[Congressional Record Volume 141, Number 160 (Tuesday, October 17, 1995)]
[Senate]
[Pages S15247-S15257]
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

                                 ______


            KEMPTHORNE (AND CRAIG) AMENDMENTS NOS. 2928-2929

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by them to 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. 2928

       At the end, insert the following:
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, any person or entity, including 
     any agency or instrumentality of a foreign state, shall be 
     deemed to have received the notices described in subsections 
     (B)(i) and (B)(ii) with respect to any claim certified prior 
     to the effective date hereof by the Foreign Claims Settlement 
     Commission.
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, an action may be brought under 
     Title III by a United States national only where the amount 
     in controversy exceeds $50,000, exclusive of costs, 
     attorneys' fees, and exclusive interest under sections 
     302(a)(i)(I), (II), and (III), and exclusive of any 
     additional sums under section 302(a)(3)(B).
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, a United States national who was 
     eligible to file the underlying claim in the action with the 
     Foreign Claims Settlement Commission under Title V of the 
     International Claims Settlement Act of 1949 but did not so 
     file the claim may not bring an action under this Title.
       (  ) Notwithstanding any other provisions of this Act, but 
     for purposes of Title III, in the event some or all actions 
     or claims filed under this section are consolidated by 
     judicial or other action in such manner as to create a pool 
     of assets available to satisfy such claims, including a pool 
     of assets in a proceeding in bankruptcy, every certified 
     claimant who filed such an action or claim which is 
     consolidated in such manner with other claims shall be 
     entitled to payment in full of its claim from the assets in 
     such pool prior to any payment from the assets in such pool 
     with respect to any claim not certified by the Foreign Claims 
     Settlement Commission.
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, in the case of any action brought 
     under this Title by a United States national whose underlying 
     claim in the action was timely filed with the Foreign Claims 
     Settlement Commission under Title V of the International 
     Claims Settlement Act of 1949 but was denied by the 
     Commission, the court shall accept the findings of the 
     Commission on the claim as conclusive in the action under 
     this Title.
                                                                    ____


                           Amendment No. 2929

       At the end, insert the following:
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, any person or entity, including 
     any agency or instrumentality of a foreign state, shall be 
     deemed to have received the notices described in subsections 
     (B)(i) and (B)(ii) with respect to any claim certified prior 
     to the effective date hereof by the Foreign Claims Settlement 
     Commission.
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, an action may be brought under 
     Title III by a United States national only where the amount 
     in controversy exceeds $50,000, exclusive of costs, 
     attorneys' fees, and exclusive interest under sections 
     302(a)(i) (I), (II), and (III), and exclusive of any 
     additional sums under section 302(a)(3)(B).
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, a United States national who was 
     eligible to file the underlying claim in the action with the 
     Foreign Claims Settlement Commission under Title V of the 
     International Claims Settlement Act of 1949 but did not so 
     file the claim may not bring an action under this Title.
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, in the event some or all actions 
     or claims filed under this section are consolidated by 
     judicial or other action in such manner as to create a pool 
     of assets available to satisfy such claims, including a pool 
     of assets in a proceeding in bankruptcy, every certified 
     claimant who filed such an action or claim which is 
     consolidated in such manner with other claims shall be 
     entitled to payment in full of its claim from the assets in 
     such pool prior to any payment from the assets in such pool 
     with respect to any claim not certified by the Foreign Claims 
     Settlement Commission.
       (  ) Notwithstanding any other provision of this Act, but 
     for purposes of Title III, in the case of any action brought 
     under this Title by a United States national whose underlying 
     claim in the action was timely filed with the Foreign Claims 
     Settlement Commission under Title V of the International 
     Claims Settlement Act of 1949 but was denied by the 
     Commission, the court shall accept the findings of the 
     Commission on the claim as conclusive in the action under 
     this Title.
       (  ) Notwithstanding any other provision of this Act, any 
     provisions in this Act related to the import of sugar or 
     sugar products shall be deemed ``sense of the Congress'' 
     language.
                                 ______


                   BRADLEY AMENDMENTS NOS. 2930-2931

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted two 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. 2930

       On page 14, strike line 1 and all that follows through line 
     14 on page 16 and insert in lieu thereof the following:
       ``(5) except for assistance under the secondary school 
     exchange program administered by the United States 
     Information Agency, for the government of any independent 
     state effective 30 days after the President has determined 
     and certified to the appropriate congressional committees 
     (and Congress has not enacted legislation disapproving the 
     determination without 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. 
     2298b(k)), is amended by adding at the end the following:
       ``(3) Nonmarket based trade.--As used in section 
     498A(b)(5), the term `nonmarket based trade' includes 
     exports, imports, exchanges, or other arrangements that are 
     provided for goods and services (including oil and other 
     petroleum products) on terms more favorable than those 
     generally available in applicable markets or for comparable 
     commodities, including--
       ``(A) exports to the Government of Cuba on terms that 
     involve a grant, concessional price, guarantee, insurance, or 
     subsidy;
       ``(B) imports from the Government of Cuba at preferential 
     tariff rates;
       ``(C) exchange arrangements that include advance delivery 
     of commodities, arrangements in which the Government of Cuba 
     is not held accountable for unfulfilled exchange contracts, 
     and arrangements under which Cuba does not pay appropriate 
     transportation, insurance, or finance costs; and
       ``(D) the exchange, reduction, or forgiveness of Cuban 
     government debt in return for a grant by the Cuban government 
     of an equity interest in a property, investment, or operation 
     of the Government of Cuba or of a Cuban national.''.
       ``(4) Cuban Government.--(A) The term Cuban government 
     includes the government of any political subdivision of Cuba, 
     and any agency or instrumentality of the Government of Cuba.
       ``(B) For purposes of subparagraph (A), the term `agency or 
     instrumentality' is used within the meaning of section 
     1603(b) of title 28, United States Code.''.
       (d) Facilities at Lourdes, Cuba.--(1) The Congress express 
     its strong disapproval of the extension by Russia of credits 
     equivalent to $200,000,000 in support of the intelligence 
     facility at Lourdes, Cuba, announced in November 1994.
       (2) Section 498A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2295a) is amended by adding at the end the following 
     new subsection:
       ``(d) Reduction in Assistance for Support of Intelligence 
     Facilities in Cuba.--(1) Notwithstanding any other provision 
     of law, the President shall withhold from assistance 
     provided, on or after the date of enactment 

[[Page S 15248]]
     of this subsection, for an independent state of the former Soviet Union 
     under this Act an amount equal to the sum of assistance and 
     credits, if any, provided on or after such date by such state 
     in support of intelligence facilities in Cuba, including the 
     intelligence facility at Lourdes, Cuba.
       ``(2)(A) the President may waive the requirement of 
     paragraph (1) to withhold assistance if the President 
     certifies to the appropriate congressional committees that 
     the provision of such assistance is important to the national 
     security of the United States, and, in the case of such a 
     certification made with respect to Russia, if the President 
     certifies that the Russian Government has assured the United 
     States Government that the Russian Government is not sharing 
     intelligence data collected at the Lourdes facility with 
     officials or agents of the Cuban Government.
       ``(B) At the time of a certification made with respect to 
     Russia pursuant to subparagraph (A), the President shall also 
     submit to the appropriate congressional committees a report 
     describing the intelligence activities of Russia in Cuba, 
     including the purposes for which the Lourdes facility is used 
     by the Russian Government and the extent to which the Russian 
     Government provides payment or government credits to the 
     Cuban Government for the continued use of the Lourdes 
     facility.
       ``(C) the report required by subparagraph (B) may be 
     submitted in classified form.
       ``(D) For purposes of this paragraph, the term `appropriate 
     congressional committees' includes the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
       ``(3) The requirement of paragraph (1) to withhold 
     assistance shall not apply with respect to--
       ``(A) assistance to meet urgent humanitarian needs, 
     including disaster and refugee relief;
       ``(B) democratic political reform and rule of law 
     activities;
       ``(C) technical assistance for safety upgrades of civilian 
     nuclear power plants;
       ``(D) the creation of private sector and nongovernmental 
     organizations that are independent of government control;
       ``(E) the development of a free market economic system;
       ``(F) assistance under the secondary school exchange 
     program administered by the United States Information Agency; 
     or
       ``(G) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160)''.
                                                                    ____


