I 

111TH CONGRESS 

1ST SESSION H. R. 331 

To establish the Independent Commission on the 2004 Coup d’E ́tat in the 

Republic of Haiti. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Ms. LEE of California (for herself, Mr. KUCINICH, Mr. RANGEL, Ms. EDDIE

BERNICE JOHNSON of Texas, Mr. FATTAH, Ms. CORRINE BROWN of 

Florida, Mr. PAYNE, Ms. SCHAKOWSKY, and Mr. HONDA) 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’E ́tat in the Republic of Haiti. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ESTABLISHMENT OF COMMISSION. 

4 There is established in the legislative branch the 

5 Independent Commission on the 2004 Coup d’E ́tat in the 

6 Republic of Haiti (in this Act referred to as the ‘‘Commis7 sion’’). 


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1 SEC. 2. DUTIES. 

2 (a) DUTIES.—The Commission shall examine and 

3 evaluate the role of the United States Government in the 

4 February 2004 coup d’e ́tat in the Republic of Haiti. In 

5 carrying out the preceding sentence, the Commission shall 

6 examine and evaluate the following: 

7 (1) The extent to which the United States Gov8 ernment impeded the democratic process in Haiti, 

9 including the extent to which actions and policies of 

10 the United States Government contributed to the 

11 overthrow of the democratically-elected Government 

12 of Haiti. 

13 (2) The circumstances under which Haitian 

14 President Jean-Bertrand Aristide resigned his office 

15 and went into exile in the Central African Republic, 

16 including the role of the United States Government 

17 in such resignation and exile. 

18 (3) In the events leading up to the coup d’e ́tat, 

19 the extent to which the United States Government 

20 fulfilled its obligations under article 17 of the Orga21 nization of American States (OAS) Inter-American 

22 Democratic Charter requiring that each OAS mem23 ber country come to the aid of another OAS govern24 ment under attack. 

25 (4) The extent to which the United States Gov26 ernment impeded efforts by the international comVerDate Nov 24 2008 22:53 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H331.IH H331

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1 munity, particularly efforts by Caribbean Commu2 nity (CARICOM) countries, to prevent the overthrow 

3 of the democratically-elected Government of Haiti. 

4 (5) The role of the United States Government 

5 in influencing decisions regarding Haiti at the 

6 United Nations Security Council and in discussions 

7 between Haiti and other countries that were willing 

8 to assist in the preservation of the democratically9 elected Government of Haiti by sending security 

10 forces to Haiti. 

11 (6) The extent to which United States assist12 ance was provided or United States personnel were 

13 used to support, directly or indirectly, the forces op14 posed to the government of President Aristide, in15 cluding the extent to which United States bilateral 

16 assistance was channeled through nongovernmental 

17 organizations that were directly or indirectly associ18 ated with political groups actively involved in fo19 menting hostilities or violence toward the govern20 ment of President Aristide. 

21 (7) The involvement of the Central Intelligence 

22 Agency, directly or indirectly, in operations that con23 tributed to the overthrow of the democratically-elect24 ed Government of Haiti. 


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1 (8) The impact of the International Republican 

2 Institute, the National Democratic Institute for 

3 International Affairs, and other organizations fund4 ed by the United States Agency for International 

5 Development on the political process in Haiti. 

6 (9) The political and economic impact on Haiti 

7 of the decision by the United States Government to 

8 discontinue all United States bilateral assistance to 

9 Haiti and United States efforts to block loans and 

10 support for Haiti from international financial insti11 tutions. 

12 (10) The broader implications for Haiti and the 

13 Caribbean region of the events culminating in the 

14 coup d’e ́tat. 

15 (b) SCOPE OF DUTIES.—In carrying out the duties 

16 described in subsection (a), the Commission may examine 

17 the actions and representations of the current Administra18 tion as well as prior Administrations. 

19 SEC. 3. COMPOSITION OF COMMISSION. 

20 (a) MEMBERS.—The Commission shall be composed 

21 of 10 members, of whom— 

22 (1) 3 members shall be appointed by the major23 ity leader of the Senate; 

24 (2) 2 members shall be appointed by the Speak25 er of the House of Representatives; 


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1 (3) 2 members shall be appointed by the minor2 ity leader of the Senate; and 

3 (4) 3 members shall be appointed by the minor4 ity leader of the House of Representatives. 

