[Congressional Record Volume 141, Number 42 (Tuesday, March 7, 1995)]
[Senate]
[Pages S3631-S3635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EMERGENCY SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS ACT

                                 ______


                BINGAMAN (AND OTHERS) AMENDMENT NO. 321

  Mr. BINGAMAN (for himself, Mr. Nunn, Mr. Lieberman, Mr. Rockefeller, 
Mr. Kerrey, Mr. Kennedy, and Mr. Dodd) proposed an amendment to the 
bill, (H.R. 889) making emergency supplemental appropriations and 
rescissions to preserve and enhance the military readiness of the 
Department of Defense for the fiscal year ending September 30, 1995, 
and for other purposes; as follows:

       At the end of the amendment add the following:
       Sec. 110. It is the sense of the Senate that (1) cost-
     shared partnerships between the Department of Defense and the 
     private sector to develop dual-use technologies (technologies 
     that have applications both for defense and for commercial 
     markets, such as computers, electronics, advanced materials, 
     communications, and sensors) are increasingly important to 
     ensure efficient use of defense procurement resources, and 
     (2) such partnerships, including Sematech and the Technology 
     Reinvestment Project, need to become the norm for conducting 
     such applied research by the Department of Defense.
                                 ______


                        McCAIN AMENDMENT NO. 322

  Mr. McCAIN proposed an amendment to the bill H.R. 889, supra; as 
follows:

       On page 21, line 9, strike out ``$300,000,000'' and insert 
     in lieu thereof ``$150,000,000''.
       On page 22, line 15, strike out ``$351,000,000'' and insert 
     in lieu thereof ``$653,000,000''.
                                 ______


                McCONNELL (AND OTHERS) AMENDMENT NO. 323

  Mr. HATFIELD (for Mr. McConnell, for himself, Mr. Leahy, Mr. 
Jeffords, and Mr. Lautenberg) proposed an amendment to the bill H.R. 
889, supra; as follows:

       On page 27, between lines 6 and 7, insert the following:


       contribution to the international development association

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-306, $70 million are rescinded.
       In lieu of the Committee amendment on page 27, lines 21 
     through 25, insert the following:


                      development assistance fund

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-87 and Public Law 103-306, $13,000,000 are rescinded.


          assistance for eastern europe and the baltic states

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-87 and Public Law 103-306, $9,000,000 are rescinded.


  assistance for the new independent states of the former soviet union

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-87 and Public Law 103-306, $18,000,000 are rescinded, 
     of which not less than $12,000,000 shall be derived from 
     funds allocated for Russia.
                                 ______


                 GRAMM (AND HOLLINGS) AMENDMENT NO. 324

  Mr. HATFIELD (for Mr. Gramm for himself and Mr. Hollings) proposed an 
amendment to the bill H.R. 889, supra; as follows:

       On page 25 of the Committee bill, strike line 14 through 
     line 12 on page 26, and insert in lieu thereof the following:

                        ``DEPARTMENT OF JUSTICE

                 Immigration and Naturalization Service

                       Immigration Emergency Fund


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-317, $10,000,000 are rescinded.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     Industrial Technology Services


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-317 for the Advanced Technology Program, $32,000,000 
     are rescinded.

            NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

                  Operations, Research and Facilities


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-317, $2,500,000 are rescinded.

       NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

                   Information Infrastructure Grants


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-317, $34,000,000 are rescinded.

                  ECONOMIC DEVELOPMENT ADMINISTRATION

                Economic Development Assistance Programs


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-317, $40,000,000 are rescinded.

                            RELATED AGENCIES

                     SMALL BUSINESS ADMINISTRATION

                         Salaries and Expenses


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-317 for tree-planting grants pursuant to section 24 
     of the Small Business Act, as amended, $15,000,000 are 
     rescinded.

                       LEGAL SERVICES CORPORATION

               Payment to the Legal Services Corporation


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-317 for payment to the Legal Services Corporation to 
     carry out the purposes of the Legal Services Corporation Act 
     of 1974, as amended, $15,000,000 are rescinded.
        [[Page S3632]] DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

            Acquisition and Maintenance of Buildings Abroad


                              (rescission)

       Of unobligated balances available under this heading, 
     $28,500,000 are rescinded.
                                 ______


                HELMS (AND FAIRCLOTH) AMENDMENT NO. 325

  Mr. HELMS (for himself and Mr. Faircloth) proposed an amendment to 
the bill H.R. 889, supra; as follows:

       At the end of title I, insert the following:

     SEC. 1  . FORT BRAGG, NORTH CAROLINA.

