 1997.
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SEC. 5. CONSULTATIONS WITH THE CONGRESS.
(a) CONSULTATIONS.—The President shall consult
with the Congress on the status of counter-narcotics co-
operation between the United States and each major illicit
drug producing country or major drug-transit country.
(b) PURPOSE.—
(1) IN GENERAL.—The purpose of the consulta-
tions under subsection (a) shall be to facilitate im-
proved discussion and understanding between the
Congress and the President on United States
counter-narcotics goals and objectives with regard to
the countries described in subsection (a), including
the strategy for achieving such goals and objectives.
(2) REGULAR AND SPECIAL CONSULTATIONS.—
In order to carry out paragraph (1), the President
(or senior officials designated by the President who
are responsible for international narcotics programs
and policies) shall meet with Members of Congress—
(A) on a quarterly basis for discussions
and consultations; and
(B) whenever time-sensitive issues arise.
SEC. 6. HIGH LEVEL COMMISSION ON INTERNATIONAL
NARCOTICS CONTROL.
(a) FINDINGS.—The Congress finds the following:
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(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 addresses only whether or
not the source country is cooperating with Unit-
ed States narcotics control efforts and does not
take into account all underlying factors;
(B) the process reviews narcotics control
efforts only on an annual basis; and
(C) 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
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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).
(b) ESTABLISHMENT.—There is established a com-
mission to be known as the High Level Commission on
International Narcotics Control (hereinafter referred to as
the ‘‘Commission’’).
(c) DUTIES.—The Commission shall conduct a review
of the annual certification process relating to international
narcotics control under section 490 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2291j) to determine the ef-
fectiveness of such process in curtailing international drug
trafficking, and the effectiveness of such process in reduc-
ing drug use and consumption within the United States.
(d) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall consist of 14 members, as follows:
(A) The Secretary of State or the Sec-
retary’s designee.
(B) The Secretary of the Treasury or the
Secretary’s designee.
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(C) The Attorney General or the Attorney
General’s designee.
(D) The Director of the Office of National
Drug Control Policy or the Director’s designee.
(E) The Governors of the States of Ari-
zona, California, New Mexico, and Texas, or
their designees.
(F) The following Members of Congress
appointed not later than 30 days after the date
of the enactment of this joint resolution as fol-
lows:
(i)(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 Rep-
resentatives appointed by the minority
leader of the House of Representatives.
(ii)(I) 2 Members of the Senate ap-
pointed by the majority leader of the Sen-
ate.
(II) 1 member of the Senate ap-
pointed by the minority leader of the Sen-
ate.
(2) TERMS.—Each member of the Commission
shall be appointed for the life of the Commission.
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(3) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original
appointment was made.
(4) CHAIRPERSON.—The Chairperson of the
Commission shall be elected by the members.
(5) BASIC PAY.—Each member shall serve with-
out pay. Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of title 5, United
States Code.
(6) QUORUM.—A majority of the members shall
constitute a quorum for the transaction of business.
(7) MEETINGS.—The Commission shall meet at
the call of the chairperson.
(e) DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.—
(1) DIRECTOR.—The Commission shall have a
director who shall be appointed by the chairperson
subject to rules prescribed by the Commission.
(2) STAFF.—Subject to rules prescribed by the
Commission, the chairperson may appoint and fix
the pay of such additional personnel as the chair-
person considers appropriate.
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The director and staff of the Commission
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may be appointed without regard to title 5, United
States Code, governing appointments in the competi-
tive 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 individ-
ual so appointed may not receive pay in excess of
the maximum annual rate of basic pay payable for
GS-15 of the General Schedule.
(4) EXPERTS AND CONSULTANTS.—The chair-
person 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 Sched-
ule.
(5) STAFF OF FEDERAL AGENCIES.—Upon re-
quest 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 as-
sist the Commission in carrying out its duties.
(f) POWERS.—
(1) OBTAINING
OFFICIAL
DATA.—The chair-
person may secure directly from any Federal agency
information necessary to enable the Commission to
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carry out its duties. Upon request of the chair-
person, the head of the agency shall furnish such in-
formation to the Commission to the extent such in-
formation is not prohibited from disclosure by law.
(2) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other Federal agencies.
(3) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the chairperson, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its duties.
(4) CONTRACT
AUTHORITY.—The chairperson
may contract with and compensate government and
private agencies or persons for the purpose of con-
ducting research, surveys, and other services nec-
essary to enable the Commission to carry out its du-
ties.
(g) REPORTS.—
(1) INTERIM
REPORT.—Not later than 6
months after the date of the enactment of this joint
resolution, the Commission shall prepare and submit
to the President and the Congress an interim report
on the following:
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(A) The overall effectiveness of the annual
certification process relating to international
narcotics control under section 490 of the For-
eign Assistance Act of 1961 (22 U.S.C 2291j)
in curtailing international drug trafficking.
(B) The impact of such annual certifi-
cation 
process 
in 
enhancing 
international
counternarcotics cooperation.
(C) The transparency and predictability of
such annual certification process in curtailing
international drug trafficking.
(D) Recommendations for actions that are
necessary—
(i) to eliminate international narcotics
trafficking;
(ii) to improve cooperation among
countries 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
(iii) to improve the transparency and
predictability of the annual certification
process relating to international narcotics
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control under section 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j).
(E) Any additional measures to win the
war on drugs.
(2) FINAL
REPORT.—Not later than 1 year
after the date of the enactment of this joint resolu-
tion, the Commission shall prepare and submit to
the President and the Congress a final report that,
at a minimum, contains the following:
(A) Information that meets the require-
ments of the information described in the initial
report under paragraph (1) and that has been
updated since the date of the submission of the
interim report, as appropriate.
(B) Any other related information that the
Commission considers to be appropriate.
(h) TERMINATION.—The Commission shall terminate
6 months after the date on which the Commission submits
its final report under subsection (g)(2).
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to
carry out this section.
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(2) AVAILABILITY.—Amounts authorized to be
appropriated under paragraph (1) are authorized to
remain available until expended.
Passed the House of Representatives March 13,
1997.
Attest:
ROBIN H. CARLE,
Clerk.