[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[Senate]
[Pages S15131-S15138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


   THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995

                                 ______


                    SIMON AMENDMENTS NOS. 2899-2900

  (Ordered to lie on the table.)
  Mr. SIMON submitted two amendments intended to be proposed by him to 
the amendment No. 2898 proposed by Mr. Dole to the bill (H.R. 927) 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; as follows:

                           Amendment No. 2899

       At the appropriate place in the bill, insert the following:
                      TITLE __--FREEDOM TO TRAVEL

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Freedom to Travel Act of 
     1995''.

     SEC. __2. TRAVEL TO FOREIGN COUNTRIES.

       (a) Freedom of Travel for United States Citizens and Legal 
     Residents.--The President shall not restrict travel abroad by 
     United States citizens or legal residents, except to 
     countries with which the United States is at war, where armed 
     hostilities are in progress, or where there is imminent 
     danger to the public health or the physical safety of United 
     States travelers.
       (b) International Emergency Economic Powers Act.--Section 
     203(b) of the International Emergency Economic Powers Act (50 
     U.S.C. 1702(b)) is amended--
       (1) by striking ``or'' at the end of paragraphs (2) and 
     (3); and
       (2) by amending paragraph (4) to read as follows:
       ``(4) any of the following transactions incident to travel 
     by individuals who are citizens or residents of the United 
     States:
       ``(A) any transactions ordinarily incident to travel to or 
     from any country, including the importation into a country or 
     the United 

[[Page S 15132]]
     States of accompanied baggage for personal use only;
       ``(B) any transactions ordinarily incident to travel or 
     maintenance within any country, including the payment of 
     living expenses and the acquisition of goods or services for 
     personal use;
       ``(C) any transactions ordinarily incident to the 
     arrangement, promotion, or facilitation of travel to, from, 
     or within a country;
       ``(D) any transactions incident to nonscheduled air, sea, 
     or land voyages, except that this subparagraph does not 
     authorize the carriage of articles into a country except 
     accompanied baggage; and
       ``(E) normal banking transactions incident to the 
     activities described in the preceding provisions of this 
     paragraph, including the issuance, clearing, processing, or 
     payment of checks, drafts, travelers checks, credit or debit 
     card instruments, or similar instruments;
     except that this paragraph does not authorize the importation 
     into the United States of any goods for personal consumption 
     acquired in another country other than those items described 
     in paragraphs (1) and (3); or''.
       (c) Amendments to Trading With the Enemy Act.--Section 5(b) 
     of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is 
     amended by adding at the end the following new paragraph:
       ``(5) The authority granted by the President in this 
     section does not include the authority to regulate or 
     prohibit, directly or indirectly, any of the following 
     transactions incident to travel by individuals who are 
     citizens or residents of the United States:
       ``(A) Any transactions ordinarily incident to travel to or 
     from any country, including importation into a country or the 
     United States of accompanied baggage for personal use only.
       ``(B) Any transactions ordinarily incident to travel or 
     maintenance within any country, including the payment of 
     living expenses and the acquisition of goods or services for 
     personal use.
       ``(C) Any transactions ordinarily incident to the 
     arrangement, promotion, or facilitation of travel to, from, 
     or within a country.
       ``(D) Any transactions incident to nonscheduled air, sea, 
     or land voyages, except that this subparagraph does not 
     authorize the carriage of articles into a country except 
     accompanied baggage.
       ``(E) Normal banking transactions incident to the 
     activities described in the preceding provisions of this 
     paragraph, including the issuance, clearing, processing, or 
     payment of checks, drafts, travelers checks, credit or debit 
     card instruments, negotiable instruments, or similar 
     instruments.
     This paragraph does not authorize the importation into the 
     United States of any goods for personal consumption acquired 
     in another country other than those items described in 
     paragraph (4).''.

     SEC. __3. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES 
                   AND EXCHANGES.

