[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5620 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5620

To amend the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
  1996 to exclude from the United States aliens who contribute to the 
ability of Cuba to develop petroleum resources located off Cuba's coast 
   and to provide for the imposition of sanctions and prohibition on 
  facilitation of development of Cuba's petroleum resources, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2010

 Ms. Ros-Lehtinen (for herself, Ms. Wasserman Schultz, Mr. Mario Diaz-
 Balart of Florida, Mr. Sires, and Mr. Lincoln Diaz-Balart of Florida) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committees on Foreign Affairs, 
 Financial Services, and Oversight and Government Reform, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
  1996 to exclude from the United States aliens who contribute to the 
ability of Cuba to develop petroleum resources located off Cuba's coast 
   and to provide for the imposition of sanctions and prohibition on 
  facilitation of development of Cuba's petroleum resources, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caribbean Coral Reef Protection Act 
of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In July 2008, a Presidential Directive banning United 
        States offshore drilling and gas development in the Outer 
        Continental Shelf was lifted.
            (2) In October 2008, Brazilian President Luiz Inacio Lula 
        da Silva visited Cuba to sign agreements allowing state-run 
        Petroleo Brasileiro SA to invest $8 million initially for a 
        seven-year, deep-water exploration project north of Cuba.
            (3) In July 2009, the Russian oil company Zarubezhneft 
        signed four oil exploration contracts with Cuba Petroleo to 
        search for oil in Cuba's deep offshore fields. Zarubezhneft 
        general director Nikolay Brunich said the company has signed 
        four contracts, all for terms of 25 years.
            (4) As of June 2010, eight foreign oil companies had signed 
        agreements with the Cuban regime for the exploration of oil and 
        gas off the shores of Cuba. Repsol of Spain, StatOil of Norway, 
        and ONGC of India are partners in a joint project, while 
        Petrobras of Brazil, PdVSA of Venezuela, ONGC of India, 
        Petronas of Malaysia, and PetroVietnam also have additional 
        concessions, and Sonangol of Angola and CNPC of China are in 
        negotiations for concessions.
            (5) As of June 2010, five foreign companies had secured 
        land and marine block concessions from the Cuban regime, 
        including PdVSA of Venezuela, Sinopec of China, Sherritt of 
        Canada, Zarubezhneft of Russia, and PetroVietnam.
            (6) As of 2010, in addition to exploration and development 
        investments, Venezuela's state oil firm PDVSA has helped the 
        Cuban regime reactivate and retrofit its Cienfuegos facility, a 
        refinery owned by United States company, Texaco, before it was 
        confiscated by the regime.
            (7) On April 20, 2010, the Deepwater Horizon oil rig, 
        exploded in the Gulf of Mexico, killing eleven crewmen. Two 
        days later, the Deepwater Horizon sank 48 miles from United 
        States shores, leaving its oil well gushing an estimated 2 
        million gallons of oil per day.
            (8) The explosion on Deepwater Horizon and ensuing oil 
        spill has resulted in the largest environmental disaster in 
        United States history, causing irreparable damage to the 
        fragile marine ecosystem in the Gulf of Mexico as well as 
        numerous species of wildlife.
            (9) Drilling by or under the authorization of the current 
        Cuban regime in Cuban waters, a mere 45 miles from the Florida 
        Keys, poses a serious economic and environmental threat to the 
        United States.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) undertake the necessary measures to deny the Government 
        of Cuba, the Cuban Communist Party, or any agent or 
        instrumentality of either, the financial resources to engage in 
        activities that threaten--
                    (A) United States national security, its interests, 
                and its allies;
                    (B) Florida's marine environment, including the 
                most extensive living coral reef system in North 
                American waters and the third largest in the world;
                    (C) the environment and natural resources of the 
                submerged lands located off Cuba's coast; and
                    (D) to prolong the dictatorship that oppresses the 
                Cuban people; and
            (2) deter foreign investments that would enhance the 
        ability of the Government of Cuba, or any agent or 
        instrumentality thereof, to develop its petroleum resources.

SEC. 4. EXCLUSION OF CERTAIN ALIENS.

