[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 927 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 19 (legislative day, October 18), 1995.
Resolved, That the bill from the House of Representatives (H.R.
927) entitled ``An Act 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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as ``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--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
Sec. 101. Statement of Policy.
Sec. 102. Authorization of support for democratic and human rights
groups and international observers.
Sec. 103. Enforcement of the economic embargo of Cuba.
Sec. 104. Prohibition against indirect financing of Cuba.
Sec. 105. United States opposition to Cuban membership in international
financial institutions.
Sec. 106. United States opposition to termination of the suspension of
the Government of Cuba from participation
in the Organization of American States.
Sec. 107. Assistance by the independent states of the former Soviet
Union for the Government of Cuba.
Sec. 108. Television broadcasting to Cuba.
Sec. 109. Reports on commerce with, and assistance to, Cuba from other
foreign countries.
Sec. 110. Importation safeguard against certain Cuban products.
Sec. 111. Reinstitution of family remittances and travel to Cuba.
Sec. 112. News bureaus in Cuba.
Sec. 113. Impact on lawful United States Government activities.
TITLE II--SUPPORT FOR 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. Implementation; reports to Congress.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements for a transition government.
Sec. 206. Factors for determining a democratically elected government.
Sec. 207. Settlement of outstanding United States claims to confiscated
property in Cuba.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economy of Cuba has experienced a decline of
approximately 60 percent in the last 5 years as a result of--
(A) the reduction in subsidies from the former
Soviet Union;
(B) 36 years of Communist tyranny and economic
mismanagement by the Castro government;
(C) the precipitous decline in trade between Cuba
and the countries of the former Soviet bloc; and
(D) the policy of the Russian Government and the
countries of the former Soviet bloc to conduct economic
relations with Cuba predominantly on commercial terms.
(2) At the same time, the welfare and health of the Cuban
people have substantially deteriorated as a result of Cuba's
economic decline and the refusal of the Castro regime to permit
free and fair democratic elections in Cuba or to adopt any
economic or political reforms that would lead to democracy, a
market economy, or an economic recovery.
(3) The repression of the Cuban people, including a ban on
free and fair democratic elections and the continuing violation
of fundamental human rights, has isolated the Cuban regime as
the only nondemocratic government in the Western Hemisphere.
(4) As long as no such economic or political reforms are
adopted by the Cuban Government, the economic condition of the
country and the welfare of the Cuban people will not improve in
any significant way.
(5) Fidel Castro has defined democratic pluralism as
``pluralistic garbage'' and has made clear that he has no
intention of permitting free and fair democratic elections in
Cuba or otherwise tolerating the democratization of Cuban
society.
(6) The Castro government, in an attempt to retain absolute
political power, continues to utilize, as it has from its
inception, torture in various forms (including psychiatric
abuse), execution, exile, confiscation, political imprisonment,
and other forms of terror and repression as most recently
demonstrated by the massacre of more than 40 Cuban men, women,
and children attempting to flee Cuba.
(7) The Castro government holds hostage in Cuba innocent
Cubans whose relatives have escaped the country.
(8) The Castro government has threatened 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.
(9) Over the past 36 years, the Cuban Government has posed
a national security threat to the United States.
(10) The completion and any operation of a nuclear-powered
facility in Cuba, for energy generation or otherwise, poses an
unacceptable threat to the national security of the United
States.
(11) The unleashing on United States shores of thousands of
Cuban refugees fleeing Cuban oppression will be considered an
act of aggression.
(12) The Government of Cuba engages in illegal
international narcotics trade and harbors fugitives from
justice in the United States.
(13) 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.
(14) Attempts to escape from Cuba and courageous acts of
defiance of the Castro regime by Cuban pro-democracy and human
rights groups have ensured the international community's
continued awareness of, and concern for, the plight of Cuba.
(15) The Cuban people deserve to be assisted in a decisive
manner in order to end the tyranny that has oppressed them for
36 years.
(16) Radio Marti and Television Marti have been effective
vehicles for providing the people of Cuba with news and
information and have helped to bolster the morale of the Cubans
living under tyranny.