       (a) International Emergency Economic Powers Act.--Section 
     203(b) of the International Emergency Economic Powers Act (50 
     U.S.C. 1702(b)) is amended by adding after paragraph (4) the 
     following new paragraph:
       ``(5) financial or other transactions, or travel, incident 
     to--
       ``(A) activities of scholars;
       ``(B) other educational or academic activities;
       ``(C) exchanges in furtherance of any such activities;
       ``(D) cultural activities and exchanges; or
       ``(E) public exhibitions or performances by the nationals 
     of one country in another country,
     to the extent that any such activities, exchanges, 
     exhibitions, or performances are not otherwise controlled for 
     export under section 5 of the Export Administration Act of 
     1979 and to the extent that, with respect to such activities, 
     exchanges, exhibitions, or performances, no acts are 
     prohibited by chapter 37 of title 18, United States Code.''.
       (b) Trading With the Enemy Act.--Section 5(b) of the 
     Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended 
     by adding at the end the following new paragraph:
       ``(6) The authority granted to the President in this 
     subsection does not include the authority to regulate or 
     prohibit, directly or indirectly, financial or other 
     transactions, or travel, incident to--
       ``(A) activities of scholars;
       ``(B) other educational or academic activities;
       ``(C) exchanges in furtherance of any such activities;
       ``(D) cultural activities and exchanges; or
       ``(E) public exhibitions or performances by the nationals 
     of one country in another country,
     to the extent that any such activities, exchanges, 
     exhibitions, or performances are not otherwise controlled for 
     export under section 5 of the Export Administration Act of 
     1979 and to the extent that, with respect to such activities, 
     exchanges, exhibitions, or performances, no acts are 
     prohibited by chapter 37 of title 18, United States Code.''.

     SEC. __4. FOREIGN ASSISTANCE ACT OF 1961.

       Section 620(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2370(a)) is amended by adding at the end thereof the 
     following:
       ``(3) Notwithstanding paragraph (1), the authority granted 
     to the President in such paragraph does not include the 
     authority to regulate or prohibit, directly or indirectly, 
     any activities or transactions which may not be regulated or 
     prohibited under paragraph (5) or (6) of section 5(b) of the 
     Trading With the Enemy Act.''.

     SEC. __5. APPLICABILITY.

       (a) International Economic Emergency Powers Act.--The 
     amendments made by sections __2(a) and __3(a) apply to 
     actions taken by the President under section 203 of the 
     International Emergency Economic Powers Act before the date 
     of the enactment of this Act which are in effect on such date 
     of enactment, and to actions taken under such section on or 
     after such date.
       (b) Trading With the Enemy Act.--The authorities conferred 
     upon the President by section 5(b) of the Trading With the 
     Enemy Act, which were being exercised with respect to a 
     country on July 1, 1977, as a result of a national emergency 
     declared by the President before such date, and are being 
     exercised on the date of the enactment of this Act, do not 
     include the authority to regulate or prohibit, directly or 
     indirectly, any activity which under section 5(b)(5) or (6) 
     of the Trading With the Enemy Act (as added by this title) 
     may not be regulated or prohibited.
                                                                    ____


                           Amendment No. 2900

       Insert after section 103, the following new section:

     SEC. 103A. EXCEPTION TO THE ECONOMIC EMBARGO OF CUBA.

       (a) Amendment to Embargo Authority in the Foreign 
     Assistance Act of 1961.--Section 620(a)(1) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2370(a)(1)) is amended by 
     inserting before the period at the end of the second sentence 
     the following: ``, except that any such embargo shall not 
     apply with respect to the export of any food, medicines, or 
     medical supplies, instruments, or equipment.''
       (b) Limitaion on Existing Restrictions on Trade With 
     Cuba.--Upon the enactment of this Act, any regulation, 
     proclamation, or provision of law, including Presidential 
     Proclamation 3447 of February 3, 1962, the Export 
     Administration Regulations (15 CFR 368-399), and the Cuban 
     Assets Control Regulations (31 CFR 515), that prohibits 
     exports to Cuba or transactions involving exports to Cuba and 
     that is in effect on the date of the enactment of this Act, 
     shall not apply with respect to the export to Cuba of food, 
     medicines or medical supplies, instruments, or equipment.
       (c) Limitation on the Future Exercise of Authority.--
       (1) Export administration act of 1979.--After the enactment 
     of this Act, the President may not exercise the authorities 
     contained in the Export Administration Act of 1979 to 
     restrict the exportation to Cuba of food, medicines or 
     medical supplies, instruments, or equipment, except to the 
     extent such restrictions would be permitted under section 5 
     of that Act for goods containing parts or components subject 
     to export controls under such section.
       (2) International emergency economic powers act.--After the 
     enactment of this Act, the President may not exercise the 
     authorities contained in section 203 of the International 
     Emergency Economic Powers Act to restrict the export to Cuba 
     of food, medicines or medical supplies, instruments, or 
     equipment, to the extent such authorities are exercised to 
     deal with a threat to the national security of the United 
     States.
       (d) Conforming Amendments.--Section 1705 of Cuban Democracy 
     Act of 1992 (22 U.S.C. 6004) is amended--
       (1) by amending subsection (c)(1) to read as follows:
       ``(1) except to the extent such restrictions--
       ``(A) would be permitted under section 5 of the Export 
     Administration Act of 1979 for goods containing parts or 
     components subject to export controls under such section; or
       ``(B) are imposed under section 203 of the International 
     Emergency Economic Powers Act to deal with a threat to the 
     national security of the United States;''; and
       (2) by striking subsection (d) and redesignating 
     subsections (e), (f), and (g) as subsections (d), (e), and 
     (f), respectively.
                                 ______