       Notwithstanding any other law, for fiscal year 1995 and 
     each fiscal year thereafter, the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) shall not apply with respect to 
     land under the jurisdiction of the Department of the Army at 
     Fort Bragg, North Carolina.
                                 ______


                  HELMS (AND OTHERS) AMENDMENT NO. 326

  Mr. HELMS (for himself, Mr. Dole, Mr. Mack, Mr. Coverdell, Mr. 
Graham, Mr. D'Amato, Mr. Hatch, Mr. Gramm, Mr. Thurmond, Mr. Faircloth, 
Mr. Gregg, Mr. Inhofe, Mr. Hollings, Ms. Snowe, Mr. Kyl, Mr. Thomas, 
Mr. Smith, Mr. Lieberman, Mr. Warner, Mr. Nickles, and Mr. Robb) 
proposed an amendment to the bill H.R. 889, supra; as follows:

       At the end of the bill, add the following:
  TITLE __--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 
                                  1995

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1995''.

     SEC. __02. 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 its subsidization by 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 70 
     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 arming of groups 
     dedicated to international violence.
       (9) The Government of Cuba engages in illegal international 
     narcotics trade and harbors fugitives from justice in the 
     United States.
       (10) 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.
       (11) 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.
       (12) The Cuban people deserve to be assisted in a decisive 
     manner in order to end the tyranny that has oppressed them 
     for 36 years.
       (13) Radio Marti and Television Marti have both been 
     effective vehicles for providing the people of Cuba with news 
     and information and have helped to bolster the morale of the 
     Cubans living under tyranny.
       (14) 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. __03. PURPOSES.

       The purposes of this title are--
       (1) to strengthen international sanctions against the 
     Castro government;
       (2) to encourage the holding of free and fair democratic 
     elections in Cuba, conducted under the supervision of 
     internationally recognized observers;
       (3) 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
       (4) to protect the rights of United States persons who own 
     claims to confiscated property abroad.

     SEC. __04. DEFINITIONS.

       As used in this title--
       (1) 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.
       (2) Confiscated.--The term ``confiscated'' refers to the 
     nationalization, expropriation, or other seizure of ownership 
     or control of property by governmental authority--
       (A) without adequate and effective compensation or in 
     violation of the law of the place where the property was 
     situated when the confiscation occurred; and
       (B) without the claim to the property having been settled 
     pursuant to an international claims settlement agreement.
       (3) Cuban government.--The term ``Cuban government'' 
     includes the government of any political subdivision, agency, 
     or instrumentality of the Government of Cuba.
       (4) Democratically elected government in cuba.--The term 
     ``democratically elected government in Cuba'' means a 
     government described in section __26.
       (5) 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, and the Export Administration 
     Act of 1979.
       (6) Property.--The term ``property'' means--
       (A) any property, right, or interest, including any 
     leasehold interest,
       (B) debts owed by a foreign government or by any enterprise 
     which has been confiscated by a foreign government; and
       (C) debts which are a charge on property confiscated by a 
     foreign government.
       (7) Traffics.--The term ``traffics'' means selling, 
     transferring, distributing, dispensing, or otherwise 
     disposing of property, or purchasing, receiving, possessing, 
     obtaining control of, managing, or using property.
       (8) Transition government in cuba.--The term ``transition 
     government in Cuba'' means a government described in section 
     __25.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) any United States citizen, including, in the context of 
     claims to confiscated property, any person who becomes a 
     United States citizen after the property was confiscated but 
     before final resolution of the claim to that property; and
       (B) any corporation, trust, partnership, or other juridical 
     entity 50 percent or more beneficially owned by United States 
     citizens.

   PART A--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

     SEC. __11. 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, which is similar to consultations conducted by 
     United States representatives with respect to Haiti; and
       (3) any resumption of efforts by any independent state of 
     the former Soviet Union to make operational the nuclear 
     facility at Cienfuegos, Cuba, will have a detrimental impact 
     on United States assistance to such state.

     SEC. __12. 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.
       (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.
     [[Page S3633]]   (b) Diplomatic Efforts.--The Secretary of 
     State should ensure that United States diplomatic personnel 
     abroad understand and, in their contacts with foreign 
     officials are--
       (1) communicating the reasons for the United States 
     economic embargo of Cuba; and
       (2) 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) Violations of Restrictions on Travel to Cuba.--The 
     penalties provided for in section 16 of the Trading with the 
     Enemy Act (50 U.S.C. App. 16) shall apply to all violations 
     of the Cuban Assets Control Regulations (part 515 of title 
     31, Code of Federal Regulations) involving transactions 
     incident to travel to and within Cuba.

