Commission on United States Occupations Act

I 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 A BILL To establish a commission to address the fundamental reper- cussions of a misguided intervention, by the United States on the Dominican Republic between 1916–1924 and 1965–1966, including to study and consider an apol- ogy and proposals for the repair of relations and rec- onciliation with the people of the Dominican Republic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2725 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Commission on United 2 States Occupations Act’’ or the ‘‘La Comisio´n de las 3 ocupaciones norteamericanas Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The United States established diplomatic 7 relations with the Dominican Republic in 1884 fol- 8 lowing its independence. Ever since, the country has 9 witnessed periods of dictatorship, austerity, interven- 10 tions, and political insurrection, along with an in- 11 creasing national debt that led to two occupations by 12 the United States in the Dominican Republic. 13 (2) After the Civil War, much of America’s at- 14 tention turned to rebuilding itself during the Recon- 15 struction Era. For various years, the United States 16 Navy had wanted a naval base in the Caribbean to 17 conduct its naval operations. The Dominican Repub- 18 lic had a suitable bay (the Samana´ Bay). In 1869, 19 President Ulysses S. Grant attempted the annex- 20 ation of Santo Domingo with the promise of even- 21 tual statehood. The annexation treaty failed to reach 22 the two-thirds vote needed (the vote was a tie) in the 23 Senate, falling one vote short and thus preventing 24 the Dominican Republic from becoming a United 25 States Territory. 26 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2725 IH (3) By 1916, the national debt had swollen to 1 well over $30 million, and the United States Govern- 2 ment stepped in to control the various custom 3 houses in the major ports. 4 (4) On May 13, 1916, a contingent of the 5 United States Marine Corps landed and within two 6 months took control of the nation, imposing a mili- 7 tary government under the command of Rear Admi- 8 ral Harry Shepard Knapp, which resulted in eight 9 years of strong United States military presence and 10 of great resentment from Dominican nationals who 11 lost their sovereignty at the hands of United States 12 forces. 13 (5) Upon withdrawal in 1924, by orders of 14 President Warren Harding, the United States came 15 to an agreement with the Dominican Republic which 16 guaranteed customs duties to continue paying off its 17 national long-standing debts. In the same year, when 18 United States forces withdrew, 144 marines were 19 dead and 50 were injured. The Dominicans suffered 20 950 casualties between dead and injured. 21 (6) The occupation sequel had its effect in the 22 years to come, through the rise in power of Rafael 23 Leonidas Trujillo. Trujillo, a member of the Na- 24 tional Guard created in the early 1919 by the 25 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2725 IH United States, and despite being a person of ques- 1 tionable moral character, received support from the 2 United States Government. During his 31 years of 3 dictatorship, Trujillo ruled the Dominican Republic 4 with an iron fist and diverted funds for his army 5 and to suppress internal dissent. 6 (7) The second intervention and occupation of 7 the Dominican Republic by the United States Armed 8 Forces, called ‘‘Operation Power Pack’’, took place 9 between 1965–1966, after a period of political insta- 10 bility and military coup following the assassination 11 of dictator Rafael Leonidas Trujillo in 1961. 12 (8) In 1962, Juan Bosch became the first elect- 13 ed president of the Dominican Republic, after 31 14 years of tyranny. Bosch tried to establish a demo- 15 cratic, secular constitution, but on September 25, 16 1963, a military coup overthrew Bosch and replaced 17 him with a junta led by Donald Reid Cabral. 18 (9) President Lyndon Johnson sent a total of 19 42,000 American troops, supplemented by an Inter- 20 American Peace Force (2,000 troops) to the island 21 to support ‘‘La Junta’’ led by Donald Reid Cabral. 22 Shortly after the 1965 Civil War or ‘‘La Revolucio´n 23 del 65’’, questionable elections were held, and these 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2725 IH resulted in the election of Joaquin Balaguer to the 1 Presidency of the Dominican Republic. 