[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[Senate]
[Pages S15100-S15102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995

  The Senate continued with the consideration of the bill.


                           Amendment No. 2898

  Mr. GRAHAM. Mr. President, am I correct that the pending business is 
the amendment offered by Senator Dole as a substitute to H.R. 927?
  The PRESIDING OFFICER. That is correct.
  Mr. GRAHAM. I thank the Chair.
  Mr. President, it is my purpose today to reiterate my support as an 
original cosponsor of legislation introduced by Senator Helms, now the 
substitute amendment offered by Senator Dole, to the Cuban Liberty and 
Democratic Solidarity Act.
  I was the Senate sponsor in 1992 of the Cuban Democracy Act.
  This legislation reiterated the policy of the United States relative 
to the 

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Castro regime in Cuba and emphasized that the United States had no ill 
feeling for the people of Cuba, in fact, that the United States 
citizens shared in the pain of the people of Cuba and desired to reach 
out to them in ways that would ease that pain while facilitating a 
transition from their authoritarian regime.
  The Cuban Democracy Act of 1992 was a continuation of the spirit of 
bipartisanship which has characterized United States policy toward Cuba 
since the emergence of the dictator, Fidel Castro. Through Democratic 
and Republican Presidents and Congresses we have had a consistent 
policy of political and economic isolation of the Castro regime. And 
particularly since the fall of the Soviet Union and the end of the 
significant subsidy which the Soviet Union had supplied to the Cuban 
regime, we have had a bipartisan policy of reaching out directly to the 
people of Cuba.
  The adoption of the Cuban Democracy Act of 1992 sent a clear and 
concerted message of common purpose with the people of Cuba. The Cuban 
Democracy Act helped force an economic crisis for Castro's government, 
a crisis which has reached the point that he has now begun to 
contemplate economic reforms. There is some evidence that he is 
beginning to ease some of the restrictions which he holds on the Cuban 
people.
  Unfortunately, it has not resulted in any movement toward 
liberalization of his political regime in terms of steps toward 
democratic government, nor has it resulted in any significant 
improvement in human rights. In fact, in areas such as the treatment of 
human rights activists, the treatment of journalists, in just the past 
few months, the Castro regime seems to have increased its attempts to 
control its people.
  This legislation that is before us today continues the two-track 
policy of restraint on the regime through the embargo, isolation, 
economically and politically, of the Castro regime and, on the second 
track, an effort to reach out to the Cuban people. This legislation 
strengthens the embargo and at the same time indicates our continued 
admiration and desire to see the day when freedom and democracy will be 
available to the Cuban people.
  This legislation increases the pressure on the Cuban Government by 
tightening the embargo. It prohibits the Cuban Government from 
profiting from confiscated property. This legislation has already 
deterred the flow of foreign capital to the Castro regime as investors 
who are anxious to enter into business partnerships with the Castro 
government have been closely monitoring this legislation awaiting 
action by the United States.
  For the Cuban people, this bill reaches out to demonstrate our common 
purpose. As an example, in the area of strengthening radio and 
television Marti, this legislation will facilitate the exchange of 
information from the United States to the Cuban people with the aim of 
fostering dialog and stimulating activism at the grassroots level.
  The Cuban Liberty and Democratic Solidarity Act builds an apparatus 
for the peaceful transition of a post-Castro Cuba to a free, democratic 
society. By conditioning United States assistance to Cuba's commitment 
to change, this legislation helps prevent another dictator from 
ascending to power in Cuba.
  President Clinton's recent actions, actions of just last week, were 
consistent with the purposes of the Cuban Democracy Act and consistent 
with the purposes of the bill before us today. The President's actions 
followed on the two-track approach. It stepped up the enforcement of 
the embargo by strengthening the Office of Foreign Asset Control both 
here in Washington and, as the Cuban Democracy Act provided, the Office 
of Foreign Asset Control in Miami. These offices monitor and enforce 
the embargo.
  As part of the effort to foster democracy at the grassroots level, 
President Clinton has taken the following actions: He has allowed 
United States nongovernmental organizations, such as Freedom House, to 
work in Cuba to promote human rights and democratic actions; he has 
permitted transfer of communications equipment to Cuban nongovernmental 
organizations so that they will have an opportunity to communicate 
among themselves and with the rest of the free world, exchange of news 
bureaus, authorizing the issuance of licenses for United States news 
bureaus in Cuba; and permitted travel on a case-by-case basis for 
humanitarian, religious, and educational purposes. All of those 
initiatives are part of the effort to demonstrate to the Cuban people 
our common resolve.
  This legislation is a continuation of a consistent, bipartisan Cuban 
policy and a bold step toward the goal of a democratic, free Cuba. This 
vote is a measure of our resolve not to aid or abet the government of 
Fidel Castro. We are unwavering in our commitment to freedom and 
democracy in the Western Hemisphere. We are anxious for the day when 
this last holdout of authoritarianism within our own hemisphere is 
eliminated.
  Congress has a great opportunity to send a message, to send a message 
to Fidel Castro and to the rest of the world, that the United States 
stands firm in its conviction against totalitarian regimes. We all 
await with hope the day that a free and independent Cuba will have a 
normal and friendly relationship with the United States. Until that 
day, we must firmly let Fidel Castro know that we are not interested in 
contributing to his oppressive rule and remain vigilant to the threat 
that he poses.
  Thank you, Mr. President. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAIG. Mr. President, I stand this afternoon in support of the 
Cuban Liberty and Democratic Solidarity Act of 1995. This is the next 
step in a long road leading toward releasing Castro's dictatorial ties 
that have bound the people of Cuba for so many years.
  This legislation includes a number of provisions which would 
strengthen international sanctions against the Castro government in 
Cuba, develop a plan to support a transition government leading to a 
democratically elected government in Cuba, and enact provisions 
addressing the unauthorized use of United States citizen-owned property 
confiscated by the Castro government.
  I agree with the intent of this legislation, which is to help bring 
freedom and democracy to Cuba. Mr. President, Libertad is a 
comprehensive bill designed to increase the pressure on Fidel Castro 
and bring about fundamental political and economic reforms. This is not 
a case of Americans forcing a solution on Cuba. Instead, it is Cubans 
who are crying for this assistance to which we are responding.
  It is my understanding that 47 dissident leaders who are currently 
inside Cuba have, at great personal risk, publicly endorsed the Helms 
bill. This support came in a letter sent to the chairman from Havana 
and organized by dissident leader Elizardo Sampedro Marin of the 
Democratic Solidarity Party.
  The letter reiterates the need to not only maintain but strengthen 
the current embargo, and the letter states:

