[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2347 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2347

To seek international sanctions against the Castro government in Cuba, 
      to plan for support of a transition government leading to a 
   democratically elected government in Cuba, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 1995

Mr. Burton of Indiana introduced the following bill; which was referred 
  to the Committee on International Relations, and in addition to the 
   Committees on Ways and Means, Banking and Financial Services, the 
Judiciary, and Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To seek international sanctions against the Castro government in Cuba, 
      to plan for support of a transition government leading to a 
   democratically elected government in Cuba, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
        TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT

Sec. 101. Statement of policy.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition against indirect financing of the Castro 
                            dictatorship.
Sec. 104. United States opposition to Cuban membership in international 
                            financial institutions.
Sec. 105. United States opposition to ending the suspension of the 
                            Government of Cuba from the Organization of 
                            American States.
Sec. 106. Assistance by the Independent States of the former Soviet 
                            Union for the Cuban Government.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on assistance and commerce received by Cuba from 
                            other foreign countries.
Sec. 109. Authorization of support for democratic and human rights 
                            groups and international observers.
Sec. 110. Withholding of foreign assistance from countries supporting 
                            nuclear plant in Cuba.
Sec. 111. Expulsion of criminals from Cuba.
          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a democratically 
                            elected government in Cuba.
Sec. 202. Assistance for the Cuban people.
Sec. 203. Coordination of assistance program; implementation and 
                            reports to Congress; reprogramming.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements for a transition government.
Sec. 206. Requirements for a democratically elected government.
  TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS 
           AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME

Sec. 301. Statement of policy.
Sec. 302. Liability for trafficking in property confiscated from United 
                            States nationals.
Sec. 303. Determination of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission 
                            certification procedure.
                 TITLE IV--EXCLUSION OF CERTAIN ALIENS

Sec. 401. Exclusion from the United States of aliens who have 
                            confiscated property of United States 
                            nationals or who traffic in such property.
SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economy of Cuba has experienced a decline of at 
        least 60 percent in the last 5 years as a result of--
                    (A) the end of its subsidization by the former 
                Soviet Union of between 5 billion and 6 billion dollars 
                annually;
                    (B) 36 years of Communist tyranny and economic 
                mismanagement by the Castro government;
                    (C) the extreme decline in trade between Cuba and 
                the countries of the former Soviet bloc; and
                    (D) the stated policy of the Russian Government and 
                the countries of the former Soviet bloc to conduct 
                economic relations with Cuba on strictly commercial 
                terms.
            (2) At the same time, the welfare and health of the Cuban 
        people have substantially deteriorated as a result of this 
        economic decline and the refusal of the Castro regime to permit 
        free and fair democratic elections in Cuba.
            (3) The Castro regime has made it abundantly clear that it 
        will not engage in any substantive political reforms that would 
        lead to democracy, a market economy, or an economic recovery.
            (4) The repression of the Cuban people, including a ban on 
        free and fair democratic elections, and continuing violations 
        of fundamental human rights have isolated the Cuban regime as 
        the only completely nondemocratic government in the Western 
        Hemisphere.
            (5) As long as free elections are not held in Cuba, the 
        economic condition of the country and the welfare of the Cuban 
        people will not improve in any significant way.
            (6) The totalitarian nature of the Castro regime has 
        deprived the Cuban people of any peaceful means to improve 
        their condition and has led thousands of Cuban citizens to risk 
        or lose their lives in dangerous attempts to escape from Cuba 
        to freedom.
            (7) Radio Marti and Television Marti have both been 
        effective vehicles for providing the people of Cuba with news 
        and information and have helped to bolster the morale of the 
        people of Cuba living under tyranny.
            (8) The consistent policy of the United States towards Cuba 
        since the beginning of the Castro regime, carried out by both 
        Democratic and Republican administrations, has sought to keep 
        faith with the people of Cuba, and has been effective in 
        sanctioning the totalitarian Castro regime.
            (9) The United States has shown a deep commitment, and 
        considers it a moral obligation, to promote and protect human 
        rights and fundamental freedoms as expressed in the Charter of 
        the United Nations and in the Universal Declaration of Human 
        Rights.
            (10) The Congress has historically and consistently 
        manifested its solidarity and the solidarity of the American 
        people with the democratic aspirations of the Cuban people.
            (11) The Cuban Democracy Act of 1992 calls upon the 
        President to encourage the governments of countries that 
        conduct trade with Cuba to restrict their trade and credit 
        relations with Cuba in a manner consistent with the purposes of 
        that Act.
            (12) The 1992 FREEDOM Support Act requires that the 
        President, in providing economic assistance to Russia and the 
        emerging Eurasian democracies, take into account the extent to 
        which they are acting to ``terminate support for the communist 
        regime in Cuba, including removal of troops, closing military 
        facilities, and ceasing trade subsidies and economic, nuclear, 
        and other assistance''.
            (13) The Cuban Government engages in the illegal 
        international narcotics trade and harbors fugitives from 
        justice in the United States.
            (14) The Castro government threatens international peace 
        and security by engaging in acts of armed subversion and 
        terrorism such as the training and supplying of groups 
        dedicated to international violence.
            (15) The Castro government has utilized from its inception 
        and continues to utilize torture in various forms (including by 
        psychiatry), as well as execution, exile, confiscation, 
        political imprisonment, and other forms of terror and 
        repression, as means of retaining power.
            (16) Fidel Castro has defined democratic pluralism as 
        ``pluralistic garbage'' and continues to make clear that he has 
        no intention of tolerating the democratization of Cuban 
        society.
            (17) The Castro government holds innocent Cubans hostage in 
        Cuba by no fault of the hostages themselves solely because 
        relatives have escaped the country.
            (18) Although a signatory state to the 1928 Inter-American 
        Convention on Asylum and the International Covenant on Civil 
        and Political Rights (which protects the right to leave one's 
        own country), Cuba nevertheless surrounds embassies in its 
        capital by armed forces to thwart the right of its citizens to 
        seek asylum and systematically denies that right to the Cuban 
        people, punishing them by imprisonment for seeking to leave the 
        country and killing them for attempting to do so (as 
        demonstrated in the case of the confirmed murder of over 40 
        men, women, and children who were seeking to leave Cuba on July 
        13, 1994).
            (19) The Castro government continues to utilize blackmail, 
        such as the immigration crisis with which it threatened the 
        United States in the summer of 1994, and other unacceptable and 
        illegal forms of conduct to influence the actions of sovereign 
        states in the Western Hemisphere in violation of the Charter of 
        the Organization of American States and other international 
        agreements and international law.
            (20) The United Nations Commission on Human Rights has 
        repeatedly reported on the unacceptable human rights situation 
        in Cuba and has taken the extraordinary step of appointing a 
        Special Rapporteur.
            (21) The Cuban Government has consistently refused access 
        to the Special Rapporteur and formally expressed its decision 
        not to ``implement so much as one comma'' of the United Nations 
        Resolutions appointing the Rapporteur.
            (22) The United Nations General Assembly passed Resolution 
        1992/70 on December 4, 1992, Resolution 1993/48/142 on December 
        20, 1993, and Resolution 1994/49/544 on October 19, 1994, 
        referencing the Special Rapporteur's reports to the United 
        Nations and condemning ``violations of human rights and 
        fundamental freedoms'' in Cuba.
            (23) Article 39 of Chapter VII of the United Nations 
        Charter provides that the United Nations Security Council 
        ``shall determine the existence of any threat to the peace, 
        breach of the peace, or act of aggression and shall make 
        recommendations, or decide what measures shall be taken . . ., 
        to maintain or restore international peace and security.''.
            (24) The United Nations has determined that massive and 
        systematic violations of human rights may constitute a ``threat 
        to peace'' under Article 39 and has imposed sanctions due to 
        such violations of human rights in the cases of Rhodesia, South 
        Africa, Iraq, and the former Yugoslavia.
            (25) In the case of Haiti, a neighbor of Cuba not as close 
        to the United States as Cuba, the United States led an effort 
        to obtain and did obtain a United Nations Security Council 
        embargo and blockade against that country due to the existence 
        of a military dictatorship in power less than 3 years.
            (26) United Nations Security Council Resolution 940 of July 
        31, 1994, subsequently authorized the use of ``all necessary 
        means'' to restore the ``democratically elected government of 
        Haiti'', and the democratically elected government of Haiti was 
        restored to power on October 15, 1994.
            (27) The Cuban people deserve to be assisted in a decisive 
        manner to end the tyranny that has oppressed them for 36 years 
        and the continued failure to do so constitutes ethically 
        improper conduct by the international community.
            (28) For the past 36 years, the Cuban Government has posed 
        and continues to pose a national security threat to the United 
        States.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To assist the Cuban people in regaining their freedom 
        and prosperity, as well as in joining the community of 
        democracies that are flourishing in the Western Hemisphere.
            (2) To seek international sanctions against the Castro 
        government in Cuba.
            (3) To encourage the holding of free and fair democratic 
        elections in Cuba, conducted under the supervision of 
        internationally recognized observers.
            (4) To develop a plan for furnishing assistance to a 
        transition government and, subsequently, to a democratically 
        elected government when such governments meet the eligibility 
        requirements of this Act.
            (5) To protect property rights abroad of United States 
        nationals.
            (6) To provide for the continued national security of the 
        United States in the face of continuing threats from the Castro 
        government of terrorism, theft of property from United States 
        nationals, and domestic repression from which refugees flee to 
        United States shores.

