La Comisión de las ocupaciones norteamericanas Act
Bill: H.R.2725 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: International Affairs

Summary:
Commission on United States Occupations Act or the La Comisión de las ocupaciones norteamericanas Act
This bill establishes the Commission to Study and Develop Reconciliation Proposals for Dominican Republic.
The commission must address specified U.S. actions related to the Dominican Republic (e.g., military occupations and efforts to annex the Dominican Republic) and make recommendations for appropriate remedies, including a formal apology and repair and reconciliation efforts.

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).
                                 <all>