[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4114 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4114

 To provide for sanctions against Haiti, to halt the interdiction and 
          return of Haitian refugees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1994

   Mr. Dellums (for himself, Mr. Payne of New Jersey, Mr. Owens, Mr. 
Rangel, Mr. Mfume, Mr. Franks of Connecticut, Ms. Brown of Florida, Mr. 
Conyers, Ms. Eddie Bernice Johnson of Texas, Mrs. Meek, Mr. Bishop, Mr. 
    Blackwell, Mr. Clay, Mrs. Clayton, Mr. Clyburn, Miss Collins of 
Michigan, Mrs. Collins of Illinois, Mr. Dixon, Mr. Fields of Louisiana, 
   Mr. Flake, Mr. Ford of Tennessee, Mr. Hilliard, Mr. Hastings, Mr. 
    Jefferson, Mr. Lewis of Georgia, Ms. McKinney, Ms. Norton, Mr. 
Reynolds, Mr. Rush, Mr. Scott, Mr. Stokes, Mr. Thompson of Mississippi, 
Mr. Towns, Mr. Tucker, Mr. Washington, Ms. Waters, Mr. Watt, Mr. Wheat, 
and Mr. Wynn) introduced the following bill; which was referred jointly 
to the Committees on Ways and Means, Foreign Affairs, Public Works and 
 Transportation, the Judiciary, and Banking, Finance and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for sanctions against Haiti, to halt the interdiction and 
          return of Haitian refugees, 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 ``Governors Island Reinforcement Act 
of 1994''.

SEC. 2. SANCTIONS AGAINST HAITI.

    (a) Prohibiting Trade and Certain Transactions Involving Haiti.--
The following are prohibited:
            (1) The import into the United States of any goods or 
        services of Haitian origin, other than publications and 
        material imported for news publications or news broadcast 
        dissemination.
            (2) The export to Haiti of any goods, technology (including 
        technical data or other information) or services from the 
        United States, except publications, food, medicine, and medical 
        supplies and donations of articles intended to relieve human 
        suffering, such as clothing and temporary housing.
            (3) The purchase by any United States person of any goods 
        for export from Haiti to any country.
            (4) The performance by any United States person of any 
        contract in support of an industrial or other commercial or 
        governmental project in Haiti.
            (5) The grant or extension of credits or loans by any 
        United States person to the unelected military rulers of Haiti, 
        its instrumentalities and controlled entities.
    (b) Prohibition of Certain Air Transport Involving Haiti.--The 
following is prohibited:
            (1) Any transaction by a United States person relating to 
        air transportation to or from Haiti.
            (2) The provision of transportation to or from the United 
        States by aircraft of Haitian registration.
            (3) The sale in the United States by any person holding 
        authority under the Federal Aviation Act of any transportation 
        by air which includes any stop in Haiti.
    (c) Sanctions Against Other Nations.--
            (1) If the President determines that a foreign country is 
        not cooperating with United States sanctions against Haiti 
        under this Act or with applicable sanctions against Haiti 
        imposed by the United Nations and the Organization of American 
        States, effective 60 days after such determination no United 
        States assistance may be provided to such foreign country.
            (2) If the President makes a determination under paragraph 
        (1)--
                    (A) the President shall impose at least one other 
                penalty or sanction which the President considers to be 
                appropriate under the International Emergency Economic 
                Powers Act; and
                    (B) the President may impose such other sanctions 
                and penalties under the International Emergency 
                Economic Powers Act as the President considers 
                appropriate.
            (3) For the purpose of this subsection, the term ``United 
        States assistance'' means assistance of any kind which is 
        provided by grant, sale, loan, lease, credit, guaranty, or 
        insurance, or by any other means, by any agency or 
        instrumentality of the United States Government, including--
                    (A) assistance under the Foreign Assistance Act of 
                1961; and
                    (B) sales, credits, and guaranties under the Arms 
                Export Control Act.
    (d) Sanctions by Other Countries.--The President shall direct the 
United States Ambassador to the United Nations to assume a leadership 
role within the United Nations Security Council to ensure that 
sanctions against Haiti unilaterally imposed by the United States under 
this Act are adopted by the international community.
    (e) Termination of Sanctions.--The provisions of this section shall 
cease to have effect on the date the President certifies to the 
Congress that the democratically-elected President of Haiti has been 
reinstated and Haiti's military high command has met its obligations 
under the Governors Island Agreement.