                        BROWN AMENDMENT NO. 2901

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
amendment No. 2898 proposed by Mr. Dole to the bill H.R. 927, supra, as 
follows:

       In the appropriate place, insert a new section as follows:

     SEC.   . SENSE OF THE CONGRESS.

       (a) Findings.--The Congress finds that--
       (1) The purpose of the General Agreement on Tariffs and 
     Trade (hereafter in this amendment referred to as the 
     ``GATT'') and the World Trade Organization (hereafter in this 
     amendment referred to as the ``WTO'') is to enable member 
     countries to conduct trade based upon free market principles, 
     by limiting government intervention in the form of state 
     subsidies, by limiting nontariff barriers, and by encouraging 
     reciprocal reductions in tariffs among members;
       (2) The GATT/WTO is based on the assumption that the import 
     and export of goods are conducted by independent enterprises 
     responding to profit incentives and market forces;
       (3) The GATT/WTO requires that nonmarket economies 
     implement significant reforms to change centralized and 
     planned economic systems before becoming a full GATT/WTO 
     member and the existence of a 

[[Page S 15133]]
     decentralized and a free market economy is considered a precondition to 
     fair trade among GATT/WTO members;
       (4) The People's Republic of China (hereinafter referred to 
     as ``China'') and the Republic of China on Taiwan (hereafter 
     referred to as ``Taiwan'') applied for membership in the GATT 
     in 1986 and 1991, respectively, and Working Parties have been 
     established by the GATT to review their applications;
       (5) China insists that Taiwan's membership in the GATT/WTO 
     be granted only after China becomes a full member of the 
     GATT/WTO;
       (6) Taiwan has a free market economy that has existed for 
     over three decades, and is currently the fourteenth largest 
     trading nation in the world;
       (7) Taiwan has a gross national product that is the world's 
     twentieth largest, its foreign exchange reserves are among 
     the largest in the world and it has become the world's 
     seventh largest outbound investor;
       (8) Taiwan has made substantive progress in agreeing to 
     reduce upon GATT/WTO accession the tariff level of many 
     products, and non-tariff barriers;
       (9) Taiwan has also made significant progress in other 
     aspects of international trade, such as in intellectual 
     property protection and opening its financial services 
     market;
       (10) Despite some progress in reforming its economic 
     system, China still retains legal and institutional practices 
     that restrict free market competition and are incompatible 
     with GATT/WTO principles;
       (11) China still uses an intricate system of tariff and 
     non-tariff administrative controls to implement its 
     industrial and trade policies, and China's tariffs on foreign 
     goods, such as automobiles, can be as high as 150 percent, 
     even though China has made commitments in the market access 
     Memorandum of Understanding to reform significant parts of 
     its import regime;
       (12) China continues to use direct and indirect subsidies 
     to promote exports;
       (13) China often manipulates its exchange rate to impede 
     balance of payments adjustments and gain unfair competitive 
     advantages in trade;
       (14) Taiwan's and China's accession to the GATT/WTO have 
     important implications for the United States and the world 
     trading system.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the United States should separate Taiwan's application 
     for membership in the GATT/WTO from China's application for 
     membership in those organizations;
       (2) the United States should support Taiwan's earliest 
     membership in the GATT/WTO;
       (3) the United States should support the membership of 
     China in the GATT/WTO only if a sound bilateral commercial 
     agreement is reached between the United States and China, and 
     that China makes significant progress in making its economic 
     system compatible with GATT/WTO principles.
       (4) China's application for membership in the GATT/WTO 
     should be reviewed strictly in accordance with the rules, 
     guidelines, principles, precedents, and practices of the 
     GATT.
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 2902