                           Amendment No. 1931

       In lieu of the matter proposed to be inserted by the 
     amendment, insert the following:
       The language beginning on page 14, line 1, through line 14 
     on page 16 is deemed to be as follows:
       ``(5) except for assistance under the secondary school 
     exchange program administered by the United States 
     Information Agency, for the government of any independent 
     state effective 30 days after the President has determined 
     and certified to the appropriate congressional committees 
     (and Congress has not enacted legislation disapproving the 
     determination within the 30-day period) that such government 
     is providing assistance for, or engaging in nonmarket based 
     trade (as defined in section 498B(k)(3)) with, the Government 
     of Cuba; or''.
       (2) Subsection (k) of section 498B of that Act. (22 U.S.C. 
     2295b(k)), is amended by adding at the end the following:
       ``(3) Nonmarket based trade.--As used in, section 
     498A(b)(5), the term `nonmarket based trade' includes 
     exports, imports, exchanges, or other arrangements that are 
     provided for goods and services (including oil and other 
     petroleum products) on terms more favorable than those 
     generally available in applicable markets or for comparable 
     commodities, including--
       ``(A) exports to the Government of Cuba on terms that 
     involve a grant, concessional price, guarantee, insurance, or 
     subsidy;
       ``(B) imports from the Government of Cuba at preferential 
     tariff rates;
       ``(C) exchange arrangements that include advance delivery 
     of commodities, arrangements in which the Government of Cuba 
     is not held accountable for unfulfilled exchange contracts, 
     and arrangements under which Cuba does not pay appropriate 
     transportation, insurance, or finance costs; and
       ``(D) the exchange, reduction, or forgiveness of Cuban 
     government debt in return for a grant by the Cuban government 
     of an equity interest in a property, investment, or operation 
     of the Government of Cuba or of a Cuban national.''.
       ``(4) Cuban government.--(A) The term Cuban government 
     includes the government of any political subdivision of Cuba, 
     and any agency or instrumentality of the Government of Cuba.
       ``(B) For purposes of subparagraph (A), the term `agency or 
     instrumentality' is used within the meaning of section 
     1603(b) of title 28, United States Code.''.
       (d) Facilities at Lourdes, Cuba.--(1) The Congress 
     expresses its strong disapproval of the extension by Russia 
     of credits equivalent to $200,000,000 in support of the 
     intelligence facility at Lourdes, Cuba, announced in November 
     1994.
       (2) Section 498A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2295a) is amended by adding at the end the following 
     new subsection:
       ``(d) Reduction in Assistance for Support of Intelligence 
     Facilities in Cuba.--(1) Notwithstanding any other provision 
     of law, the President shall withhold from assistance 
     provided, on or after the date of enactment of this 
     subsection, for an independent state of the former Soviet 
     Union under this Act an amount equal to the sum of assistance 
     and credits, if any, provided on or after such date by such 
     state in support of intelligence facilities in Cuba, 
     including the intelligence facility at Lourdes, Cuba.
       ``(2)(A) The President may waive the requirement of 
     paragraph (1) to withhold assistance if the President 
     certifies to the appropriate congressional committees that 
     the provision of such assistance is important to the national 
     security of the United States, and, in the case of such a 
     certification made with respect to Russia, if the President 
     certifies that the Russian Government has assured the United 
     States Government that the Russian Government is not sharing 
     intelligence data collected at the Lourdes facility with 
     officials or agents of the Cuban Government.
       ``(B) At the time of a certification made with respect to 
     Russia pursuant to subparagraph (A), the President shall also 
     submit to the appropriate congressional committees a report 
     describing the intelligence activities of Russia in Cuba, 
     including the purposes for which the Lourdes facility is used 
     by the Russian Government and the extent to which the Russian 
     Government provides payment or government credits to the 
     Cuban Government for the continued use of the Lourdes 
     facility.
       ``(C) The report required by subparagraph (B) may be 
     submitted in classified form.
       ``(D) For purposes of this paragraph, the term appropriate 
     congressional committees, includes the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
       ``(3) The requirement of paragraph (1) to withhold 
     assistance shall not apply with respect to--
       ``(A) assistance to meet urgent humanitarian needs, 
     including disaster and refugee relief;
       ``(B) democratic political reform and rule of law 
     activities;
       ``(C) technical assistance for safety upgrades of civilian 
     nuclear power plants;
       ``(D) the creation of private sector and nongovernmental 
     organizations that are independent of government control;
       ``(E) the development of a free market economic system;
       ``(F) assistance under the secondary school exchange 
     program administered by the United States Information Agency; 
     or
       ``(G) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     law 103-160)''.
                                 ______


                        DODD AMENDMENT NO. 2932

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

       Strike all after the first word of the pending amendment 
     and insert in lieu thereof the following:
       (a) Congressional Notification.--The President shall notify 
     the Speaker of the House of Representatives and the Chairman 
     of the Committee on Foreign Relations in the Senate within 48 
     hours of concluding any agreement entered into between the 
     governments of the United States and Cuba;
       (b) To the extent possible, the President should also 
     consult the relevant committees of Congress with respect to 
     any ongoing negotiations between such governments unless such 
     consultations would adversely effect the outcome.
                                 ______


                        DODD AMENDMENT NO. 2933

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to 
amendment No. 2923 submitted by Mr. Helms to amendment No. 2898 
proposed by Mr. Dole to the bill, H.R. 927, supra; as follows:

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

         IV--STUDY ON EXCLUSION OF ALIENS FOR PROPERTY PURPOSES

       Sec. 401. (a) The Secretary of State shall undertake a 
     study of how serious a problem the confiscation of U.S. 
     property by foreign governments has become.
       (b) The Secretary of State shall submit a legal analysis to 
     the relevant Congressional Committees as to whether the 
     exclusion of aliens from the U.S., who may be involved in the 
     expropriation issues, is consistent with U.S. obligations 
     entered into in the context of GATT and NAFTA.
                                 ______


                        SIMON AMENDMENT NO. 2934

  (Ordered to lie on the table.)
  Mr. SIMON submitted an amendment intended to be proposed by him to 
amendment No. 2899 submitted by him to amendment No. 2898 proposed by 
Mr. Dole to the bill H.R. 927, supra; as follows:


[[Page S 15249]]

       Strike Title   , ``Freedom to Travel.''
       Strike section 103(d), and insert the following in its 
     stead:

     SEC. 103(d). TRAVEL TO CUBA.

       (1) Freedom to Travel to Cuba for United States Citizens 
     and Legal Residents.--Notwithstanding any other provision of 
     law, the President shall not restrict travel to Cuba by 
     United States citizens or legal residents, except in the 
     event that armed hostilities between Cuba and the United 
     States are in progress, or where such travel presents an 
     imminent danger to the public health or the physical safety 
     of United States travelers.
       (2) 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 paragraphs:
       ``(5) The authority granted by the President in this 
     section does not include the authority to regulate or 
     prohibit, directly or indirectly, and of the following 
     transactions incident to travel to or from Cuba by 
     individuals who are citizens or residents of the United 
     States:
       ``(A) Any transactions ordinarily incident to travel to or 
     from Cuba, including the importation into Cuba or the United 
     States of accompanied baggage for personal use only.
       ``(B) Any transactions ordinarily incident to travel to or 
     maintenance within Cuba, including the payment of living 
     expenses and the acquisition of goods and services for 
     personal use.
       ``(C) Any transactions ordinarily incident to the 
     arrangement, promotion, or facilitation of travel to or 
     within Cuba.
       ``(D) Any transactions ordinarily incident to nonscheduled 
     air, sea, or land voyages, except that this subparagraph does 
     not authorize the carriage of articles into Cuba except 
     accompanied baggage.
       ``(E) Normal banking transactions incident to the 
     foregoing, 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 Cuba other than those items described in paragraph (4).''
       ``(6) The authority granted to the President in this 
     subsection does not include the authority to regulate or 
     prohibit, directly or indirectly, travel to Cuba 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, U.S. Code.''
       (3) 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 amy not be regulated or 
     prohibited under paragraph (5) or (6) of section 5(b) of the 
     Trading With The Enemy Act.''
       (4) Applicability.--The authorities conferred upon the 
     President by section 5(b) of the Trading with the Enemies 
     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 Act) may not be 
     regulated or prohibited.
                                 ______


                        SIMON AMENDMENT NO. 2935

  (Ordered to lie on the table.)
  Mr. SIMON 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:

       Strike section 103(d), and insert the following in its 
     stead:

     SEC. 103(d). TRAVEL TO CUBA

       (1) Freedom to Travel to Cuba for United States Citizens 
     and Legal Residents.--Notwithstanding any other provision of 
     law, the President shall not restrict travel to Cuba by 
     United States citizens or legal residents, except in the 
     event that armed hostilities between Cuba and the United 
     States are in progress, or where such travel presents an 
     imminent danger to the public health or the physical safety 
     of United States travelers.
       (2) 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 paragraphs:
       ``(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 to or from Cuba by 
     individuals who are citizens or residents of the United 
     States:
       ``(A) Any transactions ordinarily incident to travel to or 
     from Cuba, including the importation into Cuba or the United 
     States of accompanied baggage for personal use only.
       ``(B) Any transactions ordinarily incident to travel to or 
     maintenance within Cuba, including the payment of living 
     expenses and the acquisition of goods and services for 
     personal use.
       ``(C) Any transactions ordinarily incident to the 
     arrangement, promotion, or facilitation of travel to or 
     within Cuba.
       ``(D) Any transactions ordinarily incident to non-scheduled 
     air, sea, or land voyages, except that this subparagraph does 
     not authorize the carriage of articles into Cuba except 
     accompanied baggage.
       ``(E) Normal banking transactions incident to the 
     foregoing, 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 Cuba other than those items described in paragraph (4).''
       ``(6) The authority granted to the President in this 
     subsection does not include the authority to regulate or 
     prohibit, directly or indirectly, travel to Cuba 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.''
       (3) 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.''
       (4) Applicability.--The authorities conferred upon the 
     President by section 5(b) of the Trading with the Enemies 
     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 Act) may not be 
     regulated or prohibited.
                                 ______


                        HELMS AMENDMENT NO. 2936

  (Ordered to lie on the table.)
  Mr. HELMS 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:

       Strike out all after the first word and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS

       (a) Short Title.--This Act may be cited as ``Cuban Liberty 
     and Democratic Solidarity (LIBERTAD) Act of 1995''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short Title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

Sec. 101. Statement of Policy.
Sec. 102. Authorization of support for democratic and human rights 
              groups and international observers.
Sec. 103. Enforcement of the economic embargo of Cuba.
Sec. 104. Prohibition against indirect financing of Cuba.
Sec. 105. United States opposition to Cuban membership in international 
              financial institutions.
Sec. 106. United States opposition to 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. Reinstitution of family remittances and travel to Cuba.

