[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 946

To establish the Independent Commission on the 2004 Coup d'Etat in the 
                           Republic of Haiti.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

  Ms. Lee (for herself, Mr. Conyers, Ms. Kilpatrick of Michigan, Mrs. 
  Jones of Ohio, Mr. Owens, Mr. Grijalva, Ms. Norton, Mr. Rangel, Mr. 
  Towns, Mr. Brown of Ohio, and Ms. Waters) introduced the following 
  bill; which was referred to the Committee on International Relations

_______________________________________________________________________

                                 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(b) 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 2006.
    (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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