  (Ordered to lie on the table.)
  Mr. BUMPERS (for himself, Mr. Brown, and Mr. Dorgan) submitted an 
amendment intended to be proposed by them to amendment No. 2898 
proposed by Mr. Dole to the bill H.R. 927, supra, as follows:

       At the end of the substitute, insert the following new 
     title:

               TITLE V--NATIONAL ENDOWMENT FOR DEMOCRACY

       (a) Notwithstanding any other provision of law, there are 
     authorized to be appropriated to the Director of the USIA $30 
     million for fiscal year 1996, $24 million for the fiscal year 
     1997, $18 million for the fiscal year 1998, $12 million for 
     the fiscal year 1999 and $6 million for the fiscal year 2000 
     to carry out the National Endowment for Democracy Act (Title 
     V of Public Law 98-164).
       (b) Of the funds authorized to be appropriated for the 
     fiscal year 1996, not more than 55%, excluding administrative 
     costs, shall be available only for the following 
     organizations, in equal allotments:
       (1) The International Republican Institute.
       (2) The National Democratic Institute.
       (3) The Free Trade Union Institute.
       (4) The Center for International Private Enterprise.
       In fiscal years 1997, 1998, 1999 and 2000 all grants 
     awarded by the National Endowment for Democracy to carry out 
     programs in furtherance of the National Endowment for 
     Democracy Act shall be made on a competitive basis.
       (c) It is the sense of the Senate that the National 
     Endowment for Democracy should fulfill its original mission 
     by completing the transition from federal funding to private 
     funding by the end of the fiscal year 2000.
                                 ______


                     DODD AMENDMENTS NOS. 2903-2912

  (Ordered to lie on the table.)
  Mr. DODD submitted 10 amendments intended to be proposed by him to 
amendment No. 2898 proposed by Mr. Dole to the bill H.R. 927, supra; as 
follows:

                           Amendment No. 2903

       On page 13 of the pending amendment beginning with line 34, 
     strike all through line 40 on page 14.
                                                                    ____


                           Amendment No. 2904

       On page 15 of the pending amendment beginning with line 2, 
     strike all through line 14 on page 16.
                                                                    ____


                           Amendment No. 2905

       On page 18 of the pending amendment beginning with line 2, 
     strike all through line 8 on page 21.
                                                                    ____


                           Amendment No. 2906

       On page 23 of the pending amendment beginning with line 18, 
     strike all through line 21 on page 24.
                                                                    ____


                           Amendment No. 2907

       On page 27 of the pending amendment beginning with line 37, 
     strike all through line 41 on page 28.
                                                                    ____


                           Amendment No. 2908

       On page 28 of the pending amendment beginning with line 42, 
     strike all through line 32 on page 32.
                                                                    ____


                           Amendment No. 2909

       On page 32 of the pending amendment beginning with line 33, 
     strike all through line 29 on page 40.
                                                                    ____


                           Amendment No. 2910

       Strike all after the first word of the pending amendment 
     and insert in lieu thereof the following:

     SEC. 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. 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 the 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 U.S. 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 U.S. 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 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 

[[Page S 15134]]
     fundamental human rights, as 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 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.
       (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 other wise, 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.
       (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.
       (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).
       (13) Transition government in cuba.--The term ``transition 
     government in Cuba'' means a government that the President 
     determines as being a transition government.

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

     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''.

     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--

[[Page S 15135]]

       (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.
       (c) Definition.--For purposes of this section, the term 
     ``international financial institution'' means that 
     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 that a democratically elected 
     government in Cuba is in power.
       (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 
     1944.

     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, 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 owed 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. 112. NEWS BUREAUS IN CUBA.

       (a) Establishment of News Bureau.--It is the sense of 
     Congress that the President should 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.