SEC. 3. CONGRESSIONAL STATEMENT.

    (a) Human Rights Observers.--The Congress strongly urges the 
President to take such steps as are necessary to facilitate the return 
to Haiti of a full contingent of human rights observers under the 
auspices of the United Nations and/or the Organization of American 
States.
    (b) Multinational Border Patrol.--Subject to the request of the 
democratically-elected President of Haiti Jean-Bertrand Aristide, the 
Congress strongly urges President Clinton to take all available 
measures to effect the deployment of a multinational border patrol 
between the Dominican Republic and Haiti which will be fully equipped 
in terms of personnel and equipment to halt cross-border violations of 
sanctions against Haiti imposed by the United States and other 
countries.
    (c) Multilateral Socioeconomic and Peacekeeping Assistance.--The 
Congress reaffirms the unwavering committment of the United States to 
support multilateral socioeconomic and peacekeeping assistance to Haiti 
upon the return to power of the democratically-elected President of 
Haiti and the removal of Haiti's military high command.

SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, no officer or employee of the United States 
shall attempt, directly or indirectly, to amend, reinterpret, or 
nullify the Governors Island Agreement.
    (b) Exception.--Subsection (a) shall not apply to the October 30, 
1993, deadline for the return to power of the democratically-elected 
President of Haiti, Jean-Bertrand Aristide.

SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT.

    The President shall notify the Government of Haiti immediately of 
the intention of the United States Government to terminate the 
agreement between the United States and Haiti relating to migrant 
interdiction (effected by the exchange of notes signed at Port-au-
Prince on September 23, 1981; 33 UST 3559, TIAS 6577).

SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT 
              WITH RESPECT TO HAITI.

    (a) Obligations Outside the United States.--The United States 
Government shall not return, cause to be returned, or affect the 
movement in any manner which results in returning, to Haiti a national 
or habitual resident of Haiti, who is outside the territorial 
boundaries of Haiti, and no funds may be expended with respect to any 
such return, unless the United States Government first determines in a 
manner that incorporates procedural safeguards consistent with 
internationally endorsed standards and guidelines that such individual 
is not a refugee of Haiti under Article 1 of the Convention Relating to 
the Status of Refugees (done at Geneva July 28, 1951) as applied under 
Article I of the United Nations Protocol Relating to the Status of 
Refugees (done at New York, January 31, 1967) or a person designated 
under Article 33 of the Convention Relating to the Status of Refugees.
    (b) Obligations Within the Territorial Waters of Haiti.--The United 
States Government shall not return, cause to be returned, or affect the 
movement in any manner which results in returning, to Haiti a national 
or habitual resident of Haiti, who is within the territorial waters of 
Haiti, and no funds may be expended with respect to any such return, 
unless the United States Government first determines in a manner that 
incorporates procedural safeguards consistent with internationally 
endorsed standards and guidelines that if that individual were outside 
the territorial boundaries of Haiti such individual would not be a 
refugee of Haiti under Article I of the Convention Relating to the 
Status of Refugees (done at Geneva, July 28, 1951) as applied under 
Article I of the United National Protocol Relating to the Status of 
Refugees (done at New York, January 31, 1967) or a person designated 
under Article 33 of the Convention Relating to the Status of Refugees. 
This subsection shall not constitute authority for conducting 
operations by the United States Government within the territorial 
waters of Haiti or any other country.
    (c) Limitations.--The provisions of this section do not apply to an 
individual if--
            (1) such individual ordered, incited, assisted, or 
        otherwise participated in the persecution of any person on 
        account of race, religion, nationality, membership in a 
        particular social group or political opinion; or
            (2) such individual, having been convicted by a final 
        judgment of an aggravated felony (as defined in section 
        101(a)(43) of the Immigration and Nationality Act), constitutes 
        a danger to the community of the United States.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to impose new obligations on the Government of the United 
States in its treatment of nationals and habitual residents of a 
country at United States diplomatic and consular missions in that 
country.