2 (10) Balaguer, a previous member of the Tru- 3 jillo-led government, ruled the Dominican Republic 4 for the following 12 years. This period was charac- 5 terized by turmoil, alleged disappearances, and 6 deaths of hundreds of young political men and social 7 activists. 8 (11) The injustice that flourished in the Domin- 9 ican Republic during this era constituted an immoral 10 and tyrannic regime, depriving its citizens from a 11 free and sovereign government for 12 more years. 12 (12) Upon withdrawal in 1966 when United 13 States forces withdrew, the United States suffered 14 239 casualties, with 27 killed in action, 189 wound- 15 ed in action, and 21 noncombat deaths. The Domini- 16 can Republic suffered over 7,000 (civilians and 17 Armed Forces) casualties, with 4,275 killed in action 18 and 3,000 wounded 19 (13) Approximately 5,225 Dominicans and 192 20 Americans lost their lives during the United States 21 occupations of the Dominican Republic. During 22 these occupations and interventions 239 Americans 23 and over 3,000 Dominicans were injured. 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2725 IH SEC. 3. ESTABLISHMENT AND DUTIES. 1 (a) ESTABLISHMENT.—There is established the Com- 2 mission to Study and Develop Reconciliation Proposals for 3 Dominican Republic (in this Act referred to as the ‘‘Com- 4 mission’’). 5 (b) DUTIES.—The Commission shall perform the fol- 6 lowing duties: 7 (1) Identifying, documenting, examining, com- 8 piling, and synthesizing the relevant corpus of evi- 9 dentiary documentation relating to the United 10 States interest to incorporate the Dominican Repub- 11 lic as United States territory in 1869 in the ‘‘Annex- 12 ation for Santo Domingo Treaty’’. 13 (2) Identifying, documenting, examining, com- 14 piling, and synthesizing the relevant corpus of evi- 15 dentiary documentation relating to the United 16 States military occupations in the Dominican Repub- 17 lic between 1916–1924, including facts related to 18 the following: 19 (A) United States involvement in the Do- 20 minican Republic’s affairs, and its financial and 21 military support to the Trujillo dictatorship. 22 (B) The treatment of the Dominican peo- 23 ple under the Trujillo dictatorship, including 24 violent repression of basic rights and freedoms, 25 with the tacit support of the United States. 26 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2725 IH (C) The lingering negative effects of dicta- 1 torship and the matters described in subpara- 2 graphs (A) and (B) on current Dominican Re- 3 public citizens and society. 4 (3) Identifying, documenting, examining, com- 5 piling, and synthesizing the relevant corpus of evi- 6 dentiary documentation relating to the United 7 States military occupations in the Dominican Repub- 8 lic between 1965–1966, including facts related to 9 the lingering negative effects of Balaguer’s 12 years 10 in power on current Dominican Republic citizens 11 and society. 12 (4) Identifying, documenting, examining, and 13 compiling an accurate number of casualties, includ- 14 ing deaths and injuries during all United States oc- 15 cupations and interventions in the Dominican Re- 16 public. 17 (5) Identifying, documenting, examining, and 18 compiling accurate cost of damage or destruction of 19 private property during all United States occupa- 20 tions and interventions in the Dominican Republic. 21 (6) Recommending appropriate ways to educate 22 the United States public of the Commission’s find- 23 ings. 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2725 IH (7) Recommending appropriate remedies in con- 1 sideration of the Commission’s findings on the mat- 2 ters described in subparagraphs (A), (B), and (C) of 3 paragraph (2). In making such recommendations, 4 the Commission shall address among other issues, 5 the following questions: 6 (A) How such recommendations comport 7 with international standards of remedy for 8 wrongs and injuries caused by the United 9 States Government, including repair and rec- 10 onciliation efforts, as understood by various rel- 11 evant international protocols, laws, and find- 12 ings. 13 (B) How the United States Government 14 may offer a formal apology on behalf of the 15 people of the United States for the invasions 16 and occupations of the Dominican Republic. 