     SEC. 113. IMPACT ON LAWFUL U.S. 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 of 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.
       (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.
       (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 

[[Page S 15136]]
     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 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.
       (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 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, 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.
       (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.
       (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 the title 31, Code of Federal Regulations.
       (c) Additional Presidential Actions.--Upon submitting a 
     determination to the appropriate congressional committees 
     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 
     (222 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.
       Sec. 301. It is that sense of Congress that--
       (1) The wrongful confiscation or taking of property 
     belonging to United States nationals by the Cuban government, 
     and the subsequent exploitation of this property at the 
     expense of the rightful owner, undermines the comity of 
     nations, the free flow of commerce, and economic development.
       (2) It is in the interest of the Cuban people that the 
     government of Cuba respect equally the property rights of 
     Cuban and foreign nationals.
       (3) The Cuban government is offering foreign investors the 
     opportunity to purchase an equity interest in, manage, or 
     enter into joint ventures with property and assets some of 
     which were confiscated from United States nationals.
       (4) The U.S. State Department has notified other 
     governments that the transfer of properties confiscated by 
     the Cuban government to third parties ``would complicate any 
     attempt to return them to their original owners''.
                                                                    ____


                           Amendment No. 2911

       On page 27 of the pending amendment on line 3 strike all 
     after the word ``Cuba'' up to the period on line 7.
                                                                    ____


                           Amendment No. 2912

       On page 21 of the pending amendment beginning with line 10 
     strike all through line 34 and insert in lieu thereof the 
     following.
       (a) Establishment of News Bureaus.--The President should 
     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.--the President should 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.
                                 ______


                  MACK (AND OTHERS) AMENDMENT NO. 2913

  (Ordered to lie on the table.)
  Mr. MACK (for himself, Mr. Gramm, Mr. Lieberman, Mr. Helms, Mr. Dole, 
Mr. D'Amato, and Mr. Specter) submitted an amendment intended to be 
proposed by them to amendment No. 2898 proposed by Mr. Dole to the bill 
H.R. 927, supra; as follows:

       At the appropriate place in the substitute amendment, 
     insert the following new section:

     SEC.   . CONGRESSIONAL NOTIFICATION OF CONTACTS WITH CUBAN 
                   GOVERNMENT OFFICIALS.

       (a) Advanced Notification Required.--No funds made 
     available under any provision of law may be used for the 
     costs and expenses of negotiations, meetings, discussions, or 
     contacts between United States Government officials or 
     representatives and officials or representatives of the Cuban 
     government relating to normalization of relations between the 
     United States and Cuba unless 15 days in advance the 
     President has notified the Speaker of the House of 
     Representatives and the chairman of the Committee on Foreign 
     Relations of the Senate in accordance with procedures 
     applicable to reprogramming notifications under section 634A 
     of the Foreign Assistance Act of 1961.
       (b) Reports.--Within 15 days of any negotiations, meetings, 
     discussions, or contacts between individuals described in 
     subsection (a), with respect to any matter, the President 
     shall submit a report to the Speaker of the House of 
     Representatives and the chairman of the Committee on Foreign 
     Relations of the Senate detailing the individuals involved, 
     the matters discussed, and any agreements made, including 
     agreements to conduct future negotiations, meetings, 
     discussions, or contacts.
                                 ______


                       BRADLEY AMENDMENT NO. 2914

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted an amendment intended to be proposed by him 

[[Page S 15137]]
  to amendment No. 2898 proposed by Mr. Dole to the bill H.R. 927, supra; 
as follows:

       At the appropriate place in title I of the amendment, 
     insert the following new section:

     SEC.   . EXCEPTION TO RESTRICTION ON ASSISTANCE FOR THE 
                   INDEPENDENT STATES OF THE FORMER SOVIET UNION.

       Chapter 11 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2295 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 498D. EXCEPTION TO RESTRICTION ON ASSISTANCE FOR THE 
                   INDEPENDENT STATES OF THE FORMER SOVIET UNION.

       ``Notwithstanding any other provision of this chapter, 
     assistance under the secondary school exchange program 
     administered by the United States Information Agency is 
     authorized to be provided to the independent states of the 
     former Soviet Union.''.
                                 ______


                      ASHCROFT AMENDMENT NO. 2915

  Mr. ASHCROFT proposed an amendment to amendment No. 2898 proposed by 
Mr. Dole to the bill H.R. 927, supra; as follows:

       At the appropriate place, add the following:

     SEC.   . SENSE OF THE SENATE REGARDING CONSIDERATION OF A 
                   CONSTITUTIONAL AMENDMENT TO LIMIT CONGRESSIONAL 
                   TERMS.