       The economic embargo maintained by subsequent 
     administrations has begun to make its effects felt not 
     against the people, but against those who cling to power. 
     Those effects are felt after the downfall of the socialist 
     camp, which forced the Havana regime to improvise economic 
     moves, waiting for the miracle to pull them out of a very 
     difficult situation.

  Mr. President, those who are inside fighting for freedom and 
democracy in Cuba support the efforts of this legislation and see it as 
the best path toward democracy for Cuba. In addition, we should address 
Castro's needs for hard currency to continue to prop up his 
dictatorship.
  It is my understanding that a number of press reports indicate that 
the mere existence of this legislation and pending passage have had an 
impact on Castro's efforts to generate that hard currency. His efforts 
to tempt foreign investors into Cuba by auctioning off properties that 
were illegally confiscated without compensation from Americans must be 
curtailed.
  To assist the Cuban people to regain their freedom and prosperity is 
the first goal of this legislation.
  The second is to strengthen international sanctions against Cuba. The 


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third is, this bill should provide for the national security of the 
United States. Fourth is, to encourage free and fair elections in Cuba. 
Fifth is, to provide a policy framework for United States support to 
the Cuban people during a transition to democracy. Sixth is, to protect 
American nationals against confiscatory taking and unauthorized use of 
their confiscated property.