(17) 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
isolating the totalitarian Castro regime.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to assist the Cuban people in regaining their freedom
and prosperity, as well as in joining the community of
democratic countries that are flourishing in the Western
Hemisphere;
(2) to strengthen international sanctions against the
Castro government;
(3) 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 the political manipulation of the desire of
Cubans to escape that results in mass migration to the United
States;
(4) to encourage the holding of free and fair democratic
elections in Cuba, conducted under the supervision of
internationally recognized observers;
(5) to provide a policy framework for United States support
to the Cuban people in response to the formation of a
transition government or a democratically elected government in
Cuba; and
(6) to protect American nationals against confiscatory
takings and the wrongful trafficking in property confiscated by
the Castro regime.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the following
meanings:
(1) Agency or instrumentality of a foreign state.--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, except as otherwise provided for in this Act under
paragraph 4(5).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
(3) Commercial activity.--The term ``commercial activity''
has the meaning given that term in section 1603(d) of title 28,
United States Code.
(4) Confiscated.--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.
(5) Cuban Government.--(A) The terms ``Cuban Government''
and ``Government of Cuba'' include 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'' is used within the meaning of section 1603(b)
of title 28, United States Code.
(6) Democratically elected government in cuba.--The term
``democratically elected government in Cuba'' means a
government that the President has determined as being
democratically elected, taking into account the factors listed
in section 206.
(7) 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), 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).
(8) 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, or the Commonwealth of Puerto Rico, or any
other territory or possession of the United States.
(9) Official of the Cuban Government or the ruling
political party in cuba.--The term ``official of the Cuban
Government or the ruling political party in Cuba'' refers to
members of the Council of Ministers, Council of State, central
committee of the Cuban Communist Party, the Politburo, or their
equivalents.
(10) 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, at the time of enactment of this
Act--
(i) the claim to the property is held 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 an official of the
Cuban Government or the ruling political party in Cuba.
(11) Transition government in cuba.--The term ``transition
government in Cuba'' means a government that the President
determines as being a transition government consistent with the
requirements and factors listed in 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, or 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--STRENGTHENING INTERNATIONAL 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 Government of Cuba pursuant to chapter
VII of the Charter of the United Nations, employing efforts similar to
consultations conducted by United States representatives with respect
to Haiti;
(3) any resumption of efforts by an independent state of
the former Soviet Union to make operational the nuclear
facility at Cienfuegos, Cuba, and the continuation of
intelligence activities from Cuba targeted at the United States
and its citizens will have a detrimental impact on United
States assistance to such state; and
(4) in view of the threat to the national security posed by
the operation of any nuclear facility, and the Castro
government's continuing blackmail to unleash another wave of
Cuban refugees fleeing from Castro's oppression, most of whom
find their way to United States shores further depleting
limited humanitarian and other resources of the United States,
the President should do all in his power to make it clear to
the Cuban Government that--
(A) the completion and operation of any nuclear
power facility, or
(B) any further political manipulation of the
desire of Cubans to escape that results in mass
migration to the United States,
will be considered an act of aggression which will be met with
an appropriate response in order to maintain the security of
the national borders of the United States and the health and
safety of the American people.
SEC. 102. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
GROUPS AND INTERNATIONAL OBSERVERS.
(a) Authorization.--The President is authorized to furnish
assistance to and make available other support for individuals and
nongovernmental organizations to support democracy-building efforts in
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) Denial of Funds to the Government of Cuba.--In implementing
this section, the President shall take all necessary steps to ensure
that no funds or other assistance are provided to the Government of
Cuba or any of its agencies, entities, or instrumentalities.
(c) Superseding Other Laws.--Assistance may be provided under this
section notwithstanding any other provision of law, except for section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394) and
comparable notification requirements contained in sections of the
annual foreign operations, export financing, and related programs
appropriations Act.
SEC. 103. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a) Policy.--(1) The Congress hereby reaffirms section 1704(a) of
the Cuban Democracy Act of 1992, which states the President should
encourage foreign countries to restrict trade and credit relations with
Cuba in a manner consistent with the purposes of that Act.