5 (b) QUALIFICATION REQUIREMENT; DEADLINE FOR

6 APPOINTMENT; MEETINGS.— 

7 (1) NONGOVERNMENTAL APPOINTEES.—An in8 dividual appointed to the Commission may not be an 

9 officer or employee of the Federal Government or 

10 any State or local government. 

11 (2) DEADLINE FOR APPOINTMENT.—All mem12 bers of the Commission shall be appointed not later 

13 than 45 days after the date of the enactment of this 

14 Act. 

15 (3) MEETINGS.—The Commission shall meet at 

16 the call of the Chairperson or a majority of its mem17 bers. 

18 (c) CHAIRPERSON; VICE CHAIRPERSON.—The Chair19 person and Vice Chairperson of the Commission shall be 

20 elected by the members of the Commission. 

21 (d) QUORUM; VACANCIES.—Six members of the Com22 mission shall constitute a quorum. Any vacancy in the 

23 Commission shall not affect its powers, but shall be filled 

24 in the same manner in which the original appointment was 

25 made. 


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1 SEC. 4. POWERS OF COMMISSION. 

2 (a) HEARINGS AND SESSIONS.— 

3 (1) IN GENERAL.—The Commission shall, for 

4 the purpose of carrying out this Act, hold public 

5 hearings and meetings to the extent appropriate, sit 

6 and act at times and places, take testimony, and re7 ceive evidence as the Commission considers appro8 priate. 

9 (2) ADDITIONAL REQUIREMENTS.— 

10 (A) PUBLIC HEARINGS.—Any public hear11 ings of the Commission shall be conducted in a 

12 manner consistent with the protection of infor13 mation provided to or developed for or by the 

14 Commission as required by any applicable stat15 ute, regulation, or Executive order. 

16 (B) PUBLIC VERSIONS OF REPORTS.—The 

17 Commission shall release public versions of the 

18 reports required under section 8. 

19 (b) SUBPOENA POWER.— 

20 (1) IN GENERAL.—The Commission may issue 

21 a subpoena to require the attendance and testimony 

22 of witnesses and the production of evidence relating 

23 to any matter under investigation by the Commis24 sion. 

25 (2) FAILURE TO OBEY AN ORDER OR SUB26 POENA.—If a person refuses to obey a subpoena 


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1 issued under paragraph (1), the Commission may 

2 apply to a United States district court for an order 

3 requiring that person to appear before the Commis4 sion to give testimony, produce evidence, or both, re5 lating to the matter under investigation. The appli6 cation may be made within the judicial district 

7 where the hearing is conducted or where that person 

8 is found, resides, or transacts business. Any failure 

9 to obey the order of the court may be punished by 

10 the court as civil contempt. 

11 (3) SERVICE OF SUBPOENAS.—The subpoenas 

12 of the Commission shall be served in the manner 

13 provided for subpoenas issued by a United States 

14 district court under the Federal Rules of Civil Pro15 cedure for the United States district courts. 

16 (c) CONTRACT AUTHORITY.—The Commission may, 

17 to such extent and in such amounts as are provided in 

18 appropriation Acts, enter into contracts to enable the 

19 Commission to discharge its duties of this Act. 

20 (d) INFORMATION FROM FEDERAL AGENCIES.—The 

21 Commission may secure directly from any Federal depart22 ment or agency information necessary to enable it to carry 

23 out this Act. Upon request of the Chairperson of the Com24 mission, the head of that department or agency shall pro25 vide that information to the Commission. 


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1 (e) ASSISTANCE FROM FEDERAL AGENCIES.— 

2 (1) GENERAL SERVICES ADMINISTRATION.— 

3 The Administrator of General Services shall provide 

4 to the Commission on a reimbursable basis adminis5 trative support and other services for the perform6 ance of the Commission’s duties. 

7 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

8 addition to the assistance described in paragraph 

9 (1), departments and agencies of the United States 

10 may provide to the Commission such services, funds, 

11 facilities, staff, and other support services as they 

12 may determine advisable and as may be authorized 

13 by law. 

14 (f) GIFTS.—The Commission may accept, use, and 

15 dispose of gifts or donations of services or property. 

