[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2725 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2725
To establish a commission to address the fundamental repercussions of a
misguided intervention, by the United States on the Dominican Republic
between 1916-1924 and 1965-1966, including to study and consider an
apology and proposals for the repair of relations and reconciliation
with the people of the Dominican Republic, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 2021
Mr. Espaillat introduced the following bill; which was referred to the
Committee on Foreign Affairs
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A BILL
To establish a commission to address the fundamental repercussions of a
misguided intervention, by the United States on the Dominican Republic
between 1916-1924 and 1965-1966, including to study and consider an
apology and proposals for the repair of relations and reconciliation
with the people of the Dominican Republic, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on United States
Occupations Act'' or the ``La Comision de las ocupaciones
norteamericanas Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States established diplomatic relations with
the Dominican Republic in 1884 following its independence. Ever
since, the country has witnessed periods of dictatorship,
austerity, interventions, and political insurrection, along
with an increasing national debt that led to two occupations by
the United States in the Dominican Republic.
(2) After the Civil War, much of America's attention turned
to rebuilding itself during the Reconstruction Era. For various
years, the United States Navy had wanted a naval base in the
Caribbean to conduct its naval operations. The Dominican
Republic had a suitable bay (the Samana Bay). In 1869,
President Ulysses S. Grant attempted the annexation of Santo
Domingo with the promise of eventual statehood. The annexation
treaty failed to reach the two-thirds vote needed (the vote was
a tie) in the Senate, falling one vote short and thus
preventing the Dominican Republic from becoming a United States
Territory.
(3) By 1916, the national debt had swollen to well over $30
million, and the United States Government stepped in to control
the various custom houses in the major ports.
(4) On May 13, 1916, a contingent of the United States
Marine Corps landed and within two months took control of the
nation, imposing a military government under the command of
Rear Admiral Harry Shepard Knapp, which resulted in eight years
of strong United States military presence and of great
resentment from Dominican nationals who lost their sovereignty
at the hands of United States forces.
(5) Upon withdrawal in 1924, by orders of President Warren
Harding, the United States came to an agreement with the
Dominican Republic which guaranteed customs duties to continue
paying off its national long-standing debts. In the same year,
when United States forces withdrew, 144 marines were dead and
50 were injured. The Dominicans suffered 950 casualties between
dead and injured.
(6) The occupation sequel had its effect in the years to
come, through the rise in power of Rafael Leonidas Trujillo.
Trujillo, a member of the National Guard created in the early
1919 by the United States, and despite being a person of
questionable moral character, received support from the United
States Government. During his 31 years of dictatorship,
Trujillo ruled the Dominican Republic with an iron fist and
diverted funds for his army and to suppress internal dissent.
(7) The second intervention and occupation of the Dominican
Republic by the United States Armed Forces, called ``Operation
Power Pack'', took place between 1965-1966, after a period of
political instability and military coup following the
assassination of dictator Rafael Leonidas Trujillo in 1961.
(8) In 1962, Juan Bosch became the first elected president
of the Dominican Republic, after 31 years of tyranny. Bosch
tried to establish a democratic, secular constitution, but on
September 25, 1963, a military coup overthrew Bosch and
replaced him with a junta led by Donald Reid Cabral.
(9) President Lyndon Johnson sent a total of 42,000
American troops, supplemented by an Inter-American Peace Force
(2,000 troops) to the island to support ``La Junta'' led by
Donald Reid Cabral. Shortly after the 1965 Civil War or ``La
Revolucion del 65'', questionable elections were held, and
these resulted in the election of Joaquin Balaguer to the
Presidency of the Dominican Republic.
(10) Balaguer, a previous member of the Trujillo-led
government, ruled the Dominican Republic for the following 12
years. This period was characterized by turmoil, alleged
disappearances, and deaths of hundreds of young political men
and social activists.
(11) The injustice that flourished in the Dominican
Republic during this era constituted an immoral and tyrannic
regime, depriving its citizens from a free and sovereign
government for 12 more years.
(12) Upon withdrawal in 1966 when United States forces
withdrew, the United States suffered 239 casualties, with 27
killed in action, 189 wounded in action, and 21 noncombat
deaths. The Dominican Republic suffered over 7,000 (civilians
and Armed Forces) casualties, with 4,275 killed in action and
3,000 wounded
(13) Approximately 5,225 Dominicans and 192 Americans lost
their lives during the United States occupations of the
Dominican Republic. During these occupations and interventions
239 Americans and over 3,000 Dominicans were injured.
SEC. 3. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
and Develop Reconciliation Proposals for Dominican Republic (in this
Act referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Identifying, documenting, examining, compiling, and
synthesizing the relevant corpus of evidentiary documentation
relating to the United States interest to incorporate the
Dominican Republic as United States territory in 1869 in the
``Annexation for Santo Domingo Treaty''.
(2) Identifying, documenting, examining, compiling, and
synthesizing the relevant corpus of evidentiary documentation
relating to the United States military occupations in the
Dominican Republic between 1916-1924, including facts related
to the following:
(A) United States involvement in the Dominican
Republic's affairs, and its financial and military
support to the Trujillo dictatorship.