(2) The Congress further urges the President to take immediate
steps to apply the sanctions described in section 1704(b)(1) of such
Act against countries assisting Cuba.
(b) Diplomatic Efforts.--The Secretary of State should 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 shall instruct the
Secretary of the Treasury and the Attorney General to enforce fully the
Cuban Assets Control Regulations in part 515 of title 31, Code of
Federal Regulations.
(d) Trading With the Enemy Act.--(1) Subsection (b) of section 16
of the Trading With the Enemy Act (50 U.S.C. App. 16(b)), as added by
Public Law 102-484, 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 direction of the Secretary of the Treasury, be
forfeited to the United States Government.
``(3) 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.
``(4) 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) Section 16 of the Trading With the Enemy Act is further
amended--
(A) by striking subsection (b), as added by Public Law 102-
393; and
(B) by striking subsection (c).
(e) Coverage of Debt-for-Equity Swaps Under the 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 or
of a Cuban national; and''.
SEC. 104. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.
(a) Prohibition.--Notwithstanding any other provision of law, no
loan, credit, or other financing may be extended knowingly by a United
States national, a permanent resident alien, or a United States agency
to a foreign or United States national for the purpose of financing
transactions involving any property confiscated by the Cuban Government
the claim to which is owned by a United States national as of the date
of enactment of this Act, except for financing by the owner of the
property or the claim thereto for a permitted transaction.
(b) Suspension and Termination of Prohibition.--(1) the
President is authorized to suspend this prohibition upon a
determination pursuant to section 203(a).
(2) The prohibition in subsection (a) shall cease to apply on the
date of termination of the economic embargo of Cuba, as provided for in
section 204.
(c) Penalties.--Violations of subsection (a) shall be punishable by
such civil penalties as are applicable to similar violations of the
Cuban Assets Control Regulations in part 515 of title 31, Code of
Federal Regulations.
SEC. 105. 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 of each international financial institution to use the
voice and vote of the United States to oppose the admission of
Cuba as a member of such institution until the President
submits a determination pursuant to section 203(c).
(2) Once the President submits a determination under
section 203(a) that a transition government in Cuba is in
power--
(A) 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,
and
(B) the Secretary of the Treasury is authorized to
instruct the United States executive director of each
international financial institution to support loans or
other assistance to Cuba only to the extent that such
loans or assistance contribute to a stable foundation
for a democratically elected government in Cuba.
(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 such institution an amount equal to the amount of the
loan or other assistance, 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. 106. UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION OF
THE GOVERNMENT OF CUBA FROM PARTICIPATION IN THE
ORGANIZATION OF AMERICAN STATES.
The President should instruct the United States Permanent
Representative to the Organization of American States to oppose and
vote against any termination of the suspension of the Cuban Government
from participation in the Organization until the President determines
under section 203(c) that a democratically elected government in Cuba
is in power.
SEC. 107. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION FOR THE GOVERNMENT OF CUBA.
(a) Reporting Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall submit to the appropriate
congressional committees a report detailing progress toward 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)(1)) 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) except for assistance under the secondary school
exchange program administered by the United States Information
Agency, 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 the
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 Government of Cuba; 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 Government of Cuba on terms
that involve a grant, concessional price, guarantee,
insurance, or subsidy;
``(B) imports from the Government of Cuba at
preferential tariff rates;
``(C) exchange arrangements that include advance
delivery of commodities, arrangements in which the
Government of Cuba 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 Government debt in return for a grant by the
Cuban Government of an equity interest in a property,
investment, or operation of the Government of Cuba 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' is used within the meaning of section 1603(b)
of title 28, United States Code.''.
(d) Facilities at Lourdes, Cuba.--(1) The Congress expresses its
strong disapproval of the extension by Russia of credits equivalent to
$200,000,000 in support of the intelligence facility at Lourdes, Cuba,
announced 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 enactment of this subsection, for an independent state of the
former Soviet Union under this Act 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;
``(F) assistance under the secondary school exchange
program administered by the United States Information Agency;
or
``(G) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160)''.