[[Page S 15250]]

Sec. 111. News bureaus in Cuba.
Sec. 112. 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 to 
     permit free and fair democratic elections in Cuba or to adopt 
     any economic or political reforms that would lead to 
     democracy, a market economy, or an economic recovery.
       (3) The repression of the Cuban people, including a ban on 
     free and fair democratic elections and the continuing 
     violation of fundamental human rights, has isolated the Cuban 
     regime as the only nondemocratic government in the Western 
     Hemisphere.
       (4) As long as no such economic or political reforms are 
     adopted by the Cuban government, the economic condition of 
     the country and the welfare of the Cuban people will not 
     improve in any significant way.
       (5) Fidel Castro has defined democratic pluralism as 
     ``pluralistic garbage'' and has made clear that he has no 
     intention of permitting free and fair democratic elections in 
     Cuba or otherwise tolerating the democratization of Cuban 
     society.
       (6) The Castro government, in an attempt to retain absolute 
     political power, continues to utilize, as it has from its 
     inception, torture in various forms (including psychiatric 
     abuse), execution, exile, confiscation, political 
     imprisonment, and other forms of terror and repression as 
     most recently demonstrated by the massacre of more than 40 
     Cuban men, women, and children attempting to flee Cuba.
       (7) The Castro government holds hostage in Cuba innocent 
     Cubans whose relatives have escaped the country.
       (8) The Castro government has threatened international 
     peace and security by engaging in acts of armed subversion 
     and terrorism, such as the training and supplying of groups 
     dedicated to international violence.
       (9) Over the past 36 years, the Cuban government has posed 
     a national security threat to the United States.
       (10) The completion and any operation of a nuclear-powered 
     facility in Cuba, for energy generation or otherwise, poses 
     an unacceptable threat to the national security of the United 
     States.
       (11) The unleashing on United States shores of thousands of 
     Cuban refugees fleeing Cuban oppression will be considered an 
     act of aggression.
       (12) The Government of Cuba engages in illegal 
     international narcotics trade and harbors fugitives from 
     justice in the United States.
       (13) The totalitarian nature of the Castro regime has 
     deprived the Cuban people of any peaceful means to improve 
     their condition and has led thousands of Cuban citizens to 
     risk or lose their lives in dangerous attempts to escape from 
     Cuba to freedom.
       (14) Attempts to escape from Cuba and courageous acts of 
     defiance of the Castro regime by Cuban pro-democracy and 
     human rights groups have ensured the international 
     community's continued awareness of, and concern for, the 
     plight of Cuba.
       (15) The Cuban people deserve to be assisted in a decisive 
     manner in order to end the tyranny that has oppressed them 
     for 36 years.
       (16) Radio Marti and Television Marti have been effective 
     vehicles for providing the people of Cuba with news and 
     information and have helped to bolster the morale of the 
     Cubans living under tyranny.
       (17) The consistent policy of the United States towards 
     Cuba since the beginning of the Castro regime, carried out by 
     both Democratic and Republican administrations, has sought to 
     keep faith with the people of Cuba, and has been effective in 
     isolating the totalitarian Castro regime.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to assist the Cuban people in regaining their freedom 
     and prosperity, as well as in joining the community of 
     democratic countries that are flourishing in the Western 
     Hemisphere;
       (2) to strengthen international sanctions against the 
     Castro government;
       (3) to provide for the continued national security of the 
     United States in the face of continuing threats from the 
     Castro government of terrorism, theft of property from United 
     States nationals, and the political manipulation of the 
     desire of Cubans to escape that results in mass migration to 
     the United States;
       (4) to encourage the holding of free and fair democratic 
     elections in Cuba, conducted under the supervision of 
     internationally recognized observers;
       (5) to provide for a policy framework for United States 
     support to the Cuban people in response to the formation of a 
     transition government or a democratically elected government 
     in Cuba; and
       (6) to protect American nationals against confiscatory 
     takings and the wrongful trafficking in property confiscated 
     by the Castro regime.

     SEC. 4. DEFINITIONS.

       As used in this Act, the following terms have the following 
     meanings:
       (1) Agency or instrumentality of a foreign state.--The term 
     ``agency or instrumentality of a foreign state'' has the 
     meaning given that term in section 1603(b) of title 28, 
     United States Code, except as otherwise provided for in this 
     Act under paragraph 4(5).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (3) Commercial activity.--The term ``commercial activity'' 
     has the meaning given that term in section 1603(d) of title 
     28, United States Code.
       (4) Confiscated.--The term ``confiscated'' refers to
       (A) the nationalization, expropriation, or other seizure by 
     the Cuban government of ownership or control of property, on 
     or after January 1, 1959,--
       (i) without the property having been returned or adequate 
     and effective compensation provided; or
       (ii) without the claim to the property having been settled 
     pursuant to an international claims settlement agreement 
     or other mutually accepted settlement procedure; and
       (B) the repudiation by the Cuban government of, the default 
     by the Cuban government on, or the failure by the Cuban 
     government to pay, on or after January 1, 1959--
       (i) a debt of any enterprise which has been nationalized, 
     expropriated, or otherwise taken by the Cuban government,
       (ii) a debt which is a charge on property nationalized, 
     expropriated, or otherwise taken by the Cuban government, or
       (iii) a debt which was incurred by the Cuban government in 
     satisfaction or settlement of a confiscated property claim.
       (5) Cuban government.--(A) The terms ``Cuban government'' 
     and ``Government of Cuba'' include the government of any 
     political subdivision of Cuba, and any agency or 
     instrumentality of the Government of Cuba.
       (B) For purposes of subparagraph (A), the term ``agency or 
     instrumentality'' is used within the meaning of section 
     1603(b) of title 28, United States Code.
       (6) Democratically elected government in cuba.--The term 
     ``democratically elected government in Cuba'' means a 
     government that the President has determined as being 
     democratically elected, taking into account the factors 
     listed in section 206.
       (7) Economic Embargo of Cuba.--The term ``economic embargo 
     of Cuba'' refers to the economic embargo imposed against Cuba 
     pursuant to section 620(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With 
     the Enemy Act (50 U.S.C. App. 5 (b)), the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 and following), 
     the Export Administration Act of 1979 (50 U.S.C. App. 2401 
     and following), as modified by the Cuban Democracy Act of 
     1992 (22 U.S.C. 6001 and following).
       (8) Foreign national.--The term ``foreign national'' 
     means--
       (A) an alien, or
       (b) any corporation, trust, partnership, or other juridical 
     entity not organized under the laws of the United States, or 
     of any State, the District of Columbia, or the Commonwealth 
     of Puerto Rico, or any other territory or possession of the 
     United States.
       (10) Official of the Cuban Government or the Ruling 
     Political Party in Cuba.--The term ``official of the Cuban 
     Government or the ruling political party in Cuba'' refers to 
     members of the Council of Ministers, Council of State, 
     central committee of the Cuban Communist Party, the 
     Politburo, or their equivalents.
       (11) Property.--(A) The term ``property'' means any 
     property (including patents, copyrights, trademarks, and any 
     other form of intellectual property), whether real, personal 
     or mixed, and any present, future, or contingent right, 
     security, or other interest therein, including any leasehold 
     interest.
       (B) For purposes of title III of this Act, the term 
     ``property'' shall not include real property used for 
     residential purposes, unless, at the time of enactment of 
     this Act--
       (i) the claim to the property is held by a United States 
     national and the claim has been certified under title V of 
     the International Claims Settlement Act of 1949; or

[[Page S 15251]]

       (ii) the property is occupied by an official of the Cuban 
     government or the ruling political party in Cuba.
       (13) Transition Government in Cuba.--The term ``transition 
     government in Cuba'' means a government that the President 
     determines as being a transition government consistent with 
     the requirements and factors listed in section 205.
       (14) United States National.--The term ``United States 
     national'' means--
       (A) any United States citizen; or
       (B) any other legal entity which is organized under the 
     laws of the United States, or of any State, the District of 
     Columbia, or the Commonwealth of Puerto Rico, or any other 
     territory or possession of the United States, and which has 
     its principal place of business in the United States.

   Title I--Strengthening International Sanctions Against the Castro 
                               Government

     SEC. 101. STATEMENT OF POLICY.