SEC. 4. DEFINITIONS.

    As used in this Act, the following terms have the following 
meanings:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations, the Committee on Ways and Means, and 
        the Committee on Appropriations of the House of Representatives 
        and the Committee on Foreign Relations, the Committee on 
        Finance, and the Committee on Appropriations of the Senate.
            (2) Commercial activity.--The term ``commercial activity'' 
        has the meaning given that term in section 1603(d) of title 28, 
        United States Code.
            (3) Confiscated.--As used in titles I and III, the term 
        ``confiscated'' refers to--
                    (A) the nationalization, expropriation, or other 
                seizure by the Cuban Government of ownership or control 
                of property, on or after January 1, 1959--
                            (i) without the property having been 
                        returned or adequate and effective compensation 
                        provided; or
                            (ii) without the claim to the property 
                        having been settled pursuant to an 
                        international claims settlement agreement or 
                        other mutually accepted settlement procedure; 
                        and
                    (B) the repudiation by the Cuban Government of, the 
                default by the Cuban Government
                 on, or the failure by the Cuban Government to pay, on 
or after January 1, 1959--
                            (i) a debt of any enterprise which has been 
                        nationalized, expropriated, or otherwise taken 
                        by the Cuban Government;
                            (ii) a debt which is a charge on property 
                        nationalized, expropriated, or otherwise taken 
                        by the Cuban Government; or
                            (iii) a debt which was incurred by the 
                        Cuban Government in satisfaction or settlement 
                        of a confiscated property claim.
            (4) Cuban government.--(A) The term ``Cuban Government'' 
        includes the government of any political subdivision of Cuba, 
        and any agency or instrumentality of the Government of Cuba.
            (B) For purposes of subparagraph (A), the term ``agency or 
        instrumentality of the Government of Cuba'' means an agency or 
        instrumentality of a foreign state as defined in section 
        1603(b) of title 28, United States Code, with ``Cuba'' 
        substituted for ``a foreign state'' each place it appears in 
        such section.
            (5) Democratically elected government in cuba.--The term 
        ``democratically elected government in Cuba'' means a 
        government determined by the President to have met the 
        requirements of section 206.
            (6) Economic embargo of cuba.--The term ``economic embargo 
        of Cuba'' refers to the economic embargo imposed against Cuba 
        pursuant to section 620(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the 
        Enemy Act (50 U.S.C. App. 5(b)), the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 and following), and the 
        Export Administration Act of 1979 (50 U.S.C. App. 2401 and 
        following), as modified by the Cuban Democracy Act of 1992 (22 
        U.S.C. 6001 and following).
            (7) Foreign national.--The term ``foreign national'' 
        means--
                    (A) an alien; or
                    (B) any corporation, trust, partnership, or other 
                juridical entity not organized under the laws of the 
                United States, or of any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, or any other 
                territory or possession of the United States.
            (8) Knowingly.--The term ``knowingly'' means with knowledge 
        or having reason to know.
            (9) Property.--(A) The term ``property'' means any property 
        (including patents, copyrights, trademarks, and any other form 
        of intellectual property), whether real, personal, or mixed, 
        and any present, future, or contingent right, security, or 
        other interest therein, including any leasehold interest.
            (B) For purposes of title III of this Act, the term 
        ``property'' shall not include real property used for 
        residential purposes unless, as of the date of the enactment of 
        this Act--
                    (i) the claim to the property is owned by a United 
                States national and the claim has been certified under 
                title V of the International Claims Settlement Act of 
                1949; or
                    (ii) the property is occupied by a member or 
                official of the Cuban Government or the ruling 
                political party in Cuba.
            (10) Traffics.--(A) As used in title III, a person or 
        entity ``traffics'' in property if that person or entity 
        knowingly and intentionally--
                    (i) sells, transfers, distributes, dispenses, 
                brokers, manages, or otherwise disposes of confiscated 
                property, or purchases, leases, receives, possesses, 
                obtains control of, manages, uses, or otherwise 
                acquires or holds an interest in confiscated property,
                    (ii) engages in a commercial activity using or 
                otherwise benefiting from confiscated property, or
                    (iii) causes, directs, participates in, or profits 
                from, trafficking (as described in clauses (i) and 
                (ii)) by another person, or otherwise engages in 
                trafficking (as described in clauses (i) and (ii)) 
                through another person,
        without the authorization of the United States national who 
        holds a claim to the property.
            (B) The term ``traffics'' does not include--
                    (i) the delivery of international telecommunication 
                signals to Cuba that are authorized by section 1705(e) 
                of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); 
                or
                    (ii) the trading or holding of securities publicly 
                traded or held, unless the trading is with or by a 
                person determined by the Secretary of the Treasury to 
                be a specially designated national.
            (11) Transition government in cuba.--The term ``transition 
        government in Cuba'' means a government determined by the 
        President to have met the requirements of section 205.
            (12) United states national.--The term ``United States 
        national'' means--
                    (A) any United States citizen; or
                    (B) any other legal entity which is organized under 
                the laws of the United States, or of any State, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                or any other territory or possession of the United 
                States, and which has its principal place of business 
                in the United States.

        TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT

SEC. 101. STATEMENT OF POLICY.

    It is the sense of the Congress that--
            (1) the acts of the Castro government, including its 
        massive, systematic, and extraordinary violations of human 
        rights, are a threat to international peace;
            (2) the President should advocate, and should instruct the 
        United States Permanent Representative to the United Nations to 
        propose and seek, within the Security Council, a mandatory 
        international embargo against the totalitarian Cuban Government 
        pursuant to chapter VII of the Charter of the United Nations, 
        which is similar to measures taken by United States 
        representatives with respect to Haiti; and
            (3) any resumption or commencement of efforts by any state 
        to make operational the nuclear facility at Cienfuegos, Cuba, 
        will have a detrimental impact on United States assistance to 
        and relations with that state.

SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Policy.--(1) The Congress hereby reaffirms section 1704(a) of 
the Cuban Democracy Act of 1992 that states the President should 
encourage foreign countries to restrict trade and credit relations with 
Cuba.
    (2) The Congress further urges the President to take immediate 
steps to apply the sanctions described in section 1704(b) of that Act 
against countries assisting Cuba.
    (b) Diplomatic Efforts.--The Secretary of State shall ensure that 
United States diplomatic personnel abroad understand and, in their 
contacts with foreign officials, are communicating the reasons for the 
United States economic embargo of Cuba, and are urging foreign 
governments to cooperate more effectively with the embargo.
    (c) Existing Regulations.--The President should instruct the 
Secretary of the Treasury and the Attorney General to enforce fully the 
Cuban Assets Control Regulations set forth in part 515 of title 31, 
Code of Federal Regulations.
    (d) Trading With the Enemy Act.--
            (1) Civil penalties.--Subsection (b) of section 16 of the 
        Trading With the Enemy Act (50 U.S.C. App. 16(b)) is amended to 
        read as follows:
    ``(b)(1) A civil penalty of not to exceed $50,000 may be imposed by 
the Secretary of the Treasury on any person who violates any license, 
order, rule, or regulation issued in compliance with the provisions of 
this Act.
    ``(2) Any property, funds, securities, papers, or other articles or 
documents, or any vessel, together with its tackle, apparel, furniture, 
and equipment, that is the subject of a violation under paragraph (1) 
shall, at the discretion of the Secretary of the Treasury, be forfeited 
to the United States Government.
    ``(3) The penalties provided under this subsection may not be 
imposed for--
            ``(A) news gathering, research, or the export or import of, 
        or transmission of, information or informational materials; or
            ``(B) clearly defined educational or religious activities, 
        or activities of recognized human rights organizations, that 
        are reasonably limited in frequency, duration, and number of 
        participants.
    ``(4) The penalties provided under this subsection may be imposed 
only on the record after opportunity for an agency hearing in 
accordance with sections 554 through 557 of title 5, United States 
Code, with the right to prehearing discovery.
    ``(5) Judicial review of any penalty imposed under this subsection 
may be had to the extent provided in section 702 of title 5, United 
States Code.''.
            (2) Forfeiture of property used in violation.--Section 16 
        of the Trading With the Enemy Act is further amended by 
        striking subsection (c).
            (3) Clerical amendment.--Section 16 of the Trading With the 
        Enemy Act is further amended by inserting ``Sec. 16.'' before 
        ``(a)''.
    (e) Coverage of Debt-for-Equity Swaps by Economic Embargo of 
Cuba.--Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C. 
6003(b)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) includes an exchange, reduction, or 
                forgiveness of Cuban debt owed to a foreign country in 
                return for a grant of an equity interest in a property, 
                investment, or operation of the Government of Cuba 
                (including the government of any political subdivision 
                of Cuba, and any agency or instrumentality of the 
                Government of Cuba) or of a Cuban national; and''; and
            (4) by adding at the end the following flush sentence:
        ``As used in this paragraph, the term `agency or 
        instrumentality of the Government of Cuba' means an agency or 
        instrumentality of a foreign state as defined in section 
        1603(b) of title 28, United States Code, with `Cuba' 
        substituted for `a foreign state' each place it appears in such 
        section.''.

SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF THE CASTRO 
              DICTATORSHIP.

    (a) Prohibition.--Notwithstanding any other provision of law, no 
loan, credit, or other financing may be extended knowingly by a United 
States national, permanent resident alien, or United States agency, to 
a foreign national, United States national, or permanent resident 
alien, in order to finance transactions involving any confiscated 
property the claim to which is owned by a United States national as of 
the date of the enactment of this Act.
    (b) Termination of Prohibition.--The prohibition of subsection (a) 
shall cease to apply on the date on which the economic embargo of Cuba 
terminates under section 205.
    (c) Penalties.--Violations of subsection (a) shall be punishable by 
the same penalties as are applicable to violations of the Cuban Assets 
Control Regulations set forth in part 515 of title 31, Code of Federal 
Regulations.
    (d) Definitions.--As used in this section--
            (1) the term ``permanent resident alien'' means an alien 
        admitted for permanent residence into the United States; and
            (2) the term ``United States agency'' has the meaning given 
        the term ``agency'' in section 551(1) of title 5, United States 
        Code.
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN INTERNATIONAL 
              FINANCIAL INSTITUTIONS.

    (a) Continued Opposition to Cuban Membership in International 
Financial Institutions.--(1) Except as provided in paragraph (2), the 
Secretary of the Treasury shall instruct the United States executive 
director to each international financial institution to use the voice 
and vote of the United States to oppose the admission of Cuba as a 
member of that institution until the President submits a determination 
under section 203(c)(3) that a democratically elected government in 
Cuba is in power.
    (2) Once the President submits a determination under section 
203(c)(1) that a transition government in Cuba is in power, the 
President is encouraged to take steps to support the processing of 
Cuba's application for membership in any international financial 
institution, subject to the membership taking effect after a 
democratically elected government in Cuba is in power.
    (b) Reduction in United States Payments to International Financial 
Institutions.--If any international financial institution approves a 
loan or other assistance to the Cuban Government over the opposition of 
the United States, then the Secretary of the Treasury shall withhold 
from payment to that institution an amount
 equal to the amount of the loan or other assistance to the Cuban 
Government, with respect to each of the following types of payment:
            (1) The paid-in portion of the increase in capital stock of 
        the institution.
            (2) The callable portion of the increase in capital stock 
        of the institution.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means the International 
Monetary Fund, the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment Guaranty 
Agency, and the Inter-American Development Bank.

SEC. 105. UNITED STATES OPPOSITION TO ENDING THE SUSPENSION OF THE 
              GOVERNMENT OF CUBA FROM THE ORGANIZATION OF AMERICAN 
              STATES.

    The President should instruct the United States Permanent 
Representative to the Organization of American States to use the voice 
and vote of the United States to oppose ending the suspension of the 
Government of Cuba from the Organization until the President determines 
under section 203(c)(3) that a democratically elected government in 
Cuba is in power.
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET 
              UNION FOR THE CUBAN GOVERNMENT.

    (a) Reporting Requirement.--Not later than 90 days after the date 
of the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report detailing progress 
towards the withdrawal of personnel of any independent state of the 
former Soviet Union (within the meaning of section 3 of the FREEDOM 
Support Act (22 U.S.C. 5801)), including advisers, technicians, and 
military personnel, from the Cienfuegos nuclear facility in Cuba.
    (b) Criteria for Assistance.--Section 498A(a)(11) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is amended by striking 
``of military facilities'' and inserting ``military and intelligence 
facilities, including the military and intelligence facilities at 
Lourdes and Cienfuegos''.
    (c) Ineligibility for Assistance.--(1) Section 498A(b) of that Act 
(22 U.S.C. 2295a(b)) is amended--
            (A) by striking ``or'' at the end of paragraph (4);
            (B) by redesignating paragraph (5) as paragraph (6); and
            (C) by inserting after paragraph (4) the following:
            ``(5) for the government of any independent state effective 
        30 days after the President has determined and certified to the 
        appropriate congressional committees (and Congress has not 
        enacted legislation disapproving the determination within that 
        30-day period) that such government is providing assistance 
        for, or engaging in nonmarket based trade (as defined in 
        section 498B(k)(3)) with, the Cuban Government; or''.
    (2) Subsection (k) of section 498B of that Act (22 U.S.C. 
2295b(k)), is amended by adding at the end the following:
            ``(3) Nonmarket based trade.--As used in section 
        498A(b)(5), the term `nonmarket based trade' includes exports, 
        imports, exchanges, or other arrangements that are provided for 
        goods and services (including oil and other petroleum products) 
        on terms more favorable than those generally available in 
        applicable markets or for comparable commodities, including--
                    ``(A) exports to the Cuban Government on terms that 
                involve a grant, concessional price, guaranty, 
                insurance, or subsidy;
                    ``(B) imports from the Cuban Government at 
                preferential tariff rates;
                    ``(C) exchange arrangements that include advance 
                delivery of commodities, arrangements in which the 
                Cuban Government is not held accountable for 
                unfulfilled exchange contracts, and arrangements under 
                which Cuba does not pay appropriate transportation, 
                insurance, or finance costs; and
                    ``(D) the exchange, reduction, or forgiveness of 
                Cuban debt in return for a grant by the Cuban 
                Government of an equity interest in a property, 
                investment, or operation of the Cuban Government or of 
                a Cuban national.
            ``(4) Cuban government.--(A) The term `Cuban Government' 
        includes the government of any political subdivision of Cuba, 
        and any agency or instrumentality of the Government of Cuba.
            ``(B) For purposes of subparagraph (A), the term `agency or 
        instrumentality of the Government of Cuba' means an agency or 
        instrumentality of a foreign state as defined in section 
        1603(b) of title 28, United States Code, with `Cuba' 
        substituted for `a foreign state' each place it appears in such 
        section.''.
    (d) Facilities at Lourdes, Cuba.--(1) The Congress expresses its 
strong disapproval of the extension by Russia of credits equivalent to 
approximately $200,000,000 in support of the intelligence facility at 
Lourdes, Cuba, in November 1994.
    (2) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2295a) is amended by adding at the end the following new subsection:
    ``(d) Reduction in Assistance for Support of Intelligence 
Facilities in Cuba.--(1) Notwithstanding any other provision of law, 
the President shall withhold from assistance provided, on or after the 
date of the enactment of this subsection, for an independent state of 
the former Soviet Union under this chapter an amount equal to the sum 
of assistance and credits, if any, provided on or after such date by 
such state in support of intelligence facilities in Cuba, including the 
intelligence facility at Lourdes, Cuba.
    ``(2)(A) The President may waive the requirement of paragraph (1) 
to withhold assistance if the President certifies to the appropriate 
congressional committees that the provision of such assistance is 
important to the national security of the United States, and, in the 
case of such a certification made with respect to Russia, if the 
President certifies that the Russian Government has assured the United 
States Government that the Russian Government is not sharing 
intelligence data collected at the
 Lourdes facility with officials or agents of the Cuban Government.
    ``(B) At the time of a certification made with respect to Russia 
pursuant to subparagraph (A), the President shall also submit to the 
appropriate congressional committees a report describing the 
intelligence activities of Russia in Cuba, including the purposes for 
which the Lourdes facility is used by the Russian Government and the 
extent to which the Russian Government provides payment or government 
credits to the Cuban Government for the continued use of the Lourdes 
facility.
    ``(C) The report required by subparagraph (B) may be submitted in 
classified form.
    ``(D) For purposes of this paragraph, the term `appropriate 
congressional committees' includes the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate.
    ``(3) The requirement of paragraph (1) to withhold assistance shall 
not apply with respect to--
            ``(A) assistance to meet urgent humanitarian needs, 
        including disaster and refugee relief;
            ``(B) democratic political reform and rule of law 
        activities;
            ``(C) technical assistance for safety upgrades of civilian 
        nuclear power plants;
            ``(D) the creation of private sector and nongovernmental 
        organizations that are independent of government control;
            ``(E) the development of a free market economic system; and
            ``(F) assistance for the purposes described in the 
        Cooperative Threat Reduction Act of 1993 (title XII of Public 
        Law 103-160).''.
SEC. 107. TELEVISION BROADCASTING TO CUBA.