SEC. 108. 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
enactment of this Act, and every three months thereafter until the
conversion described in subsection (a) is fully implemented, the
Director 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), the Television Broadcasting to Cuba
Act (22 U.S.C. 1465aa et seq.) and the Radio Broadcasting to Cuba Act
(22 U.S.C. 1465 et seq.) are repealed.
SEC. 109. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM OTHER
FOREIGN COUNTRIES.
(a) Reports Required.--Not later than 90 days after the date of
enactment of this Act, and by January 1 each year thereafter until the
President submits a determination under section 203(a), the President
shall submit a report to the appropriate congressional committees on
commerce with, and assistance to, 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 available--
(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 and business firms
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 as to whether or not any of the
facilities described in paragraph (3) is the subject of a claim
against Cuba 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 or businesses; and
(B) the amount of debt owned 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
Government of Cuba or of a Cuban national;
(6) a description of the steps taken to assure that raw
materials and semifinished or finished goods produced by
facilities in Cuba involving foreign nationals or businesses do
not enter the United States market, either directly or through
third countries or parties; and
(7) an identification of countries that purchase, or have
purchased, arms or military supplies from Cuba or that
otherwise have entered into agreements with Cuba that have a
military application, including--
(A) a description of the military supplies,
equipment, or other material sold, bartered, or
exchanged between Cuba and such countries;
(B) a listing of the goods, services, credits, or
other consideration received by Cuba in exchange for
military supplies, equipment, or material; and
(C) the terms or conditions of any such agreement.
SEC. 110. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.
(a) Statement of Policy.--(1) The Congress notes that section
515.204 of title 31, Code of Federal Regulations, prohibits the entry
of, and dealings outside the United States in, merchandise that--
(A) is of Cuban origin,
(B) is or has been located in or transported from or
through Cuba, or
(C) is made or derived in whole or in part of any article
which is the growth, produce, or manufacture of Cuba.
(2) The Congress notes that United States accession to the North
American Free Trade Agreement does not modify or alter the United
States sanctions against Cuba, noting that the statement of
administrative action accompanying that trade agreement specifically
states the following:
(A) ``The NAFTA rules of origin will not in any way
diminish the Cuban sanctions program. * * * Nothing in the
NAFTA would operate to override this prohibition.''.
(B) ``Article 309(3) (of the NAFTA) permits the United
States to ensure that Cuban products or goods made from Cuban
materials are not imported into the United States from Mexico
or Canada and that United States products are not exported to
Cuba through those countries.''.
(3) The Congress notes that section 902(c) of the Food Security Act
of 1985 (Public Law 99-198) required the President not to allocate any
of the sugar import quota to a country that is a net importer of sugar
unless appropriate officials of that country verify to the President
that the country does not import for re-export to the United States any
sugar produced in Cuba.
(4) Protection of essential security interests of the United States
requires enhanced assurances that sugar products that are entered are
not products of Cuba.
SEC. 111. REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.
It is the sense of Congress that the President should, before
considering the reinstitution of general licensure for--
(1) family remittances to Cuba--
(A) insist that, prior to such reinstitution, the
Government of Cuba permit the unfettered operation of
small businesses fully endowed with the right to hire
others to whom they may pay wages, buy materials
necessary in the operation of the business and such
other authority and freedom required to foster the
operation of small businesses throughout the island,
and
(B) require a specific license for remittances
above $500; and
(2) travel to Cuba by United States resident family members
of Cuban nationals resident in Cuba itself insist on such
actions by the Government of Cuba as abrogation of the sanction
for refugee departure from the island, release of political
prisoners, recognition of the right of association and other
fundamental freedoms.
SEC. 112. NEWS BUREAUS OF CUBA.
(a) Establishment of News Bureaus.--The President is authorized to
establish and implement an exchange of news bureaus between the United
States and Cuba, if--
(1) the exchange is fully-reciprocal;
(2) the Cuban Government allows free, unrestricted, and
uninhibited movement in Cuba of journalists of any United
States-based news organizations;
(3) the Cuban Government agrees not to interfere with the
news-gathering activities of individuals assigned to work as
journalists in the news bureaus in Cuba of United States-based
news organizations;
(4) the United States Government is able to ensure that
only accredited journalists regularly employed with a news
gathering organization avail themselves of the general license
to travel to Cuba; and
(5) the Cuban Government agrees not to interfere with the
transmission of telecommunications signals of news bureaus or
with the distribution within Cuba of any United States-based
news organization that has a news bureau in Cuba.