(B) The treatment of the Dominican people under the
Trujillo dictatorship, including violent repression of
basic rights and freedoms, with the tacit support of
the United States.
(C) The lingering negative effects of dictatorship
and the matters described in subparagraphs (A) and (B)
on current Dominican Republic citizens and society.
(3) Identifying, documenting, examining, compiling, and
synthesizing the relevant corpus of evidentiary documentation
relating to the United States military occupations in the
Dominican Republic between 1965-1966, including facts related
to the lingering negative effects of Balaguer's 12 years in
power on current Dominican Republic citizens and society.
(4) Identifying, documenting, examining, and compiling an
accurate number of casualties, including deaths and injuries
during all United States occupations and interventions in the
Dominican Republic.
(5) Identifying, documenting, examining, and compiling
accurate cost of damage or destruction of private property
during all United States occupations and interventions in the
Dominican Republic.
(6) Recommending appropriate ways to educate the United
States public of the Commission's findings.
(7) Recommending appropriate remedies in consideration of
the Commission's findings on the matters described in
subparagraphs (A), (B), and (C) of paragraph (2). In making
such recommendations, the Commission shall address among other
issues, the following questions:
(A) How such recommendations comport with
international standards of remedy for wrongs and
injuries caused by the United States Government,
including repair and reconciliation efforts, as
understood by various relevant international protocols,
laws, and findings.
(B) How the United States Government may offer a
formal apology on behalf of the people of the United
States for the invasions and occupations of the
Dominican Republic.
(C) How the repercussions resulting from matters
described in subparagraphs (A), (B), and (C) of
paragraph (2) may be reversed and provide appropriate
policies, programs, projects, and recommendations for
the purpose of reversing the effects of the invasions
and occupations.
(D) How the role played by the Organization of
American States (OAS) during the 1965-66 United States
Occupation in the Dominican Republic to legitimize the
North American Intervention of April 28, 1965, may have
had tremendous repercussions on current Dominican
Republic citizens and society.
(E) How the OAS settled a ``historic grievance''
with the Dominican Republic when its member nations
voted to publicly apologize for approving the military
occupation of the country during the Revolution of
April 1965.
(c) Report to Congress.--Not later than 24 months after the date of
the enactment of this Act, the Commission shall submit to Congress a
written report of its findings and recommendations under this section.
(d) Membership.--
(1) In general.--
(A) Stated members.--The following shall be members
of the Commission:
(i) The Under Secretary for Western
Hemisphere Affairs of the Department of State.
(ii) The United States Ambassador to the
Dominican Republic.
(B) Appointed members.--
(i) In general.--Not later than 90 days
after the date of the enactment of this Act,
the following shall be members of the
Commission, appointed as follows:
(I) One member shall be appointed
by the President of the United States.
(II) Two members shall be appointed
by the Speaker of the House of
Representatives, in consultation with
the minority leader.
(III) Two members shall be
appointed by the majority leader of the
Senate, in consultation with the
minority leader.
(ii) Under international cooperation.--The
President shall seek to negotiate with the
Dominican Republic to seek, to the extent
practicable, the following as members of the
Commission:
(I) The Dominican Republic
Ambassador to the United States.
(II) The Ambassador permanent
representative of the Dominican
Republic to the Organization of
American States (OAS).
(2) Qualifications.--All members of the Commission shall be
persons who are especially qualified to serve on the Commission
by virtue of their education, training, activism, or
experience, particularly in the fields of Dominican Republic
relations or reparatory justice.
(3) Terms.--The term of office for members shall be for the
life of the Commission. A vacancy in the Commission shall not
affect the powers of the Commission and shall be filled in the
same manner in which the original appointment was made.
(4) Meetings.--The Commission shall conduct its initial
meeting not later than 120 days after the date of the enactment
of this Act. The Commission shall establish rules of procedure
at such meeting. All meetings of the Commission shall be
public. The Commission should meet not less often than once a
month, including virtual meetings by either the entire
Commission or any member thereof.
(5) Quorum.--Seven members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(6) Chair and vice chair.--The Commission shall elect a
Chair and Vice Chair from among its members. The term of office
of each shall be for the life of the Commission.
(7) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(8) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of the duties of the Commission.
(e) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out the provisions of this section, hold
such hearings and sit and act at such times and at such places
in the United States, and request the attendance and testimony
of such witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the
Commission considers appropriate. The Commission may invoke the
aid of an appropriate United States district court to require,
by subpoena or otherwise, such attendance, testimony, or
production.
(2) Powers of members.--Any member of the Commission may,
if authorized by the Commission, take any action which the
Commission is authorized to take by this subsection.
(3) Obtaining official data.--The Commission may acquire
directly from the head of any department, agency, or
instrumentality of the executive branch of the United States
Government, available information which the Commission
considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive
branch of the United States Government shall cooperate with the
Commission with respect to such information and shall furnish
all information requested by the Commission to the extent
permitted by law.
(f) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits its report to the Congress under
subsection (c).
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$10,000,000 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization under paragraph (1) are authorized to remain
available until the termination of the Commission in accordance
with subsection (f).
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