       It is the sense of the Senate that the United States Senate 
     should pass, prior to the end of 1995, a constitutional 
     amendment limiting the number of terms Members of Congress 
     can serve.
                                 ______


                      ASHCROFT AMENDMENT NO. 2916

  Mr. ASHCROFT proposed an amendment to amendment No. 2915 proposed by 
him to amendment No. 2898 proposed by Mr. Dole to the bill H.R. 927, 
supra; as follows:

       Strike all after the word ``Sec.  .'' and insert the 
     following:

     SENSE OF THE SENATE REGARDING CONSIDERATION OF A 
                   CONSTITUTIONAL AMENDMENT TO LIMIT CONGRESSIONAL 
                   TERMS.

       Is is the sense of the Senate that the United States Senate 
     should pass, prior to the end of the First Session of the 
     104th Congress, a constitutional amendment limiting the 
     number of terms Members of Congress can serve.
                                 ______


                        GRAMM AMENDMENT NO. 2917

  (Ordered to lie on the table.)
  Mr. GRAMM submitted an amendment intended to be proposed by him to 
the amendment No. 2913 proposed by Mr. Mack to amendment No. 2898 
proposed by Mr. Dole to the bill (H.R. 927) supra; as follows:

       On page 2 of amendment number 2913, strike the 10 and 
     insert in lieu thereof, ``of 1961, and, in any event, no 
     funds made available under any provision of law may be used 
     for the costs and expenses of negotiations with officials or 
     representatives of the Cuban government by an official or 
     representative of the United States Government assigned to 
     the United States Interests Section in Cuba.''.
                                 ______


                        BROWN AMENDMENT NO. 2918

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
amendment No. 2898 proposed by Mr. Dole to the bill (H.R. 927) supra; 
as follows:

       In lieu of the pending amendment, insert the following:

     SEC.  . SENSE OF THE CONGRESS.

       (a) Findings.--The Congress finds that--
       (1) The purpose of the General Agreement on Tariffs and 
     Trade (hereafter in this amendment referred to as the 
     ``GATT'') and the World Trade Organization (hereafter in this 
     amendment referred to as the ``WTO'') is to enable member 
     countries to conduct trade based upon free market principles, 
     by limiting government intervention in the form of state 
     subsidies, by limiting nontariff barriers, and by encouraging 
     reciprocal reductions in tariffs among members;
       (2) The GATT/WTO is based on the assumption that the import 
     and export of goods are conducted by independent enterprises 
     responding to profit incentives and market forces;
       (3) The GATT/WTO requires that nonmarket economies 
     implement significant reforms to change centralized and 
     planned economic systems before becoming a full GATT/WTO 
     member and the existence of a decentralized and a free market 
     economy is considered a precondition to fair trade among 
     GATT/WTO members;
       (4) The People's Republic of China (hereinafter referred to 
     as ``China'') and the Republic of China on Taiwan 
     (hereinafter referred to as ``Taiwan'') applied for 
     membership in the GATT in 1986 and 1991, respectively, and 
     Working Parties have been established by the GATT to review 
     their applications;
       (5) China insists that Taiwan's membership in the GATT/WTO 
     be granted only after China becomes a full member of the 
     GATT/WTO;
       (6) Taiwan has a free market economy that has existed for 
     over three decades, and is currently the fourteenth largest 
     trading nation in the world;
       (7) Taiwan has a gross national product that is the world's 
     twentieth largest, its foreign exchange reserves are among 
     the largest in the world and it has become that world's 
     seventh largest outbound investor;
       (8) Taiwan has made substantive progress in agreeing to 
     reduce upon GATT/WTO accession the tariff level of many 
     products, and non-tariff barriers;
       (9) Taiwan has also made significant progress in other 
     aspects of international trade, such as in intellectual 
     property protection and opening its financial services 
     market;
       (10) Despite some progress in reforming its economic 
     system, China still retains legal and institutional practices 
     that restrict free market competition and are incompatible 
     with GATT/WTO principles;
       (11) China still uses an intricate system of tariff and 
     non-tariff administrative controls to implement its 
     industrial and trade policies, and China's tariffs on foreign 
     goods, such as automobiles, can be as high as 150 percent, 
     even though China has made commitments in the market access 
     Memorandum of Understanding to reform significant parts of 
     its import regime;
       (12) China continues to use direct and indirect subsidies 
     to promote exports;
       (13) China often manipulates its exchange rate to impede 
     balance of payments adjustments and gain unfair competitive 
     advantages in trade;
       (14) Taiwan's and China's accession to the GATT/WTO have 
     important implications for the United States and the world 
     trading system.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the United States should separate Taiwan's application 
     for membership in the GATT/WTO from China's application for 
     membership in those organizations;
       (2) the United States should support Taiwan's earliest 
     membership in the GATT/WTO;
       (3) the United States should support the membership of 
     China in the GATT/WTO only if a sound bilateral commercial 
     agreement is reached between the United States and China, and 
     that China makes significant progress in making its economic 
     system compatible with GATT/WTO principles;
       (4) China's application for membership in the GATT/WTO 
     should be reviewed strictly in accordance with the rules, 
     guidelines, principles, precedents, and practices of the 
     GATT; and
       (5) Both Taiwan's and China's accession to the GATT/WTO 
     have important implications for the United States and for the 
     world trading system.
                                 ______


