[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 351 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 351
To establish the Independent Commission on the 2004 Coup d'Etat in the
Republic of Haiti.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2007
Ms. Lee introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish the Independent Commission on the 2004 Coup d'Etat in the
Republic of Haiti.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Independent
Commission on the 2004 Coup d'Etat in the Republic of Haiti (in this
Act referred to as the ``Commission'').
SEC. 2. DUTIES.
(a) Duties.--The Commission shall examine and evaluate the role of
the United States Government in the February 2004 coup d'etat in the
Republic of Haiti. In carrying out the preceding sentence, the
Commission shall examine and evaluate the following:
(1) The extent to which the United States Government
impeded the democratic process in Haiti, including the extent
to which actions and policies of the United States Government
contributed to the overthrow of the democratically-elected
Government of Haiti.
(2) The circumstances under which Haitian President Jean-
Bertrand Aristide resigned his office and went into exile in
the Central African Republic, including the role of the United
States Government in such resignation and exile.
(3) In the events leading up to the coup d'etat, the extent
to which the United States Government fulfilled its obligations
under article 17 of the Organization of American States (OAS)
Inter-American Democratic Charter requiring that each OAS
member country come to the aid of another OAS government under
attack.
(4) The extent to which the United States Government
impeded efforts by the international community, particularly
efforts by Caribbean Community (CARICOM) countries, to prevent
the overthrow of the democratically-elected Government of
Haiti.
(5) The role of the United States Government in influencing
decisions regarding Haiti at the United Nations Security
Council and in discussions between Haiti and other countries
that were willing to assist in the preservation of the
democratically-elected Government of Haiti by sending security
forces to Haiti.
(6) The extent to which United States assistance was
provided or United States personnel were used to support,
directly or indirectly, the forces opposed to the government of
President Aristide, including the extent to which United States
bilateral assistance was channeled through nongovernmental
organizations that were directly or indirectly associated with
political groups actively involved in fomenting hostilities or
violence toward the government of President Aristide.
(7) The involvement of the Central Intelligence Agency,
directly or indirectly, in operations that contributed to the
overthrow of the democratically-elected Government of Haiti.
(8) The impact of the International Republican Institute,
the National Democratic Institute for International Affairs,
and other organizations funded by the United States Agency for
International Development on the political process in Haiti.
(9) The political and economic impact on Haiti of the
decision by the United States Government to discontinue all
United States bilateral assistance to Haiti and United States
efforts to block loans and support for Haiti from international
financial institutions.
(10) The broader implications for Haiti and the Caribbean
region of the events culminating in the coup d'etat.
(b) Scope of Duties.--In carrying out the duties described in
subsection (a), the Commission may examine the actions and
representations of the current Administration as well as prior
Administrations.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 3 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualification Requirement; Deadline for Appointment;
Meetings.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(2) Deadline for appointment.--All members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(3) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(c) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members of the
Commission.
(d) Quorum; Vacancies.--6 members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Sessions.--
(1) In general.--The Commission shall, for the purpose of
carrying out this Act, hold public hearings and meetings to the
extent appropriate, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(2) Additional requirements.--
(A) Public hearings.--Any public hearings of the
Commission shall be conducted in a manner consistent
with the protection of information provided to or
developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(B) Public versions of reports.--The Commission
shall release public versions of the reports required
under section 8.
(b) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter under
investigation by the Commission.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(c) Contract Authority.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties of this Act.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency information necessary to
enable it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's duties.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), departments and agencies
of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by
law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 5. STAFF OF COMMISSION.
(a) Appointment and Compensation.--The Chairperson of the
Commission, in consultation with the Vice Chairperson of the
Commission, in accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and 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 Act 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 for a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5, United States Code.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
(a) In General.--Subject to subsection (b), the appropriate Federal
agencies or departments shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(b) Exception.--No person shall be provided with access to
classified information under this Act without the appropriate required
security clearance access.
SEC. 8. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress and the
President interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
President a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Form of Report.--Each report prepared under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 9. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 8(b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
final report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $5,000,000 for fiscal year 2008.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until the date on which the Commission terminates
pursuant to section 9(a).
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