(b) Assurance Against Espionage.--In implementing this section, the
President shall take all necessary steps to assure the safety and
security of the United States against espionage by Cuban journalists it
believes to be working for the intelligence agencies of the Cuban
Government.
(c) Fully Reciprocal.--It is the sense of Congress that the term
``fully reciprocal'' means that all news services, news organizations,
and broadcasting services, including such services or organizations
that receive financing, assistance or other support from a governmental
or official source, are permitted to establish and operate a news
bureau in each nation.
SEC. 113. IMPACT ON LAWFUL UNITED STATES GOVERNMENT ACTIVITIES.
Nothing in this Act shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency or of an intelligence agency of the United States.
TITLE II--SUPPORT FOR A FREE AND INDEPENDENT CUBA
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY
ELECTED GOVERNMENT IN CUBA.
It is the policy of the United States--
(1) to support the self-determination of the Cuban people;
(2) to facilitate a peaceful transition to representative
democracy and a free market economy in Cuba;
(3) to be impartial toward any individual or entity in the
selection by the Cuban people of their future government;
(4) to enter into negotiations with a democratically
elected government in Cuba regarding the status of the United
States Naval Base at Guantanamo Bay;
(5) to consider the restoration of diplomatic relations
with Cuba and support the reintegration of the Cuban Government
into the Inter-American System after a transition government in
Cuba comes to power and at such a time as will facilitate the
rapid transition to a democratic government;
(6) to remove the economic embargo of Cuba when the
President determines that there exists a democratically elected
government in Cuba; and
(7) to pursue a mutually beneficial trading relationship
with a democratic Cuba.
SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.
(a) Authorization.--
(1) In general.--The President may provide assistance under
this section for the Cuban people after a transition
government, or a democratically elected government, is in power
in Cuba, subject to subsections 203 (a) and (c).
(2) Effect on other laws.--Subject to section 203, the
President is authorized to provide such forms of assistance to
Cuba as are provided for in subsection (b), notwithstanding any
other provision of law, except for--
(A) this Act;
(B) section 620(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a)(2)); and
(C) section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394) and comparable notification
requirements contained in sections of the annual
foreign operations, export financing, and related
programs appropriations Act.
(b) Response Plan.--
(1) Development of plan.--The President shall develop a
plan detailing, to the extent possible, the manner in which the
United States would provide and implement support for the Cuban
people in response to the formation of--
(A) a transition government in Cuba; and
(B) a democratically elected government in Cuba.
(2) Types of assistance.--Support for the Cuban people
under the plan described in paragraph (1) shall include the
following types of assistance:
(A) Transition government.--(i) The plan developed
under paragraph (1)(A) for assistance to a transition
government in Cuba shall be limited to such food,
medicine, medical supplies and equipment, and other
assistance as may be necessary to meet the basic human
needs of the Cuban people.
(ii) When a transition government in Cuba is in
power, the President is encouraged to remove or modify
restrictions that may exist on--
(I) remittances by individuals to their
relatives of cash or humanitarian items, and
(II) on freedom to travel to visit Cuba
other than that the provision of such services
and costs in connection with such travel shall
be internationally competitive.
(iii) Upon transmittal to Congress of a
determination under section 203(a) that a transition
government in Cuba is in power, the President should
take such other steps as will encourage renewed
investment in Cuba to contribute to a stable foundation
for a democratically elected government in Cuba.
(B) Democratically elected government.--The plan
developed under paragraph (1)(B) for assistance for a
democratically elected government in Cuba should
consist of assistance to promote free market
development, private enterprise, and a mutually
beneficial trade relationship between the United States
and Cuba. Such assistance should include--
(i) financing, guarantees, and other
assistance provided by the Export-Import Bank
of the United States;
(ii) insurance, guarantees, and other
assistance provided by the Overseas Private
Investment Corporation for investment projects
in Cuba;
(iii) assistance provided by the Trade and
Development Agency;
(iv) international narcotics control
assistance provided under chapter 8 of part I
of the Foreign Assistance Act of 1961; and
(v) Peace Corps activities.