     SEC. __13. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

       (a) Prohibition.--Effective upon the date of enactment of 
     this title, it is unlawful for any United States person, 
     including any officer, director, or agent thereof and 
     including any officer or employee of a United States agency, 
     knowingly to extend any loan, credit, or other financing to a 
     foreign person that traffics in any property confiscated by 
     the Cuban government the claim to which is owned by a United 
     States person.
       (b) Termination of Prohibition.--The prohibition of 
     subsection (a) shall cease to apply on the date of 
     termination of the economic embargo of Cuba.
       (c) Penalties.--Violations of subsection (a) shall be 
     punishable by the same penalties as are applicable to similar 
     violations of the Cuban Assets Control Regulations in part 
     515 of title 31, Code of Federal Regulations.
       (d) Definitions.--As used in this section--
       (1) the term ``foreign person'' means (A) an alien, and (B) 
     any corporation, trust, partnership, or other juridical 
     entity that is not 50 percent or more beneficially owned by 
     United States citizens; and
       (2) the term ``United States agency'' has the same meaning 
     given to the term ``agency'' in section 551(1) of title 5, 
     United States Code.

     SEC. __14. 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 vote against the 
     admission of Cuba as a member of such institution until Cuba 
     holds free and fair, democratic elections, conducted under 
     the supervision of internationally recognized observers.
       (2) During the period that a transition government in Cuba 
     is in power, the President shall take steps to support the 
     processing of Cuba's application for membership in any 
     international financial institution, subject to the 
     membership taking effect after a democratically elected 
     government in Cuba is in power.
       (b) Reduction in United States Payments to International 
     Financial Institutions.--If any international financial 
     institution approves a loan or other assistance to Cuba 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. __15. UNITED STATES OPPOSITION TO READMISSION OF THE 
                   GOVERNMENT OF CUBA TO THE ORGANIZATION OF 
                   AMERICAN STATES.

       The President should instruct the United States Permanent 
     Representative to the Organization of American States to vote 
     against the readmission of the Government of Cuba to 
     membership in the Organization until the President determines 
     under section __23(c) that a democratically elected 
     government in Cuba is in power.
     SEC. __16. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER 
                   SOVIET UNION OF THE GOVERNMENT OF CUBA.

       (a) Reporting Requirement.--Not later than 90 days after 
     the date of enactment of this title, the President shall 
     submit to the appropriate congressional committees a report 
     detailing progress towards the withdrawal of personnel of any 
     independent state of the former Soviet Union (within the 
     meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 
     5801)), including advisers, technicians, and military 
     personnel, from the Cienfuegos nuclear facility in Cuba.
       (b) Criteria for Assistance.--Section 498A(a)(11) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(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) 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; and
       ``(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.''.
       (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, 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 Military and 
     Intelligence Facilities in Cuba.--(1) Notwithstanding any 
     other provision of law, the President shall withhold from 
     assistance allocated for an independent state of the former 
     Soviet Union under this chapter an amount equal to the sum of 
     assistance and credits, if any, provided by such state in 
     support of military and intelligence facilities in Cuba, such 
     as the intelligence facility at Lourdes, Cuba.
       ``(2) Nothing in this subsection may be construed to apply 
     to--
       ``(A) assistance provided under the Soviet Nuclear Threat 
     Reduction Act of 1991 (title II of Public Law 102-228) or the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160); or
       ``(B) assistance to meet urgent humanitarian needs under 
     section 498(1), including disaster assistance described in 
     subsection (c)(3) of this section.''.

     SEC. __17. 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 title, 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).

     SEC. __18. 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 title, and every year thereafter, 
     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--
       (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 person;
       (5) a determination of the amount of Cuban debt owed to 
     each foreign country, including the amount of debt exchanged, 
     forgiven, or reduced under the terms of each investment or 
     operation in Cuba involving foreign nationals or businesses; 
     and
     [[Page S3634]]   (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.
     SEC. __19. IMPORTATION SANCTION AGAINST CERTAIN CUBAN TRADING 
                   PARTNERS.

