[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2027 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2027

To provide for the reinstatement of democracy in Haiti, the restoration 
    to office of the duly elected President of Haiti, Jean-Bertrand 
 Aristide, the end of human rights abuses against the Haitian people, 
 support for the implementation of the Governors Island Agreement, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 19 (legislative day, April 11), 1994

 Mr. Dodd (for himself, Mr. Harkin, Ms. Moseley-Braun, Mr. Feingold, 
        Mr. Wellstone, and Mr. Kerry) introduced the following bill; 
        which was read twice and referred to the Committee on Foreign 
        Relations

_______________________________________________________________________

                                 A BILL


 
To provide for the reinstatement of democracy in Haiti, the restoration 
    to office of the duly elected President of Haiti, Jean-Bertrand 
 Aristide, the end of human rights abuses against the Haitian people, 
 support for the implementation of the Governors Island Agreement, 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 ``Haitian Restoration of Democracy Act 
of 1994''.

SEC. 2. STATEMENT OF UNITED STATES POLICY.

    It is the policy of the United States to support the restoration of 
democracy in Haiti and the return to office of Jean-Bertrand Aristide, 
the duly elected President of Haiti.

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 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 commitment 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 U.S.T. 3559; T.I.A.S. 6577).

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

    (a) Obligations Outside the United States.--No officer or employee 
of the United States may 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, without the individual's consent, unless the 
President first determines, in a manner that incorporates procedural 
safeguards consistent with internationally endorsed standards and 
guidelines, that such individual is not a refugee.
    (b) Obligations Within the Territorial Waters of Haiti.--No officer 
or employee of the United States may return, cause to be returned, or 
affect the movement in any manner which results in returning, to the 
land territory of Haiti a national or habitual resident of Haiti, who 
is within the territorial waters of Haiti, without the individual's 
consent, unless the President 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.
    (c) Exceptions.--The provisions of this section do not apply to a 
national or habitual resident of Haiti 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) Prohibition on Use of Funds.--No funds available to any 
department, agency, or other entity of the United States Government may 
be used in violation of subsection (a) or (b).
    (e) Refugee Defined.--For purposes of this section, the term 
``refugee'' means a person who--
            (1) is a refugee 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 National Protocol 
        Relating to the Status of Refugees (done at New York, January 
        31, 1967); or
            (2) is designated as a refugee for purposes of Article 33 
        of the Convention Relating to the Status of Refugees.
    (f) Rule of Construction.--Nothing in this section may be 
construed--
            (1) to impose new obligations on the Government of the 
        United States in its treatment of nationals and habitual 
        residents of Haiti at United States diplomatic missions and 
        consular posts in a foreign country; or
            (2) to constitute authority for conducting operations by 
        the United States Government within the territorial waters of 
        Haiti or any other country.

SEC. 7. SANCTIONS AGAINST HAITI.

    (a) Prohibiting Assistance and Certain Other Transactions Involving 
Haiti.--(1) The following are prohibited:
            (A) 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) The importation 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.
            (C) The exportation to Haiti of any goods, technology 
        (including technical data or other information), or services 
        from the United States, except publications, food, medicine, 
        medical supplies, and donations of articles intended to relieve 
        human suffering such as clothing and temporary housing.
            (D) The purchase by any United States person of any goods 
        for export from Haiti to any country.
            (E) The performance by any United States person of any 
        contract in support of an industrial or other commercial or 
        governmental project in Haiti.
    (2) Compliance with the export sanctions of this subsection shall 
be carried out in accordance with section 12 of the Export 
Administration Act of 1979 and a violation of any such section shall be 
considered to be a violation of such Act for purposes of section 11 of 
such Act (relating to the imposition of criminal and civil penalties).
    (b) Prohibition of Certain Air Transport Involving Haiti.--The 
following are 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 1958 of any 
        transportation by air which includes any stop in Haiti.
    (c) Sanctions Against Other Countries.--(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 Permanent Representative 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 
terminate 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.
    (f) Definition.--For purposes of this section, the term ``United 
States person'' means any United States resident or national (other 
than an individual resident outside the United States and employed by 
other than a United States person), any domestic concern (including any 
permanent domestic establishment of any foreign concern), and any 
foreign subsidiary or affiliate (including any permanent foreign 
establishment) of any domestic concern which is controlled in fact by 
such domestic concern, as determined under regulations of the 
President.

SEC. 8. TEMPORARY PROTECTED STATUS FOR HAITIANS.

    (a) In General.--Haiti shall be deemed to be a designated foreign 
state for purposes of section 244A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(b)), subject to the provisions of this 
section.
    (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 9(b) or 
        10(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 in accordance with section 244A(a)(1) of the Immigration and 
Nationality Act to the extent that such section is not inconsistent 
with this section.
    (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 shall 
not apply with respect to the designation pursuant to subsection (a) of 
this section.

SEC. 9. 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 
        Security Council Resolutions 841 and 843 (1993), 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. 10. 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 
        Security Council Resolutions 841 and 843 (1993), the Governors 
        Island Agreement, or the activities of the United Nations 
        mission in Haiti.
    (c) Period of Blocked Assets.--The period of blocked assets 
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.

SEC. 11. DEFINITION.

    For purposes of this Act, the term ``Governors Island Agreement'' 
refers to the Agreement of Governors Island between the President of 
the Republic of Haiti and the Commander-in-Chief of the Armed Forces of 
Haiti, signed July 3, 1993.

                                 <all>