I 
108TH CONGRESS 
2D SESSION 
H. R. 3919
To establish the Independent Commission on the 2004 Coup d’E´tat in the 
Republic of Haiti. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2004
Ms. LEE (for herself, Mr. CONYERS, Mr. RANGEL, Mr. GRIJALVA, Mr. 
THOMPSON of Mississippi, Mr. CUMMINGS, Mr. HINCHEY, Ms. WOOLSEY, 
Mr. OWENS, Mr. GEORGE MILLER of California, Ms. CORRINE BROWN 
of Florida, Ms. SCHAKOWSKY, Ms. SOLIS, Mr. MCGOVERN, Mr. 
SERRANO, Mr. PAYNE, Ms. VELA´ZQUEZ, Ms. ROYBAL-ALLARD, Mrs. 
JONES of Ohio, Ms. WATERS, Mr. FARR, Mrs. NAPOLITANO, and Mrs. 
CHRISTENSEN) 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’E´tat in the Republic of Haiti.
Be it enacted by the Senate and House of Representa-
tives 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’E´tat in the 
Republic of Haiti (in this Act referred to as the ‘‘Commis-
sion’’).
SEC. 2. DUTIES. 
(a) DUTIES.—The Commission shall examine and 
evaluate the role of the United States Government in the 
February 2004 coup d’e´tat 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 Gov-
ernment 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’e´tat, 
the extent to which the United States Government 
fulfilled its obligations under article 17 of the Orga-
nization of American States (OAS) Inter-American 
Democratic Charter requiring that each OAS mem-
ber country come to the aid of another OAS govern-
ment under attack. 
(4) The extent to which the United States Gov-
ernment impeded efforts by the international com-
munity, particularly efforts by Caribbean Commu-
nity (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 assist-
ance was provided or United States personnel were 
used to support, directly or indirectly, the forces op-
posed to the government of President Aristide, in-
cluding the extent to which United States bilateral 
assistance was channeled through nongovernmental 
organizations that were directly or indirectly associ-
ated with political groups actively involved in fo-
menting hostilities or violence toward the govern-
ment of President Aristide. 
(7) The involvement of the Central Intelligence 
Agency, directly or indirectly, in operations that con-
tributed to the overthrow of the democratically-elect-
ed Government of Haiti.
(8) The impact of the International Republican 
Institute, the National Democratic Institute for 
International Affairs, and other organizations fund-
ed 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 insti-
tutions. 
(10) The broader implications for Haiti and the 
Caribbean region of the events culminating in the 
coup d’e´tat. 
(b) SCOPE OF DUTIES.—In carrying out the duties 
described in subsection (a), the Commission may examine 
the actions and representations of the current Administra-
tion 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 major-
ity leader of the Senate; 
(2) 2 members shall be appointed by the Speak-
er of the House of Representatives;
(3) 2 members shall be appointed by the minor-
ity leader of the Senate; and 
(4) 3 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) QUALIFICATION REQUIREMENT; DEADLINE FOR 
APPOINTMENT; MEETINGS.—
(1) NONGOVERNMENTAL APPOINTEES.—An in-
dividual 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 mem-
bers 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 mem-
bers. 
(c) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of the Commission shall be 
elected by the members of the Commission. 
(d) QUORUM; VACANCIES.—6 members of the Com-
mission 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 re-
ceive evidence as the Commission considers appro-
priate. 
(2) ADDITIONAL REQUIREMENTS.—
(A) PUBLIC HEARINGS.—Any public hear-
ings of the Commission shall be conducted in a 
manner consistent with the protection of infor-
mation provided to or developed for or by the 
Commission as required by any applicable stat-
ute, 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 Commis-
sion. 
(2) FAILURE
TO
OBEY
AN
ORDER
OR
SUB-
POENA.—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 Commis-
sion to give testimony, produce evidence, or both, re-
lating to the matter under investigation. The appli-
cation 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 Pro-
cedure 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 depart-
ment or agency information necessary to enable it to carry 
out this Act. Upon request of the Chairperson of the Com-
mission, the head of that department or agency shall pro-
vide 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 adminis-
trative support and other services for the perform-
ance 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 provi-
sions 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 sub-
section 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 employ-
ment without interruption. 
(c) CONSULTANT SERVICES.—The Commission is au-
thorized 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 per-
son 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 Commis-
sion 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 sec-
tion 5315 of title 5, United States Code, for each day dur-
ing which that member is engaged in the actual perform-
ance 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 Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code. 
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
(a) IN GENERAL.—Subject to subsection (b), the ap-
propriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the 
Commission members and staff appropriate security clear-
ances to the extent possible pursuant to existing proce-
dures 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 sub-
mit to Congress and the President interim reports con-
taining such findings, conclusions, and recommendations 
for corrective measures as have been agreed to by a major-
ity 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 recommenda-
tions 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 au-
thorities 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 TERMI-
NATION.—The Commission may use the 60-day period re-
ferred 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 appro-
priated to carry out this Act $5,000,000 for fiscal year 
2005. 
(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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