       It is the sense of the Congress that--
       (1) the acts of the Castro government, including its 
     massive, systematic, and extraordinary violations of human 
     rights, are a threat to international peace;
       (2) the President should advocate, and should instruct the 
     United States Permanent Representative to the United Nations 
     to propose and seek within the Security Council a 
     mandatory international embargo against the totalitarian 
     government of Cuba pursuant to similar to consultations 
     conducted by United States representatives with respect to 
     Haiti;
       (3) any resumption of efforts by any independent state of 
     the former Soviet Union to make operational the nuclear 
     facility at Cienfuegos, Cuba, and the continuation of 
     intelligence activities from Cuba targeted at the United 
     States and its citizens will have a detrimental impact on 
     United States assistance to such state; and
       (4) in view of the threat to the national security posed by 
     the operation of any nuclear facility, and the Castro 
     government's continuing blackmail to unleash another wave of 
     Cuban refugees fleeing from Castro's oppression, most of whom 
     find their way to United States shores further depleting 
     limited humanitarian and other resources of the United 
     States, the President should do all in his power to make it 
     clear to the Cuban government that--
       (A) the completion and operation of any nuclear power 
     facility, or
       (B) any further political manipulation of the desire of 
     Cubans to escape that results in mass migration to the United 
     States,
     will be considered an act of aggression which will be met 
     with an appropriate response in order to maintain the 
     security of the national borders of the United States and the 
     health and safety of the American people.

     SEC. 102. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN 
                   RIGHTS GROUPS AND INTERNATIONAL OBSERVERS.

       (a) Authorization.--The President is authorized to furnish 
     assistance to and make available other support for 
     individuals and nongovernmental organizations to support 
     democracy-building efforts in Cuba, including the following:
       (1) Published and informational matter, such as books, 
     videos, and cassettes, on transitions to democracy, human 
     rights, and market economies to be made available to 
     independent democratic groups in Cuba.
       (2) humanitarian assistance to victims of political 
     repression and their families.
       (3) Support for democratic and human rights groups in Cuba.
       (4) Support for visits and permanent deployment 
     of independent international human rights monitors in 
     Cuba.
       (b) Denial of Funds to the Government of Cuba.--In 
     implementing this section, the President shall take all 
     necessary steps to ensure that no funds or other assistance 
     are provided to the Government of Cuba or any of its 
     agencies, entities, or instrumentalities.
       (c) Superseding Other Laws.--Assistance may be provided 
     under this section notwithstanding any other provision of 
     law, except for section 634A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2394) and comparable notification 
     requirements contained in sections of the annual foreign 
     operations, export financing, and related programs 
     appropriations Act.

     SEC. 103. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

       (a) Policy.--(1) The Congress hereby reaffirms section 
     1704(a) of the Cuban Democracy Act of 1992, which states the 
     President should encourage foreign countries to restrict 
     trade and credit relations with Cuba in a manner consistent 
     with the purposes of that Act.
       (2) The Congress further urges the President to take 
     immediate steps to apply the sanctions described in section 
     1704(b)(1) of such Act against countries assisting Cuba.
       (b) Diplomatic Efforts.--The Secretary of State should 
     ensure that United States diplomatic personnel abroad 
     understand and, in their contacts with foreign officials are 
     communicating the reasons for the United States economic 
     embargo of Cuba, and are urging foreign governments to 
     cooperate more effectively with the embargo.
       (c) Existing Regulations.--The President shall instruct the 
     Secretary of the Treasury and the Attorney General to enforce 
     fully the Cuban Assets Control Regulations in part 515 of 
     title 31, Code of Federal Regulations.
       (d) Trading With the Enemy Act.--(1) Subsection (b) of 
     section 16 of the Trading With the Enemy Act (50 U.S.C. App. 
     16(b)), as added by Public Law 102-484, is amended to read as 
     follows:
       ``(b)(1) A civil penalty of not to exceed $50,000 may be 
     imposed by the Secretary of the Treasury on any person who 
     violates any license, order, rule, or regulation issued in 
     compliance with the provisions of this Act.
       ``(2) Any property, funds, securities, papers, or other 
     articles or documents, or any vessel, together with its 
     tackle, apparel, furniture, and equipment, that is the 
     subject of a violation under paragraph (1) shall, at the 
     direction of the Secretary of the Treasury, be forfeited to 
     the United States Government.
       ``(3) The penalties provided under this subsection may be 
     imposed only on the record after opportunity for an agency 
     hearing in accordance with sections 554 through 557 of title 
     5, United States Code, with the right to prehearing 
     discovery.
       ``(4) Judicial review of any penalty imposed under this 
     subsection may be had to the extent provided in section 702 
     of title 5, United States Code''.
       (2) Section 16 of the Trading With the Enemy Act is further 
     amended--
       (A) by striking subsection (b), as added by Public Law 102-
     393; and
       (B) by striking subsection (c).
       (e) Coverage of Debt-for-Equity Swaps Under the Economic 
     Embargo of Cuba--Section 1704(b)(2) of the Cuban Democracy 
     Act of 1992 (22 U.S.C. 6003(b)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) includes an exchange, reduction, or forgiveness of 
     Cuban debt owned to a foreign country in return for a grant 
     of an equity interest in a property, investment, or operation 
     of the Government of Cuba or of a Cuban national; and''.

     SEC. 104. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

       (A) Prohibition.--Notwithstanding any other provision of 
     law, no loan, credit, or other financing may be extended 
     knowingly by a United States national, a permanent resident 
     alien, or a United States agency to a foreign or United 
     States national for the purpose of financing transactions 
     involving any property confiscated by the Cuban government 
     the claim to which is owned by a United States national as of 
     the date of enactment of this Act, except for financing by 
     the owner of the property or the claim thereto for a 
     permitted transaction.
       (b) Suspension and Termination of Prohibition.--(1) The 
     President is authorized to suspend this prohibition upon a 
     determination pursuant to section 203(a).
       (2) The prohibition in subsection (a) shall cease to apply 
     on the date of termination of the economic embargo of Cuba, 
     as provided for in section 204.
       (c) Penalties.--Violations of subsection (a) shall be 
     punishable by such civil penalties as are applicable to 
     similar violations of the Cuban Assets Control Regulations in 
     part 515 of title 31, Code of Federal Regulations.

     SEC. 105. UNITED STATES OPPOSITION OF CUBAN MEMBERSHIP IN 
                   INTERNATIONAL FINANCIAL INSTITUTIONS.

       (a) Continued Opposition to Cuban Membership in 
     International Financial Institutions.--
       (1) Except as provided in paragraph (2), the Secretary of 
     the Treasury shall instruct the United States executive 
     director of each international financial institution to use 
     the voice and vote of the United States to oppose the 
     admission of Cuba as a member of such institution until the 
     President submits a determination pursuant to section 203(c).
       (2) Once the President submits a determination under 
     section 203(a) that a transition government in Cuba is in 
     power--
       (A) the President is encouraged to take steps to support 
     the processing of Cuba's application for membership in any 
     international financial institution, subject to the 
     membership taking effect after a democratically elected 
     government in Cuba is in power, and
       (B) the Secretary of the Treasury is authorized to instruct 
     the United States executive director of each international 
     financial institution to support loans or other assistance to 
     Cuba only to the extent that such loans or assistance 
     contribute to a stable foundation for a democratically 
     elected government in Cuba.
       (b) Reduction in United States Payments to International 
     Financial Institutions.--If any international financial 
     institution approves a loan or other assistance to the Cuban 
     government over the opposition of the United States, then the 
     Secretary of the Treasury shall withhold from payment to such 
     institution an amount equal to the amount of the loan or 
     other assistance, with respect to each of the following types 
     of payment:
       (1) The paid-in portion of the increase in capital stock of 
     the institution.
       (2) The callable portion of the increase in capital stock 
     of the institution.
       (c) Definition.--For purposes of this section, the term 
     ``international financial institution'' means the 
     International Monetary Fund, the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Multilateral Investment Guaranty Agency, and the Inter-
     American Development Bank.
     
[[Page S 15252]]


     SEC. 106. UNITED STATES OPPOSITION TO TERMINATION OF THE 
                   SUSPENSION OF THE GOVERNMENT OF CUBA FROM 
                   PARTICIPATION IN THE ORGANIZATION OF AMERICAN 
                   STATES.

       The President should instruct the United States Permanent 
     Representative to the Organization of American States to 
     oppose and vote against any termination of the suspension of 
     the Cuban government from participation in the Organization 
     until the President determines under section 203(c) that a 
     democratically elected government in Cuba is in power.

     SEC. 107 ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER 
                   SOVIET UNION FOR THE GOVERNMENT OF CUBA.