16 (g) POSTAL SERVICES.—The Commission may use 

17 the United States mails in the same manner and under 

18 the same conditions as departments and agencies of the 

19 United States. 

20 SEC. 5. STAFF OF COMMISSION. 

21 (a) APPOINTMENT AND COMPENSATION.—The 

22 Chairperson of the Commission, in consultation with the 

23 Vice Chairperson of the Commission, in accordance with 

24 rules agreed upon by the Commission, may appoint and 

25 fix the compensation of a staff director and such other 


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1 personnel as may be necessary to enable the Commission 

2 to carry out its duties, without regard to the provisions 

3 of title 5, United States Code, governing appointments in 

4 the competitive service, and without regard to the provi5 sions of chapter 51 and subchapter III of chapter 53 of 

6 such Act relating to classification and General Schedule 

7 pay rates, except that no rate of pay fixed under this sub8 section may exceed the equivalent of that payable for a 

9 position at level V of the Executive Schedule under section 

10 5316 of title 5, United States Code. 

11 (b) DETAILEES.—Any Federal Government employee 

12 may be detailed to the Commission without reimbursement 

13 from the Commission, and such detailee shall retain the 

14 rights, status, and privileges of his or her regular employ15 ment without interruption. 

16 (c) CONSULTANT SERVICES.—The Commission is au17 thorized to procure the services of experts and consultants 

18 in accordance with section 3109 of title 5, United States 

19 Code, but at rates not to exceed the daily rate paid a per20 son occupying a position at level IV of the Executive 

21 Schedule under section 5315 of title 5, United States 

22 Code. 

23 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

24 (a) COMPENSATION.—Each member of the Commis25 sion may be compensated at a rate not to exceed the daily 


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1 equivalent of the annual rate of basic pay in effect for 

2 a position at level IV of the Executive Schedule under sec3 tion 5315 of title 5, United States Code, for each day dur4 ing which that member is engaged in the actual perform5 ance of the duties of the Commission. 

6 (b) TRAVEL EXPENSES.—While away from their 

7 homes or regular places of business in the performance 

8 of services for the Commission, members of the Commis9 sion shall be allowed travel expenses, including per diem 

10 in lieu of subsistence, in the same manner as persons em11 ployed intermittently in the Government service are al12 lowed expenses under section 5703 of title 5, United 

13 States Code. 

14 SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEM15 BERS AND STAFF. 

16 (a) IN GENERAL.—Subject to subsection (b), the ap17 propriate Federal agencies or departments shall cooperate 

18 with the Commission in expeditiously providing to the 

19 Commission members and staff appropriate security clear20 ances to the extent possible pursuant to existing proce21 dures and requirements. 

22 (b) EXCEPTION.—No person shall be provided with 

23 access to classified information under this Act without the 

24 appropriate required security clearance access. 


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1 SEC. 8. REPORTS OF COMMISSION; TERMINATION. 

2 (a) INTERIM REPORTS.—The Commission may sub3 mit to Congress and the President interim reports con4 taining such findings, conclusions, and recommendations 

5 for corrective measures as have been agreed to by a major6 ity of Commission members. 

7 (b) FINAL REPORT.—Not later than 18 months after 

8 the date of the enactment of this Act, the Commission 

9 shall submit to Congress and the President a final report 

10 containing such findings, conclusions, and recommenda11 tions for corrective measures as have been agreed to by 

12 a majority of Commission members. 

13 (c) FORM OF REPORT.—Each report prepared under 

14 this section shall be submitted in unclassified form, but 

15 may contain a classified annex. 

16 SEC. 9. TERMINATION. 

17 (a) IN GENERAL.—The Commission, and all the au18 thorities of this Act, shall terminate 60 days after the date 

19 on which the final report is submitted under section 8(b). 

20 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI21 NATION.—The Commission may use the 60-day period re22 ferred to in paragraph (1) for the purpose of concluding 

23 its activities, including providing testimony to committees 

24 of Congress concerning its reports and disseminating the 

25 final report. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $5,000,000 for fiscal year 

4 2010. 

5 (b) AVAILABILITY.—Amounts appropriated pursuant 

6 to the authorization of appropriations under subsection (a) 

7 are authorized to remain available until the date on which 

8 the Commission terminates pursuant to section 9(a). 

Æ 


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