                        HELMS AMENDMENT NO. 2919

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
the amendment No. 2900 proposed by Mr. Simon to the amendment No. 2898 
proposed by Mr. Dole to the bill (H.R. 927) supra; as follows:

       Strike all after the word ``SEC.'' and insert the 
     following:

     103A. EXCEPTION TO THE ECONOMIC EMBARGO OF CUBA.

       (a) Amendment to Embargo Authority in the Foreign 
     Assistance Act of 1961.--Section 620(a)(1) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2370(a)(1)) is amended by 
     inserting before the period at the end of the second sentence 
     the following: ``, except that any such embargo shall not 
     apply with respect to the export of any food, medicines, or 
     medical supplies, instruments, or equipment, if such export 
     would be provided directly to, and would directly benefit, 
     the Cuban people.''
       (b) Limitation on Existing Restrictions on Trade With 
     Cuba.--Upon the enactment of this Act, any regulation, 
     proclamation, or provision of law, including Presidential 
     Proclamation 3447 of February 3, 1962, the Export 
     Administration Regulations (15 CFR 368-399), and the Cuban 
     Assets Control Regulations (31 CFR 515), that prohibits 
     exports to Cuba or transactions involving exports to Cuba and 
     that is in effect on the date of the enactment of this Act, 
     shall not apply with respect to the export to Cuba to food, 
     medicines or medical supplies, instruments, or equipment, if 
     such effort would be provided directly to, and would directly 
     benefit, the Cuban people.
       (c) Limitation on the Future Exercise of Authority.--
       (1) Export administration act of 1979.--After the enactment 
     of this Act, the President may not exercise the authorities 
     contained in the Export Administration Act of 1979 to 
     restrict the exportation to Cuba of food, medicines or 
     medical supplies, instruments, or equipment, except to the 
     extent such restrictions would be permitted under section 5 
     of that Act for goods containing parts or components subject 
     to export controls under such section.
       (2) International emergency economic powers act.--After the 
     enactment of this Act, the President may not exercise the 
     authorities contained in section 203 of the International 
     Emergency Economic Powers Act to restrict the export to Cuba 
     of food, medicines or medical supplies, instruments, or 
     equipment, to the extent such authorities are exercised to 
     deal with a threat to the national security of the United 
     States.

[[Page S 15138]]

       (2), the exportation of food, medicines, or medical 
     supplies, instruments, or equipment may only be made under 
     such paragraph if the export would be provided directly to, 
     and would directly benefit, the Cuban people.
       (d) Conforming Amendments.--Section 1705 of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6004) is amended--
       (1) by amending subsection (c)(1) to read as follows:
       ``(1) except to the extent such restrictions--
       ``(A) would be permitted under section 5 of the Export 
     Administration Act of 1979 for goods containing parts or 
     components subject to export controls under such section; or
       ``(B) are imposed under section 203 of the International 
     Emergency Economic Powers Act to deal with a threat to the 
     national security of the United States;''; and
       (2) by striking subsection (d) and redesignating 
     subsections (e), (f), and (g) as subsections (d), (e), and 
     (f), respectively.

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