(c) International Efforts.--The President is encouraged to take the
necessary steps--
(1) to seek to obtain the agreement of other countries and
multinational organizations to provide assistance to a
transition government in Cuba and to a democratically elected
government in Cuba; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance programs.
(d) Report on Trade and Investment Relations.--
(1) Report to congress.--The President, following the
transmittal to the Congress of a determination under section
203(c) that a democratically elected government in Cuba is in
power, shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate and other appropriate congressional committees a report
that describes--
(A) acts, policies, and practices which 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 and 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; 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) Consultation.--The President shall consult with the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate and other 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).
(e) Communication With the Cuban People.--The President is
encouraged to take the necessary steps to communicate to the Cuban
people the plan developed under this section.
(f) 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.
SEC. 203. IMPLEMENTATION; REPORTS TO CONGRESS.
(a) Implementation With Respect to Transition Government.--Upon
making a determination, consistent with the requirements and factors in
section 205, that a transition government in Cuba is in power, the
President shall transmit that determination to the appropriate
congressional committees and should, subject to the authorization of
appropriations and the availability of appropriations, commence to
provide assistance pursuant to section 202(b)(2)(A).
(b) Reports to Congress.--(1) The President shall transmit to the
appropriate congressional committees a report setting forth the
strategy for providing assistance authorized under section 202(b)(2)(A)
to the transition government in Cuba, the types of such assistance, and
the extent to which such assistance has been distributed.
(2) 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 consult regularly with the appropriate
congressional committees regarding the development of the plan.
(c) Implementation With Respect to Democratically Elected
Government.--Upon making a determination, consistent with section 206,
that a democratically elected government in Cuba is in power, the
President shall transmit that determination to the appropriate
congressional committees and should, subject to the authorization of
appropriations and the availability of appropriations, commence to
provide such forms of assistance as may be included in the plan for
assistance pursuant to section 202(b)(2)(B).
(d) Annual Reports to Congress.--Once the President has transmitted
a determination referred to in either subsection (a) or (c), the
President shall, not later than 60 days after the end of each fiscal
year, transmit to the appropriate congressional committees a report on
the assistance to Cuba authorized under section 202, 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.
SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
(a) Presidential Actions.--Upon submitting a determination to the
appropriate congressional committees under section 203(a) 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 on Cuba and to suspend application of the right of
action created in section 302 as to actions thereafter filed against
the Government 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) 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)--
(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 (22 U.S.C. 6003, 6004(d), 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) 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) Procedure.--(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.
(a) A determination under section 203(a) that a transition
government in Cuba is in power shall not be made unless that government
has taken the following actions--
(1) legalized all political activity;
(2) released all political prisoners and allowed for
investigations of Cuban prisons by appropriate international
human rights organizations;
(3) dissolved 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; and
(4) has committed to organizing free and fair elections for
a new government--
(A) to be held in a timely manner within 2 years
after the transition government assumes power;
(B) 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
(C) to be conducted under the supervision of
internationally recognized observers, such as the
Organization of American States, the United Nations,
and other election monitors;
(b) In addition to the requirements in subsection (a), in
determining whether a transition government is in power in Cuba, the
President shall take into account the extent to which that government--
(1) is demonstrably in transition from communist
totalitarian dictatorship to representative democracy;
(2) has publicly committed itself to, and is making
demonstrable progress in--
(A) establishing an independent judiciary;
(B) respecting internationally recognized human
rights and basic freedoms as set forth in the Universal
Declaration of Human Rights;
(C) effectively guaranteeing the rights of free
speech and freedom of the press, including granting
permits to privately owned media and telecommunications
companies to operate in Cuba;
(D) permitting the reinstatement of citizenship to
Cuban-born nationals returning to Cuba;
(E) assuring the right to private property; and
(F) 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;
(3) has ceased any interference with broadcasts by Radio
Marti or the Television Marti Service;
(4) has given adequate assurances that it will allow the
speedy and efficient distribution of assistance to the Cuban
people; and
(5) permits the deployment throughout Cuba of independent
and unfettered international human rights monitors.