    (a) Conversion to UHF.--The Director of the United States 
Information Agency shall implement a conversion of television 
broadcasting to Cuba under the Television Marti Service to ultra high 
frequency (UHF) broadcasting.
    (b) Periodic Reports.--Not later than 45 days after the date of the 
enactment of this Act, and every three months thereafter until the 
conversion described in subsection (a) is fully implemented, the 
Director of the United States Information Agency shall submit a report 
to the appropriate congressional committees on the progress made in 
carrying out subsection (a).
    (c) Termination of Broadcasting Authorities.--Upon transmittal of a 
determination under section 203(c)(3), the Television Broadcasting to 
Cuba Act (22 U.S.C. 1465aa and following) and the Radio Broadcasting to 
Cuba Act (22 U.S.C. 1465 and following) are repealed.

SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA FROM 
              OTHER FOREIGN COUNTRIES.

    (a) Reports Required.--Not later than 90 days after the date of the 
enactment of this Act, and every year thereafter, the President shall 
submit a report to the appropriate congressional committees on 
assistance and commerce received by Cuba from other foreign countries 
during the preceding 12-month period.
    (b) Contents of Reports.--Each report required by subsection (a) 
shall, for the period covered by the report, contain the following, to 
the extent such information is known:
            (1) A description of all bilateral assistance provided to 
        Cuba by other foreign countries, including humanitarian 
        assistance.
            (2) A description of Cuba's commerce with foreign 
        countries, including an identification of Cuba's trading 
        partners and the extent of such trade.
            (3) A description of the joint ventures completed, or under 
        consideration, by foreign nationals involving facilities in 
        Cuba, including an identification of the location of the 
        facilities involved and a description of the terms of agreement 
        of the joint ventures and the names of the parties that are 
        involved.
            (4) A determination whether or not any of the facilities 
        described in paragraph (3) is the subject of a claim by a 
        United States national.
            (5) A determination of the amount of Cuban debt owed to 
        each foreign country, including--
                    (A) the amount of debt exchanged, forgiven, or 
                reduced under the terms of each investment or operation 
                in Cuba involving foreign nationals; and
                    (B) the amount of debt owed to the foreign country 
                that has been exchanged, reduced, or forgiven in return 
                for a grant by the Cuban Government of an equity 
                interest in a property, investment, or operation of the 
                Cuban Government or of a Cuban national.
            (6) A description of the steps taken to ensure that raw 
        materials and semifinished or finished goods produced by 
        facilities in Cuba involving foreign nationals do not enter the 
        United States market, either directly or through third 
        countries or parties.
            (7) An identification of countries that purchase, or have 
        purchased, arms or military supplies from the Cuban Government 
        or that otherwise have entered into agreements with the Cuban 
        Government that have a military application, including--
                    (A) a description of the military supplies, 
                equipment, or other materiel sold, bartered, or 
                exchanged between the Cuban Government and such 
                countries;
                    (B) a listing of the goods, services, credits, or 
                other consideration received by the Cuban Government in 
                exchange for military supplies, equipment, or materiel; 
                and
                    (C) the terms or conditions of any such agreement.

SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS 
              GROUPS AND INTERNATIONAL OBSERVERS.

    (a) Authorization.--Notwithstanding any other provision of law, 
except for section 634A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2394-1) and comparable notification requirements contained in 
any Act making appropriations for foreign operations, export financing, 
and related programs, the President is authorized to furnish assistance 
and provide other support for
 individuals and independent nongovernmental organizations to support 
democracy-building efforts for Cuba, including the following:
            (1) Published and informational matter, such as books, 
        videos, and cassettes, on transitions to democracy, human 
        rights, and market economies, to be made available to 
        independent democratic groups in Cuba.
            (2) Humanitarian assistance to victims of political 
        repression, and their families.
            (3) Support for democratic and human rights groups in Cuba.
            (4) Support for visits and permanent deployment of 
        independent international human rights monitors in Cuba.
    (b) OAS Emergency Fund.--(1) The President shall take the necessary 
steps to encourage the Organization of American States to create a 
special emergency fund for the explicit purpose of deploying human 
rights observers, election support, and election observation in Cuba.
    (2) The President should instruct the United States Permanent 
Representative to the Organization of American States to encourage 
other member states of the Organization to join in calling for the 
Cuban Government to allow the immediate deployment of independent human 
rights monitors of the Organization throughout Cuba and on-site visits 
to Cuba by the Inter-American Commission on Human Rights.
    (3) Notwithstanding section 307 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2227) or any other provision of law limiting the United 
States proportionate share of assistance to Cuba by any international 
organization, the President should provide not less than $5,000,000 of 
the voluntary contributions of the United States to the Organization of 
American States as of the date of the enactment of this Act solely for 
the purposes of the special fund referred to in paragraph (1).
SEC. 110. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES SUPPORTING 
              NUCLEAR PLANT IN CUBA.

    (a) Findings.--The Congress makes the following findings:
            (1) President Clinton stated in April 1993 that ``the 
        United States opposes the construction of the Juragua nuclear 
        power plant because of our concerns about Cuba's ability to 
        ensure the safe operation of the facility and because of Cuba's 
        refusal to sign the Nuclear Non-Proliferation Treaty or ratify 
        the Treaty of Tlatelolco.''.
            (2) Cuba has not signed the Treaty on the Non-Proliferation 
        of Nuclear Weapons or ratified the Treaty of Tlatelolco, the 
        latter of which establishes Latin America and the Caribbean as 
        a nuclear weapons-free zone.
            (3) The State Department, the Nuclear Regulatory 
        Commission, and the Department of Energy have expressed 
        concerns about the construction and operation of Cuba's nuclear 
        reactors.
            (4) In a September 1992 report to Congress, the General 
        Accounting Office outlined concerns among nuclear energy 
        experts about deficiencies in the nuclear plant project in 
        Juragua, near Cienfuegos, Cuba, including--
                    (A) a lack in Cuba of a nuclear regulatory 
                structure;
                    (B) the absence in Cuba of an adequate 
                infrastructure to ensure the plant's safe operation and 
                requisite maintenance;
                    (C) the inadequacy of training of plant operators;
                    (D) reports by a former technician from Cuba who, 
                by examining with x-rays weld sites believed to be part 
                of the auxiliary plumbing system for the plant, found 
                that 10 to 15 percent of those sites were defective;
                    (E) since September 5, 1992, when construction on 
                the plant was halted, the prolonged exposure to the 
                elements, including corrosive salt water vapor, of the 
                primary reactor components; and
                    (F) the possible inadequacy of the upper portion of 
                the reactors' dome retention capability to withstand 
                only 7 pounds of pressure per square inch, given that 
                normal atmospheric pressure is 32 pounds per square 
                inch and United States reactors are designed to 
                accommodate pressures of 50 pounds per square inch.
            (5) The United States Geological Survey claims that it had 
        difficulty determining answers to specific questions regarding 
        earthquake activity in the area near Cienfuegos because the 
        Cuban Government was not forthcoming with information.
            (6) The Geological Survey has indicated that the Caribbean 
        plate, a geological formation near the south coast of Cuba, may 
        pose seismic risks to Cuba and the site of the power plant, and 
        may produce large to moderate earthquakes.
            (7) On May 25, 1992, the Caribbean plate produced an 
        earthquake numbering 7.0 on the Richter scale.
            (8) According to a study by the National Oceanic and 
        Atmospheric Administration, summer winds could carry 
        radioactive pollutants from a nuclear accident at the power 
        plant throughout all of Florida and parts of the States on the 
        gulf coast as far as Texas, and northern winds could carry the 
        pollutants as far northeast as Virginia and Washington, D.C.
            (9) The Cuban Government, under dictator Fidel Castro, in 
        1962 advocated the Soviets' launching of nuclear missiles to 
        the United States, which represented a direct and dangerous 
        provocation of the United States and brought the world to the 
        brink of a nuclear conflict.
            (10) Fidel Castro over the years has consistently issued 
        threats against the United States Government, most recently 
        that he would unleash another perilous mass migration from Cuba 
        upon the enactment of this Act.
            (11) Despite the various concerns about the plant's safety 
        and operational problems, a feasibility study is being 
        conducted that would establish a support group to include 
        Russia, Cuba, and third countries with the objective of 
        completing and operating the plant.
    (b) Withholding of Foreign Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President shall withhold from assistance allocated, on 
        or after the date of the enactment of this Act, for any country 
        an amount equal to the sum of assistance and credits, if any, 
        provided on or after such date of enactment by that country or 
        any entity in that country in support of the completion of the 
        Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
            (2) Exceptions.--The requirement of paragraph (1) to 
        withhold assistance shall not apply with respect to--
                    (A) assistance to meet urgent humanitarian needs, 
                including disaster and refugee relief;
                    (B) democratic political reform and rule of law 
                activities;
                    (C) the creation of private sector and 
                nongovernmental organizations that are independent of 
                government control;
                    (D) the development of a free market economic 
                system; and
                    (E) assistance for the purposes described in the 
                Cooperative Threat Reduction Act of 1993 (title XII of 
                Public Law 103-160).
            (3) Definition.--As used in paragraph (1), the term 
        ``assistance'' means assistance under the Foreign Assistance 
        Act of 1961, credits, sales, and guarantees of extensions of 
        credit under the Arms Export Control Act, assistance under 
        titles I and III of the Agricultural Trade Development and 
        Assistance Act of 1954, assistance under the FREEDOM Support 
        Act of 1992, and any other program of assistance or credits 
        provided by the United States to other countries under other 
        provisions of law, except that the term ``assistance'' does not 
        include humanitarian assistance, including disaster relief 
        assistance.

SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.

    The President shall instruct all United States Government officials 
who engage in official conduct with the Cuban Government to raise on a 
regular basis the extradition of or rendering to the United States all 
persons residing in Cuba who are sought by the United States Department 
of Justice for crimes committed in the United States.
          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY 
              ELECTED GOVERNMENT IN CUBA.

    The policy of the United States is as follows:
            (1) To support the self-determination of the Cuban people.
            (2) To recognize that the self-determination of the Cuban 
        people is a sovereign and national right of the citizens of 
        Cuba which must be exercised free of interference by the 
        government of any other country.
            (3) To encourage the Cuban people to empower themselves 
        with a government which reflects the self-determination of the 
        Cuban people.
            (4) To recognize the potential for a difficult transition 
        from the current regime in Cuba that may result from the 
        initiatives taken by the Cuban people for self-determination in 
        response to the intransigence of the Castro regime in not 
        allowing any substantive political or economic reforms, and to 
        be prepared to provide the Cuban people with humanitarian, 
        developmental, and other economic assistance.
            (5) In solidarity with the Cuban people, to provide 
        appropriate forms of assistance--
                    (A) to a transition government in Cuba;
                    (B) to facilitate the rapid movement from such a 
                transition government to a democratically elected 
                government in Cuba that results from an expression of 
                the self-determination of the Cuban people; and
                    (C) to support such a democratically elected 
                government.
            (6) Through such assistance, to facilitate a peaceful 
        transition to representative democracy and a market economy in 
        Cuba and to consolidate democracy in Cuba.
            (7) To deliver such assistance to the Cuban people only 
        through a transition government in Cuba, through a 
        democratically elected government in Cuba, through United 
        States Government organizations, or through United States, 
        international, or indigenous nongovernmental organizations.
            (8) To encourage other countries and multilateral 
        organizations to provide similar assistance, and to work 
        cooperatively with such countries and organizations to 
        coordinate such assistance.
            (9) To ensure that appropriate assistance is rapidly 
        provided and distributed to the people of Cuba upon the 
        institution of a transition government in Cuba.
            (10) Not to provide favorable treatment or influence on 
        behalf of any individual or entity in the selection by the 
        Cuban people of their future government.
            (11) To assist a transition government in Cuba and a 
        democratically elected government in Cuba to prepare the Cuban 
        military forces for an appropriate role in a democracy.
            (12) To be prepared to enter into negotiations with a 
        democratically elected government in Cuba either to return the 
        United States Naval Base at Guantanamo to Cuba or to 
        renegotiate the present agreement under mutually agreeable 
        terms.
            (13) To consider the restoration of diplomatic recognition 
        and support the reintegration of the Cuban Government into 
        Inter-American organizations when the President determines that 
        there exists a democratically elected government in Cuba.
            (14) To take steps to remove the economic embargo of Cuba 
        when the President determines that a transition to a 
        democratically elected government in Cuba has begun.
            (15) To assist a democratically elected government in Cuba 
        to strengthen and stabilize its national currency.
            (16) To pursue trade relations with a free, democratic, and 
        independent Cuba.

SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.

    (a) Authorization.--
            (1) In general.--The President shall develop a plan for 
        providing economic assistance to Cuba at such time as the 
        President determines that a transition government or a 
        democratically elected government in Cuba (as determined under 
        section 203(c)) is in power.
            (2) Effect on other laws.--Assistance may be provided under 
        this section subject to an authorization of appropriations and 
        subject to the availability of appropriations.
    (b) Plan for Assistance.--
            (1) Development of plan.--The President shall develop a 
        plan for providing assistance under this section--
                    (A) to Cuba when a transition government in Cuba is 
                in power; and
                    (B) to Cuba when a democratically elected 
                government in Cuba is in power.
            (2) Types of assistance.--Assistance under the plan 
        developed under paragraph (1) may, subject to an authorization 
        of appropriations and subject to the availability of 
        appropriations, include the following:
                    (A) Transition government.--(i) Except as provided 
                in clause (ii), assistance to Cuba under a transition 
                government shall, subject to an authorization of 
                appropriations and subject to the availability of 
                appropriations, be limited to--
                            (I) such food, medicine, medical supplies 
                        and equipment, and assistance to meet emergency 
                        energy needs, as is necessary to meet the basic 
                        human needs of the Cuban people; and
                            (II) assistance described in subparagraph 
                        (C).
                    (ii) Assistance provided only after the President 
                certifies to the appropriate congressional committees, 
                in accordance with procedures applicable to 
                reprogramming notifications under section 634A of the 
                Foreign Assistance Act of 1961, that such assistance is 
                essential to the successful completion of the 
                transition to democracy.
                    (iii) Only after a transition government in Cuba is 
                in power, remittances by individuals to their relatives 
                of cash or goods, as well as freedom to travel to visit 
                them without any restrictions, shall be permitted.
                    (B) Democratically elected government.--Assistance 
                to a democratically elected government in Cuba may, 
                subject to an authorization of appropriations and 
                subject to the availability of appropriations, consist 
                of additional economic assistance, together with 
                assistance described in subparagraph (C). Such economic 
                assistance may include--
                            (i) assistance under chapter 1 of part I 
                        (relating to development assistance), and 
                        chapter 4 of part II (relating to the economic 
                        support fund), of the Foreign Assistance Act of 
                        1961;
                            (ii) assistance under the Agricultural 
                        Trade Development and Assistance Act of 1954;
                            (iii) financing, guarantees, and other 
                        forms of assistance provided by the Export-
                        Import Bank of the United States;
                            (iv) financial support provided by the 
                        Overseas Private Investment Corporation for 
                        investment projects in Cuba;
                            (v) assistance provided by the Trade and 
                        Development Agency;
                            (vi) Peace Corps programs; and
                            (vii) other appropriate assistance to carry 
                        out the policy of section 201.
                    (C) Military adjustment assistance.--Assistance to 
                a transition government in Cuba and to a democratically 
                elected government in Cuba shall also include 
                assistance in preparing the Cuban military forces to 
                adjust to an appropriate role in a democracy.
    (c) Strategy for Distribution.--The plan developed under subsection 
(b) shall include a strategy for distributing assistance under the 
plan.
    (d) Distribution.--Assistance under the plan developed under 
subsection (b) shall be provided through United States Government 
organizations and nongovernmental organizations and private and 
voluntary organizations, whether within or outside the United States, 
including humanitarian, educational, labor, and private sector 
organizations.
    (e) International Efforts.--The President shall take the necessary 
steps--
            (1) to seek to obtain the agreement of other countries and 
        of international financial institutions and multilateral 
        organizations to provide to a transition government in Cuba, 
        and to a democratically elected government in Cuba, assistance 
        comparable to that provided by the United States under this 
        Act; and
            (2) to work with such countries, institutions, and 
        organizations to coordinate all such assistance programs.
    (f) Communication With the Cuban People.--The President shall take 
the necessary steps to communicate to the Cuban people the plan for 
assistance developed under this section.
    (g) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to the 
appropriate congressional committees a report describing in detail the 
plan developed under this section.
    (h) Trade and Investment Relations.--
            (1) Report to congress.--The President, following the 
        transmittal to the Congress of a determination under section 
        203(c)(3) that a democratically elected government in Cuba is 
        in power, shall submit to the appropriate congressional 
        committees a report that describes--
                    (A) acts, policies, and practices that constitute 
                significant barriers to, or distortions of, United 
                States trade in goods or services or foreign direct 
                investment with respect to Cuba;
                    (B) policy objectives of the United States 
                regarding trade relations with a democratically elected 
                government in Cuba, and the reasons therefor, including 
                possible--
                            (i) reciprocal extension of 
                        nondiscriminatory trade treatment (most-
                        favored- nation treatment);
                            (ii) designation of Cuba as a beneficiary 
                        developing country under title V of the Trade 
                        Act of 1974 (relating to the Generalized System 
                        of Preferences) or as a beneficiary country 
                        under the Caribbean Basin Economic Recovery 
                        Act, and the implications of such designation 
                        with respect to trade with any other country 
                        that is
                         such a beneficiary developing country or 
beneficiary country or is a party to the North American Free Trade 
Agreement; and
                            (iii) negotiations regarding free trade, 
                        including the accession of Cuba to the North 
                        American Free Trade Agreement;
                    (C) specific trade negotiating objectives of the 
                United States with respect to Cuba, including the 
                objectives described in section 108(b)(5) of the North 
                American Free Trade Agreement Implementation Act (19 
                U.S.C. 3317(b)(5)); and
                    (D) actions proposed or anticipated to be 
                undertaken, and any proposed legislation necessary or 
                appropriate, to achieve any of such policy and 
                negotiating objectives.
            (2) Consultations.--The President shall consult with the 
        appropriate congressional committees and shall seek advice from 
        the appropriate advisory committees established under section 
        135 of the Trade Act of 1974 regarding the policy and 
        negotiating objectives and the legislative proposals described 
        in paragraph (1).

SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND 
              REPORTS TO CONGRESS; REPROGRAMMING.

    (a) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
            (1) implementing the strategy for distributing assistance 
        described in section 202(b);
            (2) ensuring the speedy and efficient distribution of such 
        assistance; and
            (3) ensuring coordination among, and appropriate oversight 
        by, the agencies of the United States that provide assistance 
        described in section 202(b), including resolving any disputes 
        among such agencies.
    (b) United States-Cuba Council.--Upon making a determination under 
subsection (c)(3) that a democratically elected government in Cuba is 
in power, the President, after consultation with the coordinating 
official, is authorized to designate a United States-Cuba council--
            (1) to ensure coordination between the United States 
        Government and the private sector in responding to change in 
        Cuba, and in promoting market-based development in Cuba; and
            (2) to establish periodic meetings between representatives 
        of the United States and Cuban private sectors for the purpose 
        of facilitating bilateral trade.
    (c) Implementation of Plan; Reports to Congress.--
            (1) Implementation with respect to transition government.--
        Upon making a determination that a transition government in 
        Cuba is in power, the President shall transmit that 
        determination to the appropriate congressional committees and 
        shall, subject to an authorization of appropriations and 
        subject to the availability of appropriations, commence the 
        delivery and distribution of assistance to such transition 
        government under the plan developed under section 202(b).
            (2) Reports to congress.--(A) The President shall transmit 
        to the appropriate congressional committees a report setting 
        forth the strategy for providing assistance described in 
        section 202(b)(2) (A) and (C) to the transition government in 
        Cuba under the plan of assistance developed under section 
        202(b), the types of such assistance, and the extent to which 
        such assistance has been distributed in accordance with the 
        plan.
            (B) The President shall transmit the report not later than 
        90 days after making the determination referred to in paragraph 
        (1), except that the President shall transmit the report in 
        preliminary form not later than 15 days after making that 
        determination.
            (3) Implementation with respect to democratically elected 
        government.--The President shall, upon determining that a 
        democratically elected government in Cuba is in power, submit 
        that determination to the appropriate congressional committees 
        and shall, subject to an authorization of appropriations and 
        subject to the availability of appropriations, commence the 
        delivery and distribution of assistance to such democratically 
        elected government under the plan developed under section 
        202(b).
            (4) Annual reports to congress.--Not later than 60 days 
        after the end of each fiscal year, the President shall transmit 
        to the appropriate congressional committees a report on the 
        assistance provided under the plan developed under section 
        202(b), including a description of each type of assistance, the 
        amounts expended for such assistance, and a description of the 
        assistance to be provided under the plan in the current fiscal 
        year.
    (d) Reprogramming.--Any changes in the assistance to be provided 
under the plan developed under section 202(b) may not be made unless 
the President notifies the appropriate congressional committees at 
least 15 days in advance in accordance with the procedures applicable 
to reprogramming notifications under section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).

SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Presidential Actions.--Upon submitting a determination to the 
appropriate congressional committees under section 203(c)(1) that a 
transition government in Cuba is in power, the President, after 
consulting with the Congress, is authorized to take steps to suspend 
the economic embargo of Cuba to the extent that such action contributes 
to a stable foundation for a democratically elected government in Cuba.
    (b) Suspension of Certain Provisions of Law.--In carrying out 
subsection (a), the President may suspend the enforcement of--
            (1) section 620(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(a));
            (2) section 620(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(f)) with regard to the ``Republic of Cuba'';
            (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act (22 U.S.C. 6003, 6004(d), 6005);
            (4) section 902(c) of the Food Security Act of 1985; and
            (5) the prohibitions on transactions described in part 515 
        of title 31, Code of Federal Regulations.
    (c) Additional Presidential Actions.--Upon submitting a 
determination to the appropriate congressional committees under section 
203(c)(3) that a democratically elected government in Cuba is in power, 
the President shall take steps to terminate the economic embargo of 
Cuba.
    (d) Conforming Amendments.--On the date on which the President 
submits a determination under section 203(c)(3)--
            (1) section 620(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(a)) is repealed;
            (2) section 620(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(f)) is amended by striking ``Republic of 
        Cuba'';
            (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; 
        and
            (4) section 902(c) of the Food Security Act of 1985 is 
        repealed.
    (e) Review of Suspension of Economic Embargo.--
            (1) Review.--If the President takes action under subsection 
        (a) to suspend the economic embargo of Cuba, the President 
        shall immediately so notify the Congress. The President shall 
        report to the Congress no less frequently than every 6 months 
        thereafter, until he submits a determination under section 
        203(c)(3) that a democratically elected government in Cuba is 
        in power, on the progress being made by Cuba toward the 
        establishment of such a democratically elected government. The 
        action of the President under subsection (a) shall cease to be 
        effective upon the enactment of a joint resolution described in 
        paragraph (2).
            (2) Joint resolutions.--For purposes of this subsection, 
        the term ``joint resolution'' means only a joint resolution of 
        the 2 Houses of Congress, the matter after the resolving clause 
        of which is as follows: ``That the Congress disapproves the 
        action of the President under section 204(a) of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to 
        suspend the economic embargo of Cuba, notice of which was 
        submitted to the Congress on ____.'', with the blank space 
        being filled with the appropriate date.
            (3) Referral to committees.--Joint resolutions introduced 
        in the House of Representatives shall be referred to the 
        Committee on International Relations and joint resolutions 
        introduced in the Senate shall be referred to the Committee on 
        Foreign Relations.
            (4) Procedures.--(A) Any joint resolution shall be 
        considered in the Senate in accordance with the provisions of 
        section 601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
            (B) For the purpose of expediting the consideration and 
        enactment of joint resolutions, a motion to proceed to the 
        consideration of any joint resolution after it has been 
        reported by the appropriate committee shall be treated as 
        highly privileged in the House of Representatives.
            (C) Not more than 1 joint resolution may be considered in 
        the House of Representatives and the Senate in the 6-month 
        period beginning on the date on which the President notifies 
        the Congress under paragraph (1) of the action taken under 
        subsection (a), and in each 6-month period thereafter.

SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERNMENT.

    For purposes of this Act, a transition government in Cuba is a 
government in Cuba which--
            (1) is demonstrably in transition from communist 
        totalitarian dictatorship to representative democracy;
            (2) has recognized the right to independent political 
        activity and association;
            (3) has released all political prisoners and allowed for 
        investigations of Cuban prisons by appropriate international 
        human rights organizations;
            (4) has ceased any interference with Radio or Television 
        Marti broadcasts;
            (5) makes public commitments to and is making demonstrable 
        progress in--
                    (A) establishing an independent judiciary;
                    (B) dissolving the present Department of State 
                Security in the Cuban Ministry of the Interior, 
                including the Committees for the Defense of the 
                Revolution and the Rapid Response Brigades;
                    (C) respecting internationally recognized human 
                rights and basic freedoms as set forth in the Universal 
                Declaration of Human Rights, to which Cuba is a 
                signatory nation;
                    (D) effectively guaranteeing the rights of free 
                speech and freedom of the press;
                    (E) organizing free and fair elections for a new 
                government--
                            (i) to be held in a timely manner within a 
                        period not to exceed 1 year after the 
                        transition government assumes power;
                            (ii) with the participation of multiple 
                        independent political parties that have full 
                        access to the media on an equal basis, 
                        including (in the case of radio, television, or 
                        other telecommunications media) in terms of 
                        allotments of time for such access and the 
                        times of day such allotments are given; and
                            (iii) to be conducted under the supervision 
                        of internationally recognized observers, such 
                        as the Organization of American
                         States, the United Nations, and other 
elections monitors;
                    (F) assuring the right to private property;
                    (G) taking appropriate steps to return to United 
                States citizens (and entities which are 50 percent or 
                more beneficially owned by United States citizens) 
                property taken by the Cuban Government from such 
                citizens and entities on or after January 1, 1959, or 
                to provide equitable compensation to such citizens and 
                entities for such property;
                    (H) granting permits to privately owned 
                telecommunications and media companies to operate in 
                Cuba; and
                    (I) allowing the establishment of independent trade 
                unions as set forth in conventions 87 and 98 of the 
                International Labor Organization, and allowing the 
                establishment of independent social, economic, and 
                political associations;
            (6) does not include Fidel Castro or Raul Castro;
            (7) has given adequate assurances that it will allow the 
        speedy and efficient distribution of assistance to the Cuban 
        people;
            (8) permits the deployment throughout Cuba of independent 
        and unfettered international human rights monitors; and
            (9) has extradited or otherwise rendered to the United 
        States all persons sought by the United States Department of 
        Justice for crimes committed in the United States.

SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT.

    For purposes of this Act, a democratically elected government in 
Cuba, in addition to continuing to comply with the requirements of 
section 205, is a government in Cuba which--
            (1) results from free and fair elections conducted under 
        the supervision of internationally recognized observers;
            (2) has permitted opposition parties ample time to organize 
        and campaign for such elections, and has permitted full access 
        to the media to all candidates in the elections;
            (3) is showing respect for the basic civil liberties and 
        human rights of the citizens of Cuba;
            (4) has made demonstrable progress in establishing an 
        independent judiciary;
            (5) is substantially moving toward a market-oriented 
        economic system;
            (6) is committed to making constitutional changes that 
        would ensure regular free and fair elections that meet the 
        requirements of paragraph (2); and
            (7) has made demonstrable progress in returning to United 
        States citizens (and entities which are 50 percent or more 
        beneficially owned by United States citizens) property taken by 
        the Cuban Government from such citizens and entities on or 
        after January 1, 1959, or providing full compensation for such 
        property in accordance with international law standards and 
        practice.
  TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS 
           AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME

SEC. 301. STATEMENT OF POLICY.

    The Congress makes the following findings:
            (1) The right of individuals to hold and enjoy property is 
        a fundamental right recognized by the United States 
        Constitution and international human rights law, including the 
        Universal Declaration of Human Rights.
            (2) The illegal confiscation or taking of property by 
        governments, and the acquiescence of governments in the 
        confiscation of property by their citizens, undermines the 
        comity among nations, the free flow of commerce, and economic 
        development.
            (3) It is in the interest of all nations to respect equally 
        the property rights of their citizens and nationals of other 
        countries.
            (4) Nations that provide an effective mechanism for prompt, 
        adequate, and fair compensation for the confiscation of private 
        property will continue to have the support of the United 
        States.
            (5) The United States Government has an obligation to its 
        citizens to provide protection against illegal confiscation by 
        foreign nations and their citizens, including the provision of 
        private remedies.
            (6) Nations that illegally confiscate private property 
        should not be immune to another nation's laws whose purpose is 
        to protect against the confiscation of lawfully acquired 
        property by its citizens.
            (7) Trafficking in illegally acquired property is a crime 
        under the laws of the United States and other nations, yet this 
        same activity is allowed under international law.
            (8) International law, by not providing effective remedies, 
        condones the illegal confiscation of property and allows for 
        the unjust enrichment from the use of confiscated property by 
        governments and private entities at the expense of those who 
        hold legal claim to the property.
            (9) The development of an international mechanism 
        sanctioning those governments and private entities that 
        confiscate and unjustly use private property so confiscated 
        should be a priority objective of United States foreign policy.
SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CONFISCATED FROM UNITED 
              STATES NATIONALS.

    (a) Civil Remedy.--
            (1) Liability for trafficking.--(A) Except as provided in 
        paragraphs (3) and (4), any person, including any agency or 
        instrumentality of a foreign state in the conduct of a 
        commercial activity, that, after the end of the 6-month period 
        beginning on the date of the enactment of this Act, traffics in 
        confiscated property shall be liable to any United States 
        national who owns the claim to such property for money damages 
        in an amount equal to the sum of--
                    (i) the amount which is the greater of--
                            (I) the amount, if any, certified to the 
                        claimant by the Foreign Claims Settlement 
                        Commission under the International Claims 
                        Settlement Act of 1949, plus interest;
                            (II) the amount determined under section 
                        303(a)(2), plus interest; or
                            (III) the fair market value of that 
                        property, calculated as being the then current 
                        value of the property, or the value of the 
                        property when confiscated plus interest, 
                        whichever is greater; and
                    (ii) reasonable costs and attorneys' fees.
            (B) Interest under subparagraph (A)(i) shall be at the rate 
        set forth in section 1961 of title 28, United States Code, 
        computed by the court from the date of the confiscation of the 
        property involved to the date on which the action is brought 
        under this subsection.
            (2) Presumption in favor of certified claims.--There shall 
        be a presumption that the amount for which a person, including 
        any agency or instrumentality of a foreign state in the conduct 
        of a commercial activity, is liable under clause (i) of 
        paragraph (1)(A) is the amount that is certified under 
        subclause (I) of that clause. The presumption shall be 
        rebuttable by clear and convincing evidence that the amount 
        described in subclause (II) or (III) of that clause is the 
        appropriate amount of liability under that clause.
            (3) Increased liability for prior notice.--Except as 
        provided in paragraph (4), any person, including any agency or 
        instrumentality of a foreign state in the conduct of a 
        commercial activity, that traffics in confiscated property 
        after having received--
                    (A) notice of a claim to ownership of the property 
                by a United States national who owns a claim to the 
                confiscated property, and
                    (B) notice of the provisions of this section,
        shall be liable to that United States national for money 
        damages in an amount which is the sum of the amount equal to 
        the amount determined under paragraph (1)(A)(ii) plus triple 
        the amount determined applicable under subclause (I), (II), or 
        (III) of paragraph (1)(A)(i).
            (4) Applicability.--(A) Except as otherwise provided in 
        this paragraph, actions may be brought under paragraph (1) with 
        respect to property confiscated before, on, or after the date 
        of the enactment of this Act.
            (B) In the case of property confiscated before the date of 
        the enactment of this Act, no United States national may bring 
        an action under this section unless such national acquired 
        ownership of the claim to the confiscated property before such 
        date.
            (C) In the case of property confiscated on or after the 
        date of the enactment of this Act, no United States national 
        who acquired ownership of a claim to confiscated property by 
        assignment for value after such date of enactment may bring an 
        action on the claim under this section.
            (5) Treatment of certain actions.--(A) In the case of any 
        action brought under this section by a United States national 
        who was eligible to file the underlying claim in the action 
        with the Foreign Claims Settlement Commission under title V of 
        the International Claims Settlement Act of 1949 but did not so 
        file the claim, the court may hear the case only if the court 
        determines that the United States national had good cause for 
        not filing the claim.
            (B) In the case of any action brought under this section by 
        a United States national whose claim in the action was timely 
        filed with the Foreign Claims Settlement Commission under title 
        V of the International Claims Settlement Act of 1949 but was 
        denied by the Commission, the court may assess the basis for 
        the denial and may accept the findings of the Commission on the 
        claim as conclusive in the action under this section unless 
        good cause justifies another result.
            (6) Inapplicability of act of state doctrine.--No court of 
        the United States shall decline, based upon the act of state 
        doctrine, to make a determination on the merits in an action 
        brought under paragraph (1).
    (b) Definition.--As used in this subsection, the term ``agency or 
instrumentality of a foreign state'' has the meaning given that term in 
section 1603(b) of title 28, United States Code.
    (c) Jurisdiction.--
            (1) In general.--Chapter 85 of title 28, United States 
        Code, is amended by inserting after section 1331 the following 
        new section:
``Sec. 1331a. Civil actions involving confiscated property
    ``The district courts shall have exclusive jurisdiction of any 
action brought under section 302 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1995, regardless of the amount in 
controversy.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 85 of title 28, United States Code, is amended by 
        inserting after the item relating to section 1331 the 
        following:

``1331a. Civil actions involving confiscated property.''.
    (d) Certain Property Immune From Execution.--Section 1611 of title 
28, United States Code, is amended by adding at the end the following:
    ``(c) Notwithstanding the provisions of section 1610 of this 
chapter, the property of a foreign state shall be immune from 
attachment and from execution in an action brought under section 302 of 
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to 
the extent the property is a facility or installation used by an 
accredited diplomatic mission for official purposes.''.
    (e) Election of Remedies.--
            (1) Election.--Subject to paragraph (2)--
                    (A) any United States national that brings an 
                action under this section may not bring any other civil 
                action or proceeding under the common law, Federal law, 
                or the law of any of the several States, the District 
                of Columbia, or any territory or possession of the 
                United States, that seeks monetary or nonmonetary 
                compensation by reason of the same subject matter; and
                    (B) any person who brings, under the common law or 
                any provision of law other than this section, a civil 
                action or proceeding for monetary or nonmonetary 
                compensation arising out of a claim for which an action 
                would otherwise be cognizable under this section may 
                not bring an action under this section on that claim.
            (2) Treatment of certified claimants.--In the case of any 
        United States national that brings an action under this section 
        based on a claim certified under title V of the International 
        Claims Settlement Act of 1949--
                    (A) if the recovery in the action is equal to or 
                greater than the amount of the certified claim, the 
                United States national may not receive payment on the 
                claim under any agreement entered into between the 
                United States and Cuba settling claims covered by such 
                title, and such national shall be deemed to have 
                discharged the United States from any further 
                responsibility to represent the United States national 
                with respect to that claim;
                    (B) if the recovery in the action is less than the 
                amount of the certified claim, the United States 
                national may receive payment under a claims agreement 
                described in subparagraph (A) but only to the extent of 
                the difference between the amount of the recovery and 
                the amount of the certified claim; and
                    (C) if there is no recovery in the action, the 
                United States national may receive payment on the 
                certified claim under a claims agreement described in 
                subparagraph (A) to the same extent as any certified 
                claimant who does not bring an action under this 
                section.
    (f) Deposit of Excess Payments by Cuba Under Claims Agreement.--Any 
amounts paid by Cuba under any agreement entered into between the 
United States and Cuba settling certified claims under title V of the 
International Claims Settlement Act of 1949 that are in excess of the 
payments made on such certified claims after the application of 
subsection (e) shall be deposited into the United States Treasury.
    (g) Termination of Rights.--
            (1) In general.--All rights created under this section to 
        bring an action for money damages with respect to property 
        confiscated before the date of the enactment of this Act shall 
        cease upon the transmittal to the Congress of a determination 
        of the President under section 203(c)(3).
            (2) Pending suits.--The termination of rights under 
        paragraph (1) shall not affect suits commenced before the date 
        of such termination, and in all such suits, proceedings shall 
        be had, appeals taken, and judgments rendered in the same 
        manner and with the same effect as if this subsection had not 
        been enacted.

SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

    (a) Evidence of Ownership.--
            (1) Conclusiveness of certified claims.--In any action 
        brought under this title, the courts shall accept as conclusive 
        proof of ownership a certification of a claim to ownership that 
        has been made by the Foreign Claims Settlement Commission 
        pursuant to
         title V of the International Claims Settlement Act of 1949 (22 
U.S.C. 1643 and following).
            (2) Claims not certified.--In the case of a claim that has 
        not been certified by the Foreign Claims Settlement Commission 
        before the enactment of this Act, a court may appoint a special 
        master, including the Foreign Claims Settlement Commission, to 
        make determinations regarding the amount and validity of claims 
        to ownership of confiscated property. Such determinations are 
        only for evidentiary purposes in civil actions brought under 
        this title and do not constitute certifications pursuant to 
        title V of the International Claims Settlement Act of 1949.
            (3) Effect of determinations of foreign entities.--In 
        determining ownership, courts shall not accept as conclusive 
        evidence of ownership any findings, orders, judgments, or 
        decrees from administrative agencies or courts of foreign 
        countries or international organizations that invalidate the 
        claim held by a United States national, unless the invalidation 
        was found pursuant to binding international arbitration to 
        which United States national submitted the claim.
    (b) Amendment of the International Claims Settlement Act of 1949.--
Title V of the International Claims Settlement Act of 1949 (22 U.S.C. 
1643 and following) is amended by adding at the end the following new 
section:

  ``evaluation of ownership claims referred by district courts of the 
                             united states

    ``Sec. 514. Notwithstanding any other provision of this title and 
only for purposes of section 302 of the Cuban Liberty and Solidarity 
(LIBERTAD) Act, a United States district court, for fact-finding 
purposes, may refer to the Commission, and the Commission may 
determine, questions of the amount and ownership of a claim by a United 
States national (as defined in section 4 of the Cuban Liberty and 
Solidarity (LIBERTAD) Act) resulting from the confiscation of property 
by the Government of Cuba described in section 503(a), whether or not 
the United States national qualified as a national of the United States 
(as defined in section 502(1)) at the time of the action by the 
Government of Cuba.''.
    (c) Rule of Construction.--Nothing in this Act or section 514 of 
the International Claims Settlement Act of 1949, as added by subsection 
(b), shall be construed--
            (1) to require or otherwise authorize the claims of Cuban 
        nationals who became United States citizens after their 
        property was confiscated to be included in the claims certified 
        to the Secretary of State by the Foreign Claims Settlement 
        Commission for purposes of future negotiation and espousal of 
        claims with a friendly government in Cuba when diplomatic 
        relations are restored; or
            (2) as superseding, amending, or otherwise altering 
        certifications that have been made pursuant to title V of the 
        International Claims Settlement Act of 1949 before the 
        enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION 
              CERTIFICATION PROCEDURE.

    Title V of the International Claims Settlement Act of 1949 (22 
U.S.C. 1643 and following), as amended by section 303, is further 
amended by adding at the end the following new section:

  ``exclusivity of foreign claims settlement commission certification 
                               procedure

    ``Sec. 515. (a) Subject to subsection (b), neither any national of 
the United States who was eligible to file a claim under section 503 
but did not timely file such claim under that section, nor any national 
of the United States (on the date of the enactment of this section) who 
was not eligible to file a claim under that section, nor any national 
of Cuba, including any agency, instrumentality, subdivision, or 
enterprise of the Government of Cuba or any local government of Cuba in 
place on the date of the enactment of this section, nor any successor 
thereto, whether or not recognized by the United States, shall have a 
claim to, participate in, or otherwise have an interest in, the 
compensation proceeds or other nonmonetary compensation paid or 
allocated to a national of the United States by virtue of a claim 
certified by the Commission under section 507, nor shall any court of 
the United States or any State court have jurisdiction to adjudicate 
any such claim.
    ``(b) Nothing in subsection (a) shall be construed to detract from 
or otherwise affect any rights in the shares of the capital stock of 
nationals of the United States owning claims certified by the 
Commission under section 507.''.

                 TITLE IV--EXCLUSION OF CERTAIN ALIENS

SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
              CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR WHO 
              TRAFFIC IN SUCH PROPERTY.

    (a) Grounds for Exclusion.--The Secretary of State, in consultation 
with the Attorney General, shall exclude from the United States any 
alien who the Secretary of State determines is a person who--
            (1) has confiscated, or has directed or overseen the 
        confiscation of, property a claim to which is owned by a United 
        States national, or converts or has converted for personal gain 
        confiscated property, a claim to which is owned by a United 
        States national;
            (2) traffics in confiscated property, a claim to which is 
        owned by a United States national;
            (3) is a corporate officer, principal, or shareholder with 
        a controlling interest of an entity which has been involved in 
        the confiscation of property or trafficking in confiscated 
        property, a claim to which is owned by a United States 
        national; or
            (4) is a spouse, minor child, or agent of a person 
        excludable under paragraph (1), (2), or (3).
    (b) Definitions.--As used in this section, the following terms have 
the following meanings:
            (1) Confiscated; confiscation.--The terms ``confiscated'' 
        and ``confiscation'' refer to--
                    (A) the nationalization, expropriation, or other 
                seizure by foreign governmental authority of ownership 
                or control of property on or after January 1, 1959--
                            (i) without the property having been 
                        returned or adequate and effective compensation 
                        provided; or
                            (ii) without the claim to the property 
                        having been settled pursuant to an 
                        international claims settlement agreement or 
                        other mutually accepted settlement procedure; 
                        and
                    (B) the repudiation by foreign governmental 
                authority of, the default by foreign governmental 
                authority on, or the failure by foreign governmental 
                authority to pay, on or after January 1, 1959--
                            (i) a debt of any enterprise which has been 
                        nationalized, expropriated, or otherwise taken 
                        by foreign governmental authority;
                            (ii) a debt which is a charge on property 
                        nationalized, expropriated, or otherwise taken 
                        by foreign governmental authority; or
                            (iii) a debt which was incurred by foreign 
                        governmental authority in satisfaction or 
                        settlement of a confiscated property claim.
            (2) Property.--The term ``property'' does not include 
        claims arising from a territory in dispute as a result of war 
        between United Nations member states in which the ultimate 
        resolution of the disputed territory has not been resolved.
            (3) Traffics.--(A) A person or entity ``traffics'' in 
        property if that person or entity knowingly and intentionally--
                    (i) sells, transfers, distributes, dispenses, 
                brokers, manages, or otherwise disposes of confiscated 
                property, or purchases, leases, receives, possesses, 
                obtains control of, manages, uses, or otherwise 
                acquires or holds an interest in confiscated property,
                    (ii) engages in a commercial activity using or 
                otherwise benefiting from confiscated property, or
                    (iii) causes, directs, participates in, or profits 
                from, trafficking (as described in clauses (i) and 
                (ii)) by another person, or otherwise engages in 
                trafficking (as described in clauses (i) and (ii)) 
                through another person,
        without the authorization of the United States national who 
        holds a claim to the property.
            (B) The term ``traffics'' does not include--
                    (i) the delivery of international telecommunication 
                signals to Cuba that are authorized by section 1705(e) 
                of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); 
                or
                    (ii) the trading or holding of securities publicly 
                traded or held, unless the trading is with or by a 
                person determined by the Secretary of the Treasury to 
                be a specially designated national.
    (c) National Interest Exemption.--This section shall not apply 
where the Secretary of State finds, on a case-by-case basis, that 
making a determination under subsection (a) would be contrary to the 
national interest of the United States.
    (d) Effective Date.--
            (1) In general.--This section applies to aliens seeking to 
        enter the United States on or after the date of the enactment 
        of this Act.
            (2) Trafficking.--This section applies only with respect to 
        acts within the meaning of ``traffics'' that occur on or after 
        the date of the enactment of this Act.
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