       (a) Reporting Requirement.--Not later than 90 days after 
     the date of enactment of this Act, the President shall submit 
     to the appropriate congressional committees a report 
     detailing progress toward the withdrawal of personnel of any 
     independent state of the former Soviet Union (within the 
     meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 
     5801)), including advisers, technicians, and military 
     personnel, from the Cienfuegos nuclear facility in Cuba.
       (b) Criteria for Assistance.--Section 498A(a)(11) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(1)) is 
     amended by striking ``of military facilities'' and inserting 
     ``military and intelligence facilities, including the 
     military and intelligence facilities at Lourdes and 
     Cienfuegos,''.
       (c) Ineligibility for Assistance.--(1) Section 498A(b) of 
     that Act (22 U.S.C. 2295a(b)) is amended--
       (A) by striking ``or'' at the end of paragraph (4);
       (B) by redesignating paragraph (5) as paragraph (6); and
       (C) by inserting after paragraph (4) the following:
       ``(5) for the government of any independent state effective 
     30 days after the President has determined and certified to 
     the appropriate congressional committees (and Congress has 
     not enacted legislation disapproving the determination within 
     the 30-day period) that such government is providing 
     assistance for, or engaging in nonmarket based trade (as 
     defined in section 498B(k)(3)) with, the Government of Cuba; 
     or''.
       (2) Subsection (k) of section 498B of that Act (22 U.S.C. 
     2295b(k)), is amended by adding at the end the following:
       ``(3) Nonmarket based trade.--As used in section 
     498A(b)(5), the term `nonmarket based trade' includes 
     exports, imports, exchanges, or other arrangements that are 
     provided for goods and services (including oil and other 
     petroleum products) on terms more favorable than those 
     generally available in applicable markets or for comparable 
     commodities, including--
       ``(A) exports to the Government of Cuba on terms that 
     involve a grant, concessional price, guarantee, insurance, or 
     subsidy;
       ``(B) imports from the Government of Cuba at preferential 
     tariff rates;
       ``(C) exchange arrangements that include advance delivery 
     of commodities, arrangements in which the Government of Cuba 
     is not held accountable for unfilled exchange contracts, and 
     arrangements under which Cuba does not pay appropriate 
     transportation, insurance, or finance costs; and
       ``(D) the exchange, reduction, or forgiveness of Cuban 
     government debt in return for a grant by the Cuban government 
     of an equity interest in a property, investment, or operation 
     of the Government of Cuba or of a Cuban national.
       ``(4) Cuban Government.--(A) The term Cuban government 
     includes the government of any political subdivision of Cuba, 
     and any agency or instrumentality of the Government of Cuba.
       ``(B) For purposes of subparagraphs (A), the term `agency 
     or instrumentality' is used within the meaning of section 
     1603(b) of title 28, United States Code.''.
       (d) Facilities at Lourdes, Cuba.--(1) The Congress 
     expresses its strong disapproval of the extension by Russia 
     of credits equivalent to $200,000,000 in support of the 
     intelligence facility at Lourdes, Cuba, announced in November 
     1994.
       (2) Section 498A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2295a) is amended by adding at the end the following 
     new subsection:
       ``(d) Reduction in Assistance for Support of Intelligence 
     Facilities in Cuba.--(1) Notwithstanding any other provision 
     of law, the President shall withhold from assistance 
     provided, on or after the date of enactment of this 
     subsection, for an independent state of the former Soviet 
     Union under this Act an amount equal to the sum of assistance 
     and credits, if any, provided on or after such date by such 
     state in support of intelligence facilities in Cuba, 
     including the intelligence facility at Lourdes, Cuba.
       ``(2)(A) The President may waive the requirement of 
     paragraph (1) to withhold assistance if the President 
     certifies to the appropriate congressional committees that 
     the provision of such assistance is important to the national 
     security of the United States, and, in the case of such a 
     certification made with respect to Russia, if the President 
     certifies that the Russian Government has assured the United 
     States Government that the Russian Government is not sharing 
     intelligence data collected at the Lourdes facility with 
     officials or agents of the Cuban Government.
       ``(B) At the time of a certification made with respect to 
     Russia pursuant to subparagraph (A), the President shall also 
     submit to the appropriate congressional committees a report 
     describing the intelligence activities of Russia in Cuba, 
     including the purposes for which the Lourdes facility is used 
     by the Russian Government and the extent to which the Russian 
     Government provides payment or government credits to the 
     Cuban Government for the continued use of the Lourdes 
     facility.
       ``(C) The report required by subparagraph (B) may be 
     submitted in classified form.
       ``(D) For purposes of this paragraph, the term appropriate 
     congressional committees, includes the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
       ``(3) The requirement of paragraph (1) to withhold 
     assistance shall not apply with respect to--
       ``(A) assistance to meet urgent humanitarian needs, 
     including disaster and refugee relief;
       ``(B) democratic political reform and rule of law 
     activities;
       ``(C) technical assistance for safety upgrades of civilian 
     nuclear power plants;
       ``(D) the creation of private sector and nongovernmental 
     organizations that are independent of government control;
       ``(E) the development of a free market economic system; or
       ``(F) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160)''.

     SEC. 108. TELEVISION BROADCASTING TO CUBA.

       (a) Conversion to UHF.--The Director of the United States 
     Information Agency shall implement a conversion of television 
     broadcasting to Cuba under the Television Marti Service to 
     ultra high frequency (UHF) broadcasting.
       (b) Periodic Reports.--Not later than 45 days after the 
     date of enactment of this Act, and every three months 
     thereafter until the conversion described in subsection (a) 
     is fully implemented, the Director shall submit a report to 
     the appropriate congressional committees on the progress made 
     in carrying out subsection (a).
       (c) Termination of Broadcasting Authorities.--Upon 
     transmittal of a determination under section 203(c), the 
     Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et 
     seq.) and the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 
     et seq.) are repealed.

     SEC. 109. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA 
                   FROM OTHER FOREIGN COUNTRIES.

       (a) Reports Required.--Not later than 90 days after the 
     date of enactment of this Act, and by January 1 each year 
     thereafter until the President submits a determination under 
     section 203(a), the President shall submit a report to the 
     appropriate congressional committees on commerce with, and 
     assistance to, Cuba from other foreign countries during the 
     preceding 12-month period.
       (b) Contents of Reports.--Each report required by 
     subsection (a) shall, for the period covered by the report, 
     contain the following, to the extent such information is 
     available--
       (1) a description of all bilateral assistance provided to 
     Cuba by other foreign countries, including humanitarian 
     assistance;
       (2) a description of Cuba's commerce with foreign 
     countries, including an identification of Cuba's trading 
     partners and the extent of such trade;
       (3) a description of the joint ventures completed, or under 
     consideration, by foreign nationals and business firms 
     involving facilities in Cuba, including an identification of 
     the location of the facilities involved and a description of 
     the terms of agreement of the joint ventures and the names of 
     the parties that are involved;
       (4) a determination as to whether or not any of the 
     facilities described in paragraph (3) is the subject of a 
     claim against Cuba by a United States national;
       (5) a determination of the amount of Cuban debt owed to 
     each foreign country, including--
       (A) the amount of debt exchanged, forgiven, or reduced 
     under the terms of each investment or operation in Cuba 
     involving foreign nationals or businesses; and
       (B) the amount of debt 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. 110. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN 
                   PRODUCTS.

       (a) Statement of Policy.--(1) The Congress notes that 
     section 515.204 of title 31, 

[[Page S 15253]]
     Code of Federal Regulations, prohibits the entry of, and dealings 
     outside the United States in, merchandise that--
       (A) is of Cuban origin,
       (B) is or has been located in or transported from or 
     through Cuba, or
       (C) is made or derived in whole or in part of any article 
     which is the growth, produce, or manufacture of Cuba.
       (2) The Congress notes that United States accession to the 
     North American Free Trade Agreement does not modify or alter 
     the United States sanctions against Cuba, noting that the 
     statement of administrative action accompanying that trade 
     agreement specifically states the following:
       (A) ``The NAFTA rules of origin will not in any way 
     diminish the Cuban sanctions program. . . . Nothing in the 
     NAFTA would operate to override this prohibition.''.
       (B) ``Article 309(3) [of the NAFTA] permits the United 
     States to ensure that Cuban products or goods made from Cuban 
     materials are not imported into the United States from Mexico 
     or Canada and that United States products are not exported to 
     Cuba through those countries.''.
       (3) The Congress notes that section 902(c) of the Food 
     Security Act of 1985 (Public Law 99-198) required the 
     President not to allocate any of the sugar import quota to a 
     country that is a net importer of sugar unless appropriate 
     officials of that country verify to the President that the 
     country does not import for reexport to the United States any 
     sugar produced in Cuba.
       (4) Protection of essential security interests of the 
     United States requires enhanced assurances that sugar 
     products that are entered are not products of Cuba.

     SEC. 111. REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO 
                   CUBA.

       It is the sense of Congress that the President should, 
     before considering the reinstitution of general licensure 
     for--
       (1) family remittances to Cuba--
       (A) insist that, prior to such reinstitution, the 
     government of Cuba permit the unfettered operation of small 
     businesses fully endowed with the right to hire others to 
     whom they may pay wages, buy materials necessary in the 
     operation of the business and such other authority and 
     freedom required to foster the operation of small businesses 
     throughout the island, and
       (B) require a specific license for remittance above $500; 
     and
       (2) travel to Cuba by U.S. resident family members of Cuban 
     nationals resident in Cuba itself insist on such actions by 
     the Government of Cuba as abrogation of the sanction for 
     refugee departure from the island, release of political 
     prisoners, recognition of the right of association and other 
     fundamental freedoms.

     SEC. 112. NEWS BUREAU IN CUBA.