SEC. 7. TEMPORARY PROTECTED STATUS FOR HAITIANS.

    (a) Designation.--During the period specified in subsection (c) of 
this section, Haiti is hereby designated under section 244A(b)(1) of 
the Immigration and Nationality Act (relating to temporary protected 
status).
    (b) Eligible Haitians.--Any alien--
            (1) who is a national of Haiti and is present in the United 
        States or in the custody or control of the United States 
        (including Guantanamo Bay, Cuba, and any other vessel or 
        facility of the United States Government) at any time during 
        the period described in subsection (c) of this section,
            (2) who is not an alien designated under section 8(b) or 
        9(b) of this Act,
            (3) who meets the requirements of section 
        244A(c)(1)(A)(iii) of the Immigration and Nationality Act, and
            (4) who, during the period described in subsection (c) of 
        this section, registers for temporary protected status to the 
        extent and in a manner which the Attorney General establishes,
shall be granted temporary protected status for the duration of that 
period and section 244A(a)(1) of the Immigration and Nationality Act 
shall apply with respect to such alien.
    (c) Period of Designation.--The designation pursuant to subsection 
(a) shall be in effect during the period beginning on the date of 
enactment of this Act and ending on the date on which the President 
certifies to the Congress that the democratically-elected President of 
Haiti has been reinstated and Haiti's military high command has met its 
obligations under the Governors Island Agreement. Subsections (b)(2) 
and (b)(3) of section 244A of the Immigration and Nationality Act do 
not apply with respect to the designation pursuant to subsection (a) of 
this section.

SEC. 8. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM 
              ADMISSION.

    (a) Exclusion.--During the period specified in subsection (c), an 
alien designated under subsection (b) shall be ineligible to receive 
any visa and shall be excluded from admission into the United States.
    (b) Designated Alien.--An alien designated under this subsection is 
any alien who--
            (1) is a national of Haiti; and
            (2)(A) is a member of the Haitian military;
            (B) provided financial or other material support for, or 
        directly assisted, the military coup of September 30, 1991, 
        which overthrew the democratically-elected Haitian Government 
        of President Jean-Bertrand Aristide;
            (C) provided financial or other material support for, or 
        directly participated in, terrorist acts against the Haitian 
        people during any period after such coup; or
            (D) contributed to the obstruction of United Nations 
        resolutions 841 and 843, the Governors Island Agreement, or the 
        activities of the United Nations Mission in Haiti.
    (c) Period of Exclusion.--The period of exclusion specified in this 
subsection begins on the date of the enactment of this Act and ends on 
the date on which the President certifies to the Congress that the 
democratically-elected President of Haiti has been reinstated and 
Haiti's military high command has met its obligations under the 
Governors Island Agreement.

SEC. 9. BLOCKING OF ASSETS OF CERTAIN HAITIANS.

    (a) Blocking of Assets.--During the period specified in subsection 
(c), all property and interests in property of aliens designated under 
subsection (b) that are in the United States, that hereafter come 
within the United States, or that are or hereafter come within the 
possession or control of United States persons (including overseas 
branches of United States persons), are blocked.
    (b) Designated Alien.--An alien designated under this subsection is 
any alien who--
            (1) is a national of Haiti; and
            (2)(A) is a member of the Haitian military;
            (B) provided financial or other material support for, or 
        directly assisted, the military coup of September 30, 1991, 
        which overthrew the democratically-elected Haitian Government 
        of President Jean-Bertrand Aristide;
            (C) provided financial or other material support for, or 
        directly participated in, terrorist acts against the Haitian 
        people during any period after such coup; or
            (D) contributed to the obstruction of United Nations 
        resolutions 841 and 843, the Governors Island Agreement, or the 
        activities of the United Nations Mission in Haiti.
    (c) Period of Exclusion.--The period of exclusion specified in 
subsection (a) begins on the date of the enactment of this Act and ends 
on the date on which the President certifies to the Congress that the 
democratically-elected President of Haiti has been reinstated and 
Haiti's military high command has met its obligations under the 
Governors Island Agreement.

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