17 (C) How the repercussions resulting from 18 matters described in subparagraphs (A), (B), 19 and (C) of paragraph (2) may be reversed and 20 provide appropriate policies, programs, projects, 21 and recommendations for the purpose of revers- 22 ing the effects of the invasions and occupations. 23 (D) How the role played by the Organiza- 24 tion of American States (OAS) during the 25 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2725 IH 1965–66 United States Occupation in the Do- 1 minican Republic to legitimize the North Amer- 2 ican Intervention of April 28, 1965, may have 3 had tremendous repercussions on current Do- 4 minican Republic citizens and society. 5 (E) How the OAS settled a ‘‘historic griev- 6 ance’’ with the Dominican Republic when its 7 member nations voted to publicly apologize for 8 approving the military occupation of the coun- 9 try during the Revolution of April 1965. 10 (c) REPORT TO CONGRESS.—Not later than 24 11 months after the date of the enactment of this Act, the 12 Commission shall submit to Congress a written report of 13 its findings and recommendations under this section. 14 (d) MEMBERSHIP.— 15 (1) IN GENERAL.— 16 (A) STATED MEMBERS.—The following 17 shall be members of the Commission: 18 (i) The Under Secretary for Western 19 Hemisphere Affairs of the Department of 20 State. 21 (ii) The United States Ambassador to 22 the Dominican Republic. 23 (B) APPOINTED MEMBERS.— 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2725 IH (i) IN GENERAL.—Not later than 90 1 days after the date of the enactment of 2 this Act, the following shall be members of 3 the Commission, appointed as follows: 4 (I) One member shall be ap- 5 pointed by the President of the 6 United States. 7 (II) Two members shall be ap- 8 pointed by the Speaker of the House 9 of Representatives, in consultation 10 with the minority leader. 11 (III) Two members shall be ap- 12 pointed by the majority leader of the 13 Senate, in consultation with the mi- 14 nority leader. 15 (ii) UNDER INTERNATIONAL CO- 16 OPERATION.—The President shall seek to 17 negotiate with the Dominican Republic to 18 seek, to the extent practicable, the fol- 19 lowing as members of the Commission: 20 (I) The Dominican Republic Am- 21 bassador to the United States. 22 (II) The Ambassador permanent 23 representative of the Dominican Re- 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2725 IH public to the Organization of Amer- 1 ican States (OAS). 2 (2) QUALIFICATIONS.—All members of the 3 Commission shall be persons who are especially 4 qualified to serve on the Commission by virtue of 5 their education, training, activism, or experience, 6 particularly in the fields of Dominican Republic rela- 7 tions or reparatory justice. 8 (3) TERMS.—The term of office for members 9 shall be for the life of the Commission. A vacancy 10 in the Commission shall not affect the powers of the 11 Commission and shall be filled in the same manner 12 in which the original appointment was made. 13 (4) MEETINGS.—The Commission shall conduct 14 its initial meeting not later than 120 days after the 15 date of the enactment of this Act. The Commission 16 shall establish rules of procedure at such meeting. 17 All meetings of the Commission shall be public. The 18 Commission should meet not less often than once a 19 month, including virtual meetings by either the en- 20 tire Commission or any member thereof. 21 (5) QUORUM.—Seven members of the Commis- 22 sion shall constitute a quorum, but a lesser number 23 may hold hearings. 24 VerDate Sep 11 2014 20:54 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2725.IH H2725 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2725 IH (6) CHAIR AND VICE CHAIR.—The Commission 1 shall elect a Chair and Vice Chair from among its 2 members. The term of office of each shall be for the 3 life of the Commission. 4 (7) COMPENSATION.—Each member of the 5 Commission who is not an officer or employee of the 6 Federal Government shall be compensated at a rate 7 equal to the daily equivalent of the annual rate of 8 basic pay prescribed for level IV of the Executive 9 Schedule under section 5315 of title 5, United 10 States Code, for each day (including travel time) 11 during which such member is engaged in the per- 12 formance of the duties of the Commission. All mem- [Text truncated for display. Full text available on Congress.gov.]