    (a) In General.--The Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting 
after section 401 the following new section:

``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE 
              TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES 
              LOCATED OFF CUBA'S COAST.

    ``(a) In General.--The Secretary of State shall deny a visa to, and 
the Secretary of Homeland Security shall exclude from the United 
States, any alien who the Secretary of State determines is a person 
who--
            ``(1) is an officer or principal of an entity, or a 
        shareholder who owns a controlling interest in an entity, that, 
        on or after January 10, 2005, has made or makes an investment 
        that equals or exceeds $1,000,000 (or any combination of 
        investments that in the aggregate equals or exceeds $1,000,000 
        in any 12-month period), that contributes to the enhancement of 
        the ability of the Government of Cuba, or any agent or 
        instrumentality thereof, to develop petroleum resources of the 
        submerged lands located off Cuba's coast; or
            ``(2) is a spouse, minor child, or agent of a person 
        described in paragraph (1).
    ``(b) Waiver.--The Secretary of State may waive the application of 
subsection (a) if the Secretary certifies and reports to the 
appropriate congressional committees, on a case-by-case basis, that the 
admission to the United States of a person described in subsection 
(a)--
            ``(1) is necessary for critical medical reasons or for 
        purposes of litigation of an action under title III of this 
        Act; or
            ``(2) is appropriate if the requirements of sections 204, 
        205, and 206 of this Act have been satisfied.
    ``(c) Definitions.--In this section:
            ``(1) Agent and instrumentality.--The terms `agent' and 
        `instrumentality' shall include the Cuban Communist Party.
            ``(2) Develop.--The term `develop', with respect to 
        petroleum resources, means the exploration for, or the 
        extraction, refining, or transportation by pipeline or other 
        means of, petroleum resources.
            ``(3) Investment.--The term `investment' means any of the 
        following activities if such activity is undertaken pursuant to 
        an agreement, or pursuant to the exercise of rights under such 
        an agreement, that was or is entered into with the Government 
        of Cuba (or any agency or instrumentality thereof) or a 
        nongovernmental entity in Cuba, on or after January 10, 2005:
                    ``(A) The entry into a contract that includes 
                responsibility for the development of petroleum 
                resources of the submerged lands located off Cuba's 
                coast, or the entry into a contract providing for the 
                general supervision and guarantee of another person's 
                performance of such a contract.
                    ``(B) The purchase of a share of ownership, 
                including an equity interest, in such development.
                    ``(C) The entry into a contract providing for the 
                participation in royalties, earnings, or profits in 
                such development, without regard to the form of the 
                participation.
                    ``(D) The entry into, performance, or financing of 
                a contract to sell or purchase goods, services, or 
                technology related to such development.
            ``(4) Petroleum resources.--The term `petroleum resources' 
        includes petroleum and natural gas resources, petroleum by 
        products, and liquified natural gas.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to aliens seeking admission to the United States on or after the date 
of the enactment of this Act.

SEC. 5. IMPOSITION OF SANCTIONS AND PROHIBITION ON FACILITATION OF 
              DEVELOPMENT OF CUBA'S PETROLEUM RESOURCES.