       (a) Establishment of News Bureaus.--The President is 
     authorized to establish and implement an exchange of news 
     bureaus between the United States and Cuba, if--
       (1) the exchange is fully reciprocal;
       (2) the Cuban Government allows free, unrestricted, and 
     uninhibited movement in Cuba of journalists of any United 
     States-based news organizations;
       (3) the Cuban Government agrees not to interfere with the 
     news-gathering activities of individuals assigned to work as 
     journalists in the news bureaus in Cuba of United States-
     based news organizations;
       (4) the United States Government is able to ensure that 
     only accredited journalists regularly employed with a news 
     gathering organization avail themselves of the general 
     license to travel to Cuba; and
       (5) the Cuban Government agrees not to interfere with the 
     transmission of telecommunications signals of news bureaus or 
     with the distribution within Cuba of any United States-based 
     news organization that has a news bureau in Cuba.
       (b) Assurance Against Espionage.--In implementing this 
     section the President shall take all necessary steps to 
     assure the safety and security of the United States against 
     espionage by Cuban journalists it believes to be working for 
     the intelligence agencies of the Cuban Government.
       (c) Fully Reciprocal.--It is the sense of Congress that the 
     term ``fully reciprocal'' means that all news services, news 
     organizations, and broadcasting services, including such 
     services or organizations that receive financing, assistance 
     or other support from a governmental or official source, are 
     permitted to establish and operate a news bureau in each 
     nation.

     SEC. 113. IMPACT ON LAWFUL 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, subject to subsections 203 (a) and (c).
       (2) Effect on other laws.--Subject to section 203, the 
     President is authorized to provide such forms of assistance 
     to Cuba as are provided for in subsection (b), 
     notwithstanding any other provision of law, except for--
       (A) this Act;
       (B) section 620(a)(2) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(a)(2)); and
       (C) section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394) and comparable notification requirements 
     contained in sections of the annual foreign operations, 
     export financing, and related programs appropriations Act.
       (b) Response Plan.--
       (1) Development of plan.--The President shall develop a 
     plan detailing, to the extent possible, the manner in which 
     the United States would provide and implement support for the 
     Cuban people in response to the formation of--
       (A) a transition government in Cuba; and
       (B) a democratically elected government in Cuba.
       (2) Types of assistance.--Support for the Cuban people 
     under the plan described in paragraph (1) shall include the 
     following types of assistance:
       (A) Transition government.--(i) The plan developed under 
     paragraph (1)(A) for assistance to a transition government in 
     Cuba shall be limited to such food, medicine, medical 
     supplies and equipment, and other assistance as may be 
     necessary to meet the basic human needs of the Cuban people.
       (ii) When a transition government in Cuba is in power, the 
     President is encouraged to remove or modify restrictions that 
     may exist on--
       (I) remittances by individuals to their relatives of cash 
     or humanitarian items, and
       (II) on freedom to travel to visit Cuba other than that the 
     provision of such services and costs in connection with such 
     travel shall be internationally competitive.
       (iii) Upon transmittal to Congress of a determination under 
     section 203(a) that a transition government in Cuba is in 
     power, the President should take such other steps as will 
     encourage renewed investment in Cuba to contribute to a 
     stable foundation for a democratically elected government 
     in Cuba.
       (B) Democratically elected Government.--(i) The plan 
     developed under paragraph (1)(B) for assistance for a 
     democratically elected government in Cuba should consist of 
     assistance to promote free market development, private 
     enterprise, and a mutually beneficial trade relationship 
     between the United States and Cuba. Such assistance should 
     include--
       (I) financing, guarantees, and other assistance provided by 
     the Export-Import Bank of the United States;
       (II) insurance, guarantees, and other assistance provided 
     by the Overseas Private Investment Corporation for investment 
     projects in Cuba;
       (III) assistance provided by the Trade and Development 
     Agency;
       (IV) international narcotics control assistance provided 
     under chapter 8 of part I of the Foreign Assistance Act of 
     1961; and
       (V) Peace Corps activities.
       (c) International Efforts.--The President is encouraged to 
     take the necessary steps--
       (1) to seek to obtain the agreement of other countries and 
     multinational organizations to provide assistance to a 
     transition government in Cuba and to a democratically elected 
     government in Cuba; and
       (2) to work with such countries, institutions, and 
     organizations to coordinate all such assistance programs.
       (d) Report on Trade and Investment Relations.--
       (1) Report to Congress.--The President, following the 
     transmittal to the Congress of a determination under section 
     203(c) that a democratically elected government in Cuba is in 
     power, shall submit to the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate and other appropriate congressional committees a 
     report that describes--
       (A) acts, policies, and practices which constitute 
     significant barriers to, or distortions of, United 
     States trade in goods or services or foreign direct 
     investment with respect to Cuba;
       (B) policy objectives of the United States regarding trade 
     relations with 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 

[[Page S 15254]]
     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) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall 
     transmit to the appropriate congressional committees a report 
     describing in detail the plan developed under this 
     section.

     SEC. 203. IMPLEMENTATION; REPORTS TO CONGRESS.

       (a) Implementation With Respect to Transition Government.--
     Upon making a determination, consistent with the requirements 
     and factors in section 205, that a transition government in 
     Cuba is in power, the President shall transmit that 
     determination to the appropriate congressional committees and 
     should, subject to the authorization of appropriations and 
     the availability of appropriations, commence to provide 
     assistance pursuant to section 202(b)(2)(A).
       (b) Reports to Congress.--(1) The President shall transmit 
     to the appropriate congressional committees a report setting 
     forth the strategy for providing assistance authorized under 
     section 202(b)(2)(A) to the transition government in Cuba, 
     the types of such assistance, and the extent to which such 
     assistance has been distributed.
       (2) The President shall transmit the report not later than 
     90 days after making the determination referred to in 
     paragraph (1), except that the President shall consult 
     regularly with the appropriate congressional committees 
     regarding the development of the plan.
       (c) Implementation With Respect to Democratically Elected 
     Government.--Upon making a determination, consistent with 
     section 206, that a democratically elected government in Cuba 
     is in power, the President shall transmit that determination 
     to the appropriate congressional committees and should, 
     subject to the authorization of appropriations and the 
     availability of appropriations, commence to provide such 
     forms of assistance as may be included in the plan for 
     assistance pursuant to section 202(b)(2)(B).
       (d) Annual Reports to Congress.--Once the President has 
     transmitted a determination referred to in either subsection 
     (a) or (c), the President shall, not later than 60 days after 
     the end of each fiscal year, transmit to the appropriate 
     congressional committees a report on the assistance to Cuba 
     authorized under section 202, including a description of each 
     type of assistance, the amounts expended for such assistance, 
     and a description of the assistance to be provided under the 
     plan in the current fiscal year.

     SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

       (a) Presidential Actions.--Upon submitting a determination 
     to the appropriate congressional committees under section 
     203(a) that a transition government in Cuba is in power, the 
     President, after consulting with the Congress, is 
     authorized to take steps to suspend the economic embargo 
     on Cuba and to suspend application of the right of action 
     created in section 302 as to actions thereafter filed 
     against the Government of Cuba, to the extent that such 
     action contributes to a stable foundation for a 
     democratically elected government in Cuba.
       (b) Suspension of Certain Provisions of Law.--In carrying 
     out subsection (a), the President may suspend the enforcement 
     of--
       (1) section 620(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(a));
       (2) section 620(f) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(f)) with regard to the ``Republic of Cuba'';
       (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
     Act (22 U.S.C. 6003, 6004(d), and 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 
     under section 203(c) that a democratically elected government 
     in Cuba is in power, the President shall take steps to 
     terminate the economic embargo of Cuba.
       (d) Conforming Amendments.--On the date on which the 
     President submits a determination under section 203(c)--
       (1) section 620(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(a)) is repealed;
       (2) section 620(f) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(f)) is amended by striking ``Republic of 
     Cuba'';
       (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
     Act (22 U.S.C. 6003, 6004(d), 6005) are repealed; and
       (4) section 902(c) of the Food Security Act of 1985 is 
     repealed.
       (e) Review of Suspension of Economic Embargo.--
       (1) Review.--If the President takes action under subsection 
     (a) to suspend the economic embargo of Cuba, the President 
     shall immediately so notify the Congress. The President 
     shall report to the Congress no less frequently than every 
     6 months thereafter, until he submits a determination 
     under section 203(c) that a democratically elected 
     government in Cuba is in power, on the progress being made 
     by Cuba toward the establishment of such a democratically 
     elected government. The action of the President under 
     subsection (a) shall cease to be effective upon the 
     enactment of a joint resolution described in paragraph 
     (2).
       (2) Joint resolutions.--For purposes of this subsection, 
     the term ``joint resolution'' means only a joint resolution 
     of the 2 Houses of Congress, the matter after the resolving 
     clause of which is as follows: ``That the Congress 
     disapproves the action of the President under section 204(a) 
     of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
     of 1995 to suspend the economic embargo of Cuba, notice of 
     which was submitted to the Congress on     .'', with the 
     blank space being filled with the appropriate date.
       (3) Referral to committees.--Joint resolutions introduced 
     in the House of Representatives shall be referred to the 
     Committee on International Relations and joint resolutions 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations.
       (4) Procedure.--(A) Any joint resolution shall be 
     considered in the Senate in accordance with the provisions of 
     section 601(b) of the International Security Assistance and 
     Arms Export Control Act of 1976.
       (B) For the purpose of expediting the consideration and 
     enactment of joint resolutions, a motion to proceed to the 
     consideration of any joint resolution after it has been 
     reported by the appropriate committee shall be treated as 
     highly privileged in the House of Representatives.
       (C) Not more than 1 joint resolution may be considered in 
     the House of Representatives and the Senate in the 6-month 
     period beginning on the date on which the President notifies 
     the Congress under paragraph (1) of the action taken under 
     subsection (a), and in each 6-month period thereafter.

     SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERNMENT.

       (a) A determination under section 203(a) that a transition 
     government in Cuba is in power shall not be made unless 
     that government has taken the following actions--
       (1) legalized all political activity;
       (2) released all political prisoners and allowed for 
     investigations of Cuban prisons by appropriate international 
     human rights organizations;
       (3) dissolved the present Department of State Security in 
     the Cuban Ministry of the Interior, including the Committees 
     for the Defense of the Revolution and the Rapid Response 
     Brigades; and
       (4) has committed to organizing free and fair elections for 
     a new government--
       (i) to be held in a timely manner within 2 years 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 election monitors;
       (b) In addition to the requirements in subsection (a), in 
     determining whether a transition government is in power in 
     Cuba, the President shall take into account the extent to 
     which that government--
       (1) is demonstrably in transition from communist 
     totalitarian dictatorship to representative democracy;
       (2) has publicly committed itself to, and is making 
     demonstrable progress in--
       (A) establishing an independent judiciary;
       (B) respecting internationally recognized human rights and 
     basic freedoms as set forth in the Universal Declaration of 
     Human Rights;
       (C) effectively guaranteeing the rights of free speech and 
     freedom of the press, including granting permits to privately 
     owned media and telecommunications companies to operate in 
     Cuba;
       (D) permitting the reinstatement of citizenship to Cuban-
     born nationals returning to Cuba;
       (E) assuring the right to private property; and
       (F) allowing the establishment of independent trade unions 
     as set forth in conventions 87 and 98 of the International 
     Labor Organization, and allowing the establishment of 
     independent social, economic, and political associations;

[[Page S 15255]]

       (3) has ceased any interference with broadcasts by Radio 
     Marti or the Television Marti Service;
       (4) has given adequate assurances that it will allow the 
     speedy and efficient distribution of assistance to the Cuban 
     people; and
       (5) permits the deployment throughout Cuba of independent 
     and unfettered international human rights monitors.

     SEC. 206. FACTORS FOR DETERMINING A DEMOCRATICALLY ELECTED 
                   GOVERNMENT.

       For purposes of determining under section 203(c) of this 
     Act whether a democratically elected government in Cuba is in 
     power, the President shall take into account whether, and the 
     extent to which, that government--
       (1) results from free and fair elections--
       (A) conducted under the supervision of internationally 
     recognized observers; and
       (B) in which opposition parties were permitted ample time 
     to organize and campaign for such elections, and in which all 
     candidates in the elections were permitted full access to the 
     media;
       (2) is showing respect for the basic civil liberties and 
     human rights of the citizens of Cuba;
       (3) is substantially moving toward a market-oriented 
     economic system based on the right to own and enjoy property;
       (4) is committed to making constitutional changes that 
     would ensure regular free and fair elections and the full 
     enjoyment of basic civil liberties and human rights by the 
     citizens of Cuba; and
       (5) is continuing to comply with the requirements of 
     section 205.

     SEC. 207. SETTLEMENT OF OUTSTANDING U.S. CLAIMS TO 
                   CONFISCATED PROPERTY IN CUBA.

       (a) Support for a Transition Government.--Notwithstanding 
     any other provision of this Act--
       (1) no assistance may be provided under the authority of 
     this Act to a transition government in Cuba, and
       (2) the Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to vote against any loan or other utilization of 
     the funds of such bank or institution for the benefit of a 
     transition government in Cuba, except for assistance to meet 
     the emergency humanitarian needs of the Cuban people.

     unless the President determines and certifies to Congress 
     that such a government has publicly committed itself, and is 
     taking appropriate steps, to establish a procedure under its 
     law or through international arbitration to provide for the 
     return of, or prompt, adequate, and effective compensation 
     for, property confiscated by the Government of Cuba on or 
     after January 1, 1959, from any person or entity that is a 
     United States national who is described in section 620(a)(2) 
     of the Foreign Assistance Act of 1961.
       (b) Support for a Democratically Elected Government.--
     Notwithstanding any other provision of this Act--
       (1) no assistance may be provided under the authority of 
     this Act to a democratically elected government in Cuba, and
       (2) the Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to vote against any loan or other utilization of 
     the funds of such bank or institution for the benefit of a 
     democratically elected government in Cuba.

     unless the President determines and certifies to Congress 
     that such a government has adopted and is effectively 
     implementing a procedure under its law or through 
     international arbitration to provide for the return of, or 
     prompt, adequate, and effective compensation for, property 
     confiscated by the Government of Cuba on or after January 1, 
     1959, from any person or entity that is a United States 
     national who is described in section 620(a)(2) of the Foreign 
     Assistance Act of 1961.
       (c) Report to Congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of State shall 
     provide a report to the appropriate congressional committees 
     containing an assessment of the property dispute question in 
     Cuba, including--
       (1) an estimate of the number and amount of claims to 
     property confiscated by the Cuban government held by United 
     States nationals beyond those certified under section 507 of 
     the International Claims Settlement Act of 1949,
       (2) an assessment of the significance of promptly resolving 
     confiscated property claims to the revitalization of the 
     Cuban economy,
       (3) a review and evaluation of technical and other 
     assistance that the United States could provide to help 
     either a transition government in Cuba or a democratically 
     elected government in Cuba establish mechanisms to resolve 
     property questions,
       (4) an assessment of the role and types of support the 
     United States could provide to help resolve claims to 
     property confiscated by the Cuban government held by United 
     States nationals who did not receive or qualify for 
     certification under section 507 of the International Claims 
     Settlement Act of 1949, and
       (5) an assessment of any areas requiring legislative review 
     or action regarding the resolution of property claims in Cuba 
     prior to a change of government in Cuba.
       (d) Sense of Congress.--It is the sense of the Congress 
     that the satisfactory resolution of property claims by a 
     Cuban government recognized by the United States remains an 
     essential condition for the full resumption of economic and 
     diplomatic relations between the United States and Cuba.
       (e) Waiver.--The President may waive the prohibitions in 
     subsections (a) and (b) if the President determines and 
     certifies to the Congress that it is in the vital national 
     interest of the United States to provide assistance to 
     contribute to the stable foundation for a democratically 
     elected government in Cuba.
                                 ______


                        HELMS AMENDMENT NO. 2937

  (Ordered to lie on the table.)
  Mr. HELMS 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:

  TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS 
           AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME

     SEC. 301. STATEMENT OF POLICY.

       The Congress makes the following findings:
       (1) Individuals enjoy a fundamental right to own and enjoy 
     property which is enshrined in the United States 
     Constitution.
       (2) 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.
       (3) Since Fidel Castro seized power in Cuba in 1959--
       (A) he has trampled on the fundamental rights of the Cuban 
     people, and
       (B) through his personal despotism, he has confiscated the 
     property of--
       (i) millions of his own citizens,
       (ii) thousands of United States nationals, and
       (iii) thousands more Cubans who claimed asylum in the 
     United States as refugees because of persecution and later 
     became naturalized citizens of the United States.
       (4) It is in the interest of the Cuban people that the 
     government of Cuba respect equally the property rights of 
     Cuban and foreign nationals.
       (5) 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.
       (6) This ``trafficking'' in confiscated property provides 
     badly needed financial benefit, including hard currency, oil 
     and productive investment and expertise, to the current 
     government of Cuba and thus undermines the foreign policy of 
     the United States--
       (A) to bring democratic institutions to Cuba through the 
     pressure of a general economic embargo at a time when the 
     Castro regime has proven to be vulnerable to international 
     economic pressure, and
       (B) to protect the claims of United States nationals who 
     had property wrongfully confiscated by the Cuban government.
       (7) 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''.
       (8) The international judicial system, as currently 
     structured, lacks fully effective remedies for the wrongful 
     confiscation of property and for unjust enrichment from the 
     use of wrongfully confiscated property by governments and 
     private entities at the expense of the rightful owners of the 
     property.
       (9) International law recognizes that a nation has the 
     ability to provide for rules of law with respect to ``conduct 
     outside its territory that has or is intended to have 
     substantial effect within its territory''.
       (10) The United States Government has an obligation to its 
     citizens to provide protection against wrongful confiscations 
     by foreign nations and their citizens, including the 
     provision of private remedies.
       (11) To deter trafficking in wrongfully confiscated 
     property, United States nationals who were the victims of 
     these confiscations should be endowed with a judicial remedy 
     in the courts of the United States that would deny 
     traffickers any profits from economically exploiting Castro's 
     wrongful seizures.

     SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY 
                   CLAIMED BY UNITED STATES NATIONALS.