SEC. 206. FACTORS FOR DETERMINING A DEMOCRATICALLY ELECTED GOVERNMENT.
For purposes of determining under section 203(c) of this Act
whether a democratically elected government in Cuba is in power, the
President shall take into account whether, and the extent to which,
that government--
(1) results from free and fair elections--
(A) conducted under the supervision of
internationally recognized observers; and
(B) in which opposition parties were permitted
ample time to organize and campaign for such elections,
and in which all candidates in the elections were
permitted full access to the media;
(2) is showing respect for the basic civil liberties and
human rights of the citizens of Cuba;
(3) is substantially moving toward a market-oriented
economic system based on the right to own and enjoy property;
(4) is committed to making constitutional changes that
would ensure regular free and fair elections and the full
enjoyment of basic civil liberties and human rights by the
citizens of Cuba; and
(5) is continuing to comply with the requirements of
section 205.
SEC. 207. SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO CONFISCATED
PROPERTY IN CUBA.
(a) Support for a Transition Government.--Notwithstanding any other
provision of this Act--
(1) no assistance may be provided under the authority of
this Act to a transition government in Cuba, and
(2) the Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any loan or other utilization of
the funds of such bank or institution for the benefit of a
transition government in Cuba, except for assistance to meet
the emergency humanitarian needs of the Cuban people,
unless the President determines and certifies to Congress that such a
government has publicly committed itself, and is taking appropriate
steps, to establish a procedure under its law or through international
arbitration to provide for the return of, or prompt, adequate, and
effective compensation for, property confiscated by the Government of
Cuba on or after January 1, 1959, from any person or entity that is a
United States national who is described in section 620(a)(2) of the
Foreign Assistance Act of 1961.
(b) Support for a Democratically Elected Government.--
Notwithstanding any other provision of this Act--
(1) no assistance may be provided under the authority of
this Act to a democratically elected government in Cuba, and
(2) the Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any loan or other utilization of
the funds of such bank or institution for the benefit of a
democratically elected government in Cuba,
unless the President determines and certifies to Congress that such a
government has adopted and is effectively implementing a procedure
under its law or through international arbitration to provide for the
return of, or prompt, adequate, and effective compensation for,
property confiscated by the Government of Cuba on or after January 1,
1959, from any person or entity that is a United States national who is
described in section 620(a)(2) of the Foreign Assistance Act of 1961.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall provide a report to
the appropriate congressional committees containing an assessment of
the property dispute question in Cuba, including--
(1) an estimate of the number and amount of claims to
property confiscated by the Cuban Government held by United
States nationals beyond those certified under section 507 of
the International Claims Settlement Act of 1949,
(2) an assessment of the significance of promptly resolving
confiscated property claims to the revitalization of the Cuban
economy,
(3) a review and evaluation of technical and other
assistance that the United States could provide to help either
a transition government in Cuba or a democratically elected
government in Cuba establish mechanisms to resolve property
questions,
(4) an assessment of the role and types of support the
United States could provide to help resolve claims to property
confiscated by the Cuban Government held by United States
nationals who did not receive or qualify for certification
under section 507 of the International Claims Settlement Act of
1949, and
(5) an assessment of any areas requiring legislative review
or action regarding the resolution of property claims in Cuba
prior to a change of government in Cuba.
(d) Sense of Congress.--It is the sense of the Congress that the
satisfactory resolution of property claims by a Cuban Government
recognized by the United States remains an essential condition for the
full resumption of economic and diplomatic relations between the United
States and Cuba.
(e) Waiver.--The President may waive the prohibitions in
subsections (a) and (b) if the President determines and certifies to
the Congress that it is in the vital national interest of the United
States to provide assistance to contribute to the stable foundation for
a democratically elected government in Cuba.
Attest:
Secretary.
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104th CONGRESS
1st Session
H. R. 927
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AMENDMENT