  Mr. President, there has been a great deal of debate on title III of 
this bill, and, certainly, I have had my own concerns as well. However, 
I appreciate the efforts of the chairman. He has worked hard at 
offering this bill and clarifying the intent of the legislation to 
ensure that certified claimants have priority in all events to assets 
of the Cuban Government in settling property claims.
  In closing, I just add that we must not lose sight of the overall 
intent of this legislation. Embracing Fidel Castro at this time is not 
going to lead to freedom and democracy in Cuba. Therefore, I hope my 
colleagues will support this very important piece of legislation that 
Chairman Helms and the committee have labored long and hard at 
providing.
  Would the Senator from North Carolina entertain a question?
  Mr. HELMS. I would be glad to respond to the distinguished Senator 
from Idaho.
  Mr. CRAIG. Some of my constituents have raised questions as to 
whether this legislation will unleash a wave of thousands of lawsuits 
tying up our courts and establishing, in effect, a new Cuban claims 
program for Cuban-Americans to the detriment of certified claimants. 
Are these fears, in any way, justified?
  Mr. HELMS. I am very glad the Senator asked that question because it 
appears that there has been organized fearmongering regarding this 
legislation by a few who, are not content to wait until it is lawful 
for Americans to deal with a free and independent Cuba. Instead, these 
people seem intent on cutting their own early deal with the evil 
dictator, Castro, at the expense of the Cuban people. I have previously 
said that I am expecting to hear soon that the Libertad bill is the 
cause of the common cold.
  There is nothing in this bill which disadvantages certified American 
claimants; on the contrary, there is much that enhances their status. 
And there is nothing in this bill that will result in a wave of 
lawsuits that will burden our courts.
  In the first instance, this bill particularly recognizes and 
restricts the U.S. Government's espousal responsibilities to certified 
claimants. The Libertad bill also specifically ties the President's 
authority to provide foreign assistance or to support international 
credit to a new government in Cuba to that government's public 
commitment and initiation of a process to respond positively to the 
certified claimants' property claims.
  The bill advantages certified claimants by restricting the right of 
action--the right to sue foreigners for compensation--to require that 
recoveries from traffickers will reduce the amount recovering claimants 
can otherwise obtain from the U.S. Government's espousal. And it is not 
a possible to obtain default judgments against the current government 
in Cuba under this bill, thus assuring that additional claims will not 
burden the new government.
  Title III also protects the settlement amount of all certified claims 
by denying a claim to, participation in, or interest in any settlement 
proceeds by: First, those who were not eligible to file under the 
International Claims Settlement Act of 1949 but did not do so; second, 
those who were not eligible to file under the International Claims 
Settlement Act; or third, any Cuban national, including the Cuban 
Government. Such an exclusive provision does not now exist. The 
Libertad bill will make it clear, in a statute, who can receive the 
benefits of any settlement of certified property claims with the Cuban 
Government. In short, it is the bill's intent that certified claimants 
have priority to assets of the Cuban Government in settling property 
claims.
  The President is authorized to suspend the right of action when a 
transition government comes to power, and he is already authorized 
under existing law to terminate any lawsuits then underway. Thus, this 
statute will not impede the President's authority to negotiate with a 
transition Cuban Government.
  The right of action is itself an important weapon for certified 
claimants to assure their property will still be intact when freedom 
comes.
  Let me point out some other reasons why the Libertad will not result 
in a flood of litigation. The bill provides a 180-day grace period, 
beginning on the bill's date of enactment, for traffickers to stop 
their violation of our citizen's property rights. There is an 
additional 30-day notice required before exemplary additional damages 
can be sought. Furthermore, the jurisdictional requirements mandate 
that the plaintiff must be a U.S. citizen with a claim to commercial 
property valued in excess of $50,000 that is being unjustly exploited 
by a third party. The bill requires that the defendant must be properly 
found within the jurisdiction of U.S. courts. The bill denies the use 
of the right of action when a property claim has been traded or 
transferred into U.S. jurisdiction after the bill's enactment.
  As I have previously stated, it also discourages suits against the 
present government in Cuba and requires that the defendant be proven to 
have knowingly and intentionally trafficked in the property after the 
6-month period following the bill's enactment. The Congressional Budget 
Office has estimated that only a few cases would qualify under these 
stringent requirements.
  The point of these requirements is to ensure that only commercially 
significant cases are filed and adjudicated. I hope you will agree that 
we have accomplished our goal and that this will reassure your 
constituents that they have been falsely informed regarding what this 
bill does.
  Mr. CRAIG. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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