    (a) In General.--If the President determines that a person has, on 
or after January 10, 2005, made an investment that equals or exceeds 
$1,000,000 (or any combination of investments that in the aggregate 
equals or exceeds $1,000,000 in any 12-month period) that contributes 
to the enhancement of the ability of the Government of Cuba, or any 
agent or instrumentality thereof, to develop petroleum resources of the 
submerged lands located off Cuba's coast, or has made an investment of 
any amount of money that contributes to such an enhancement and has 
trafficked in confiscated United States property, the President shall 
impose two or more of the following sanctions:
            (1) Prohibition on loans and guarantees.--Prohibit the 
        issuance by the Overseas Private Investment Corporation, the 
        Export-Import Bank, or any other United States instrument of 
        any loan, guarantee, insurance, extension of credit, or 
        participation in the extension of credit in connection with the 
        export of any goods or services to any sanctioned person.
            (2) Export sanction.--Prohibit the issuance by the United 
        States Government of any specific license and or other specific 
        permission or authority to export any goods or technology to a 
        sanctioned person under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (3) Prohibitions on financial institutions.--The following 
        prohibitions may be imposed against a sanctioned person that is 
        a financial institution:
                    (A) Prohibition on designation as primary dealer.--
                Prohibit the Board of Governors of the Federal Reserve 
                System and the Federal Reserve Bank of New York from 
                designating, or permitting the continuation of any 
                prior designation of, such financial institution as a 
                primary dealer in United States Government debt 
                instruments.
                    (B) Prohibition on service as a repository of 
                government funds.--Prohibit such financial institution 
                from serving as agent of the United States Government 
                or serving as repository for United States Government 
                funds.
        The imposition of either sanction under subparagraph (A) or (B) 
        shall be treated as one sanction for purposes of this section, 
        and the imposition of both such sanctions shall be treated as 
        two sanctions for purposes of this section.
            (4) Procurement sanction.--Prohibit the United States 
        Government from procuring, or entering into any contract for 
        the procurement of, any goods or services from a sanctioned 
        person.
    (b) Termination of Sanctions.--Sanctions imposed pursuant to 
subsection (a) shall terminate if the President determines and 
certifies to the appropriate congressional committees that the 
requirements of sections 204, 205, and 206 of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064, 6065, and 
6066) have been satisfied.
    (c) Prohibition on Facilitation by United States Persons of Cuba's 
Ability To Develop Petroleum Resources.--It shall be unlawful for any 
United States person to provide materials, technical equipment, or 
other assistance that contributes to the enhancement of Cuba's ability 
to develop petroleum resources of the submerged lands located off 
Cuba's coast.
    (d) Reports by Secretary of State.--Not later than 180 days after 
the date of the enactment of this Act and every 180 days thereafter, 
the Secretary of State shall submit to the Committee on Foreign Affairs 
and the Committee on Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate a report relating to--
            (1) investments that equal or exceed $1,000,000 (or any 
        combination of investments that in the aggregate equals or 
        exceeds $1,000,000 in any 12-month period) that contribute to 
        the enhancement of the ability of the Government of Cuba, or 
        any agent or instrumentality thereof, to develop petroleum 
        resources of the submerged lands located off Cuba's coast, 
        including information relating to the values of such 
        investments, the identity of the persons making such 
        investments, and proposed investments that would satisfy such 
        criteria, and information relating to any sanctions that have 
        been imposed pursuant to subsection (a) as a result of such 
        investments; and
            (2) investments of any amount of money, in conjunction with 
        trafficking in confiscated United States property, that 
        contribute to such an enhancement, including information 
        relating to the values of such investments, the identity of the 
        persons making such investments, and the identity of such 
        confiscated property, and information relating to any sanctions 
        that have been imposed pursuant to subsection (a) as a result 
        of such investments.
    (e) Assessments of Environmental Impacts of Development of Cuba's 
Petroleum Resources.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of State, in consultation with the Secretary of the 
        Interior and the Administrator of the Environmental Protection 
        Agency, shall submit to the Committee on Foreign Affairs and 
        the Committee on Natural Resources of the House of 
        Representatives and the Committee on Foreign Relations and the 
        Committee on Energy and Natural Resources of the Senate a 
        report containing an assessment of the impact that the 
        development of Cuba's petroleum resources has had on the 
        environment and natural resources of the submerged lands 
        located off Cuba's coast and Florida's marine environment.
            (2) Use of environmental impact statements.--In preparing 
        the assessment, the Secretary of State shall use as a model 
        environmental impact statements prepared pursuant to the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the terms ``appropriate congressional committees'', 
        ``confiscated'', ``person'', ``property'', and ``traffics'' 
        have the meaning given such terms in section 4 of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
        U.S.C. 6023), except that the term ``person'' shall also 
        include, for purposes of this section, a foreign subsidiary of 
        a person and United States subsidiary of a foreign person;
            (2) the terms ``develop'', ``investment'', and ``petroleum 
        resources'' have the meaning given such terms in section 402(c) 
        of such Act, as added by section 4 of this Act; and
            (3) the terms ``agent'' and ``instrumentality'' shall 
        include the Cuban Communist Party.
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