       (a) Sanction.--Notwithstanding any other provision of law, 
     sugars, syrups, and molasses, that are the product of a 
     country that the President determines has imported sugar, 
     syrup, or molasses that is the product of Cuba, shall not be 
     entered, or withdrawn from warehouse for consumption, into 
     the customs territory of the United States, unless the 
     condition set forth in subsection (b) is met.
       (b) Condition for Removal of Sanction.--The sanction set 
     forth in subsection (a) shall cease to apply to a country if 
     the country certifies to the President that the country will 
     not import sugar, syrup, or molasses that is the product of 
     Cuba until free and fair elections, conducted under the 
     supervision of internationally recognized observers, are held 
     in Cuba. Such certification shall cease to be effective if 
     the President makes a subsequent determination under 
     subsection (a) with respect to that country.
       (c) Reports to Congress.--The President shall report to the 
     appropriate congressional committees all determinations made 
     under subsection (a) and all certifications made under 
     subsection (b).
       (d) Reallocation of Sugar Quotas.--During any period in 
     which a sanction under subsection (a) is in effect with 
     respect to a country, the President may reallocate to other 
     countries the quota of sugars, syrups, and molasses allocated 
     to that country, before the prohibition went into effect, 
     under chapter 17 of the Harmonized Tariff Schedule of the 
     United States.

            PART B--SUPPORT FOR A FREE AND INDEPENDENT CUBA

     SEC. __21. 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 restore diplomatic relations with Cuba, and support 
     the reintegration of Cuba into entities of the Inter-American 
     System, when the President determines that there exists a 
     democratically elected government in Cuba;
       (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. __22. AUTHORIZATION OF 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, as determined under section __23 (a) and (c).
       (2) Effect on other laws.--
       (A) Superseding other laws.--Subject to subparagraph (B), 
     assistance may be provided under this section notwithstanding 
     any other provision of law.
       (B) Determination required regarding property taken from 
     united states persons.--Subparagraph (A) shall not apply to 
     section 620(a)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2370(a)(2)).
       (b) Response Plan.--
       (1) Development of plan.--The President shall develop a 
     plan detailing 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.--Assistance under the plan 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 emergency humanitarian 
     needs of the Cuban people.
       (B) Democratically elected government.--Assistance under 
     the plan for a democratically elected government in Cuba 
     shall 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) Caribbean Basin Initiative.--(1) The President shall 
     determine, as part of the plan developed under subsection 
     (b), whether or not to designate Cuba as a beneficiary 
     country under section 212 of the Caribbean Basin Economic 
     Recovery Act.
       (2) Any designation of Cuba as a beneficiary country under 
     section 212 of such Act may only be made after a 
     democratically elected government in Cuba is in power.
      Such designation may be made notwithstanding any other 
     provision of law.
       (3) The table contained in section 212(b) of the Caribbean 
     Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by 
     inserting ``Cuba'' between ``Costa Rica'' and ``Dominica''.
       (d) Trade Agreements.--Notwithstanding any other provision 
     of law, the President, upon transmittal to Congress of a 
     determination under section __23(c) that a democratically 
     elected government in Cuba is in power, should--
       (1) take the steps necessary to extend nondiscriminatory 
     trade treatment (most-favored-nation status) to the products 
     of Cuba; and
       (2) take such other steps as will encourage renewed 
     investment in Cuba.
       (e) Communication With the Cuban People.--The President 
     should 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 title, the President shall 
     transmit to the appropriate congressional committees a report 
     describing in detail the plan developed under this section.

     SEC. __23. IMPLEMENTATION; REPORTS TO CONGRESS.

       (a) Implementation With Respect to Transition Government.--
     Upon making a determination that a transition government in 
     Cuba is in power, the President shall transmit that 
     determination to the appropriate congressional committees and 
     should, subject to the availability of appropriations, 
     commence the provision of assistance to such transition 
     government under the plan developed under section __22(b).
       (b) Reports to Congress.--(1) The President shall transmit 
     to the appropriate congressional committees a report setting 
     forth the strategy for providing assistance described in 
     section __22(b)(2)(A) to the transition government in Cuba 
     under the plan of assistance developed under section __22(b), 
     the types of such assistance, and the extent to which such 
     assistance has been distributed in accordance with the plan.
       (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 transmit the 
     report in preliminary form not later than 15 days after 
     making that determination.
       (c) Implementation With Respect to Democratically Elected 
     Government.--The President shall, upon determining that a 
     democratically elected government in Cuba is in power, 
     transmit that determination to the appropriate congressional 
     committees and should, subject to the availability of 
     appropriations, commence the provision of assistance to such 
     democratically elected government under the plan developed 
     under section __22(b)(2)(B).
       (d) Annual Reports to Congress.--Not later than 60 days 
     after the end of each fiscal year, the President shall 
     transmit to the appropriate congressional committees a report 
     on the assistance provided under the plan developed under 
     section __22(b), including a description of each type of 
     assistance, the amounts expended for such assistance, and a 
     description of the assistance to be provided under the plan 
     in the current fiscal year.

