[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