     SEC. __24. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

       (a) Termination.--Upon the effective date of this section--
       (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) the prohibitions on transactions described in part 515 
     of title 31, Code of Federal Regulations, shall cease to 
     apply; and
       (4) the President shall take such other steps as may be 
     necessary to rescind any other regulations in effect under 
     the economic embargo of Cuba.
       (b) Effective Date.--This section shall take effect upon 
     transmittal to Congress of a determination under section 
     __23(c) that a democratically elected government in Cuba is 
     in power.

     SEC. __25. REQUIREMENTS FOR A TRANSITION GOVERNMENT.

       For purposes of this title, a transition government in Cuba 
     is a government in Cuba that--
       (1) is demonstrably in transition from communist 
     totalitarian dictatorship to representative democracy;
       (2) has released all political prisoners and allowed for 
     investigations of Cuban prisons by appropriate international 
     human rights organizations;
       (3) has 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;
     [[Page S3635]]   (4) 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, to which Cuba is a signatory nation;
       (C) effectively guaranteeing the rights of free speech and 
     freedom of the press;
       (D) permitting the reinstatement of citizenship to Cuban-
     born nationals returning to Cuba;
       (E) organizing free and fair elections for a new 
     government--
       (i) to be held within 1 year after the transition 
     government assumes power;
       (ii) with the participation of multiple independent 
     political parties that have full access to the media on an 
     equal basis, including (in the case of radio, television, or 
     other telecommunications media) in terms of allotments of 
     time for such access and the times of day such allotments are 
     given; and
       (iii) to be conducted under the supervision of 
     internationally recognized observers, such as the 
     Organization of American States, the United Nations, and 
     other elections monitors;
       (F) assuring the right to private property;
       (G) taking appropriate steps to return to United States 
     citizens and entities property taken by the Government of 
     Cuba from such citizens and entities on or after January 1, 
     1959, or to provide equitable compensation to such citizens 
     and entities for such property;
       (H) having a currency that is fully convertible 
     domestically and internationally;
       (I) granting permits to privately owned telecommunications 
     and media companies to operate in Cuba; and
       (J) allowing the establishment of an independent labor 
     movement and of independent social, economic, and political 
     associations;
       (5) does not include Fidel Castro or Raul Castro;
       (6) has given adequate assurances that it will allow the 
     speedy and efficient distribution of assistance to the Cuban 
     people; and
       (7) permits the deployment throughout Cuba of independent 
     and unfettered international human rights monitors.

     SEC. __26. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED 
                   GOVERNMENT.

       For purposes of this title, a democratically elected 
     government in Cuba, in addition to continuing to comply with 
     the requirements of section __25, is a government in Cuba 
     which--
       (1) results from free and fair elections--
       (A) conducted under the supervision of internationally 
     recognized observers;
       (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) has established an independent judiciary;
       (4) is substantially moving toward a market-oriented 
     economic system based on the right to own and enjoy property;
       (5) is committed to making constitutional changes that 
     would ensure regular free and fair elections that meet the 
     requirements of paragraph (2); and
       (6) has returned to United States citizens, and entities 
     which are 50 percent or more beneficially owned by United 
     States citizens, property taken by the Government of Cuba 
     from such citizens and entities on or after January 1, 1959, 
     or provided full compensation in accordance with 
     international law standards and practice to such citizens and 
     entities for such property.

         PART C--PROTECTION OF AMERICAN PROPERTY RIGHTS ABROAD

     SEC. __31. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO 
                   HAVE CONFISCATED PROPERTY CLAIMED BY UNITED 
                   STATES PERSONS.

       (a) Additional Grounds for Exclusion.--Section 212(a)(9) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)) is 
     amended by adding at the end the following:
       ``(D) Aliens who have confiscated american property abroad 
     and related persons.--(i) Any alien who--
       ``(I) has confiscated, or has directed or overseen the 
     confiscation of, property the claim to which is owned by a 
     United States person, or converts or has converted for 
     personal gain confiscated property, the
      claim to which is owned by a United States person;
       ``(II) traffics in confiscated property, the claim to which 
     is owned by a United States person;
       ``(III) is a corporate officer, principal, or shareholder 
     of an entity which the Secretary of State determines or is 
     informed by competent authority has been involved in the 
     confiscation, trafficking in, or subsequent unauthorized use 
     or benefit from confiscated property, the claim to which is 
     owned by a United States person, or
       ``(IV) is a spouse or dependent of a person described in 
     subclause (I),

     is excludable.
       ``(ii) The validity of claims under this subparagraph shall 
     be established in accordance with section 303 of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1995.
       ``(iii) For purposes of this subparagraph, the terms 
     `confiscated', `traffics', and `United States person' have 
     the same meanings given to such terms under section 4 of the 
     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
     1995.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to individuals seeking to enter the United States 
     on or after the date of enactment of this title.
     SEC. __32. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY 
                   CLAIMED BY UNITED STATES PERSONS.

       (a) Civil Remedy.--(1) Except as provided in paragraphs (2) 
     and (3), any person or government that traffics in property 
     confiscated by a foreign government shall be liable to the 
     United States person who owns the claim to the confiscated 
     property for money damages in an amount which is the greater 
     of--
       (A) the amount certified by the Foreign Claims Settlement 
     Commission under title V of the International Claims 
     Settlement Act of 1949, plus interest at the commercially 
     recognized normal rate;
       (B) the amount determined under section __33(a)(2); or
       (C) the fair market value of that property, calculated as 
     being the then current value of the property, or the value of 
     the property when confiscated plus interest at the 
     commercially recognized normal rate, whichever is greater.
       (2) Except as provided in paragraph (3), any person or 
     government that traffics in confiscated property after having 
     received (A) notice of a claim to ownership of the property 
     by the United States person who owns the claim to the 
     confiscated property, and (B) a copy of this section, shall 
     be liable to such United States person for money damages in 
     an amount which is treble the amount specified in paragraph 
     (1).
       (3)(A) Actions may be brought under paragraph (1) with 
     respect to property confiscated before, on, or after the date 
     of enactment of this title.
       (B) In the case of property confiscated before the date of 
     enactment of this title, no United States person may bring an 
     action under this section unless such person acquired 
     ownership of the claim to the confiscated property before 
     such date.
       (C) In the case of property confiscated on or after the 
     date of enactment of this title, in order to maintain the 
     action, the United States person who is the plaintiff must 
     demonstrate to the court that the plaintiff has taken 
     reasonable steps to exhaust all available local remedies.
       (b) Jurisdiction.--Chapter 85 of title 28, United States 
     Code, is amended by inserting after section 1331 the 
     following new section:

     ``Sec. 1331a. Civil actions involving confiscated property

       ``The district courts shall have exclusive jurisdiction, 
     without regard to the amount in controversy, of any action 
     brought under section 302 of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1995.''.
       (c) Waiver of Sovereign Immunity.--Section 1605 of title 
     28, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(7) in which the action is brought with respect to 
     confiscated property under section 302 of the Cuban Liberty 
     and Democratic Solidarity (LIBERTAD) Act of 1995.''.

     SEC. __33. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

       (a) Evidence of Ownership.--For purposes of this title, 
     conclusive evidence of ownership by the United States person 
     of a claim to confiscated property is established--
       (1) when the Foreign Claims Settlement Commission certifies 
     the claim under title V of the International Claims 
     Settlement Act of 1949, as amended by subsection (b); or
       (2) when the claim has been determined to be valid by a 
     court or administrative agency of the country in which the 
     property was confiscated.
       (b) Amendment of the International Claims Settlement Act of 
     1949.--Title V of the International Claims Settlement Act of 
     1949 is amended by adding at the end the following new 
     section:


                          ``ADDITIONAL CLAIMS

       ``Sec. 514. Notwithstanding any other provision of this 
     title, a United States national may bring a claim to the 
     Commission for determination and certification under this 
     title of the amount and validity of a claim resulting from 
     actions taken by the Government of Cuba described in section 
     503(a), whether or not the United States national qualified 
     as a United States national at the time of the Cuban 
     government action, except that, in the case of property 
     confiscated after the date of enactment of this section, the 
     claimant must be a United States national at the time of the 
     confiscation.''.
       (c) Conforming Repeal.--Section 510 of the International 
     Claims Settlement Act of 1949 (22 U.S.C. 1643i) is repealed.
     

                          ____________________