       (a) Civil Remedy.--(1) Liability of Trafficking.--(A) 
     Except as otherwise provided in this section, any person or 
     entity, including any agency or instrumentality of a foreign 
     state in the conduct of a commercial activity, that after the 
     end of the 6-month period beginning on the date of enactment 
     of this Act traffics in property which was confiscated by the 
     Government of Cuba on or after January 1, 1959, shall be 
     liable to the United States national who owns the claim to 
     such property for money damages in an amount equal to the sum 
     of--
       (i) the amount which is the greater of--
       (I) the amount, if any, certified to the claimant by the 
     Foreign Claims Settlement Commission under the International 
     Claims Settlement Act of 1949, plus interest;
       (II) the amount determined under section 303(a)(2), plus 
     interest; or
       (III) 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, whichever is 
     greater; and

[[Page S 15256]]

       (ii) reasonable court costs and attorneys' fees.
       (B) Interest under subparagraph (A)(I) shall be at the rate 
     set forth in section 1961 of title 28, United States Code, 
     computed by the court from the date of confiscation of the 
     property involved to the date on which the action is brought 
     under this subsection.
       (2) Presumption in Favor of the Certified Claims.--There 
     shall be a presumption that the amount for which a person or 
     entity, including any agency or instrumentality of a foreign 
     state in the conduct of a commercial activity, is liable 
     under clause (i) of paragraph (1)(A) is the amount that is 
     certified under subclause (I) of that clause. The presumption 
     shall be rebuttable by clear and convincing evidence that the 
     amount described in subclause (II) or (III) of that clause is 
     the appropriate amount of liability under that clause.
       (3) Requirement for Prior Notice and Increased Liability 
     for Subsequent Additional Notice.--(A) Following the 
     conclusion of 180 days after the date of enactment of this 
     Act but at least 30 days prior to instituting suit hereunder, 
     notice of intention to institute a suit pursuant to this 
     section must be served on each intended party or, in the case 
     of ongoing intention to add any party to ongoing litigation 
     hereunder, to each such additional party.
       (B) Except as provided in this section, any person or 
     entity, including any agency or instrumentality of a foreign 
     state in the conduct of a commercial activity, that traffics 
     in confiscated property after having received--
       (i) a subsequent additional notice of a claim to ownership 
     of the property by the United States national who owns the 
     claim to the confiscated property, and
       (ii) notice of the provisions of this section, shall be 
     liable to that United States national for money damages in an 
     amount which is the sum of the amount equal to the amount 
     determined under paragraph (1)(A)(ii), plus triple the amount 
     determined applicable under subclause (I), (II), or (III) of 
     paragraph (1)(A)(I).
       (C) For purposes of this section, any person or entity, 
     including any agency or instrumentality of a foreign state, 
     shall be deemed to have received the notices described in 
     subsections (B)(I) and (ii) with respect to any claim 
     certified prior to the effective date hereof by the Foreign 
     claims Settlement Commission.
       (4) Applicability.--(A) Except as otherwise provided in 
     this paragraph, actions may be brought under paragraph (1) 
     with respect to property confiscated before, on, or after the 
     date of enactment of this Act.
       (B) In the case of property confiscated by the Government 
     of Cuba before the date of enactment of this title, no United 
     States national may bring an action under this section unless 
     such national acquired ownership of the claim to the 
     confiscated property before such date of enactment.
       (C) In the case of property confiscated on or after the 
     date of the enactment of this Act, no United States national 
     who acquired ownership of a claim to confiscated property by 
     assignment for value after such date of enactment may bring 
     an action on the claim under this section.
       (5) Treatment of certain actions.--(A) A United States 
     national who was eligible to file the underlying claim in the 
     action with the Foreign Claims Settlement Commission under 
     title V of the International Claims Settlement Act of 1949 
     but did not so file the claim may not bring an action under 
     this section.
       (B) In the case of any action brought under this section by 
     a United States national whose underlying claim in the action 
     was timely filed with the Foreign Claims Settlement 
     Commission under title V of the International Claims 
     Settlement Act of 1949 but was denied by the Commission, the 
     court shall accept the findings of the Commission on the 
     claim as conclusive in the action under this section.
       (6) Inapplicability of act of state doctrine.--No court of 
     the United States shall decline, based upon the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under paragraph (1).
       (7) Notwithstanding any other provision of law, an action 
     under this section may be brought and may be settled, and a 
     judgment rendered in such action may be enforced, without the 
     necessity of obtaining any license or other permission from 
     any agency of the United States, except that this subsection 
     shall not apply to the execution of a judgment against or the 
     settlement of actions involving property blocked under the 
     authority of the Trading with the Enemy Act (Appendix to 
     title 50, United States Code, sections 1 through 44).
       (8) Notwithstanding any other provision of law, any claim 
     against the Government of Cuba shall not be deemed an 
     interest in property the transfer of which required or 
     requires a license or permission of any agency of the United 
     States.
       (b) Amount in Controversy.--An action may be brought under 
     this section by a United States national only where the 
     matter in controversy exceeds the sum or value of $50,000 
     exclusive of costs and attorneys' fees, exclusive of interest 
     under sections 302(a)(I), (II), and (III), and exclusive of 
     any additional sums under section 302(a)(3)(B).
       (c) Service of Process.--(1) Service of process shall be 
     effected against an agency or instrumentality of a foreign 
     state in the conduct of a commercial activity, or against 
     individuals acting under color of law in conformity with 
     section 1608 of title 28, United States Code, except as 
     provided by paragraph (3) of this subsection.
       (2) Service of process shall be effected against all 
     parties not included under the terms of paragraph (1) in 
     conformity with section 1331 of title 28, United States Code.
       (3) For all actions brought under section 302 of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1995, no 
     judgment by default shall be entered by a court of the United 
     States against the government of Cuba, its political 
     subdivision, or its agencies or instrumentalities, unless a 
     government recognized by the United States in Cuba and with 
     which it has diplomatic relations is given the opportunity to 
     cure and be heard thereon and the claimant establishes his 
     claim or right to relief by evidence satisfactory to the 
     court.
       (d) Certain Property Immune From Execution.--Section 1611 
     of title 28, United States Code, is amended by adding at the 
     end of the following:
       ``(c) Notwithstanding the provisions of section 1610 of 
     this chapter, the property of a foreign state shall be immune 
     from attachment and from execution in an action brought under 
     section 1605(7) to the extent the property is a facility or 
     installation used by an accredited diplomatic mission for 
     official purposes.''.
       (e) Election of Remedies.--
       (1) Election.--Subject to paragraph (2), and except for an 
     action or proceeding commenced prior to enactment of this 
     Act--
       (A) any United States national that brings an action under 
     this section may not bring any other civil action or 
     proceeding under the common law, Federal law, or the law of 
     any of the several states, the District of Columbia, or any 
     territory or possession of the United States that seeks 
     monetary or nonmonetary compensation by reason of the same 
     subject matter; and
       (B) any person who brings, under the common law or any 
     provision of law other than this section, a civil action or 
     proceeding for monetary or nonmonetary compensation arising 
     out of a claim for which an action would otherwise be 
     cognizable under this section may not bring an action under 
     this section on that claim.
       (2) Treatment of certified claimants.--In the case of any 
     United States national that brings an action under this 
     section based on a claim certified under title V of the 
     International Claims Settlement Act of 1949--
       (A) if the recovery in the action is equal to or greater 
     than the amount of the certified claim, the United States 
     national may not receive payment on the claim under any 
     agreement entered into between the United States and Cuba 
     settling claims covered by such title, and such national 
     shall be deemed to have discharged the United States from 
     any further responsibility to represent the United States 
     national with respect to that claim;
       (B) If the recovery in the action is less than the amount 
     of the certified claim, the United States national may 
     receive payment under a claims agreement described in 
     subparagraph (A) but only to the extent of the difference 
     between the amount of the recovery and the amount of the 
     certified claim; and
       (C) If there is no recovery in the action, the United 
     States national may receive payment on the certified claim 
     under a claims agreement described in subparagraph (A) to the 
     same extent as any certified claimant who does not bring an 
     action under this section.
       (D) In the event some or all actions or claims filed under 
     this section are consolidated by judicial or other action in 
     such manner as to create a pool of assets available to 
     satisfy such claims, including a pool of assets in a 
     proceeding in bankruptcy, every certified claimant who filed 
     such an action or claim which is consolidated in such manner 
     with other claims shall be entitled to payment in full of its 
     claim from the assets in such pool prior to any payment from 
     the assets in such pool with respect to any claim not 
     certified by the Foreign Claims Settlement Commission.
       (f) Deposit of Excess Payments by Cuba Under Claim 
     Agreement.--Any amounts paid by Cuba under any agreement 
     entered into between the United States and Cuba settling 
     certified claims under title V of the International Claims 
     Settlement Act of 1949 that are in excess of the payments 
     made on such certified claims after the application of 
     subsection (e) shall be deposited into the United States 
     Treasury.
       (g) Termination of Rights.--(1) All rights created under 
     this section to bring an action for money damages with 
     respect to property confiscated by the Government of Cuba 
     before the date of enactment of this Act shall cease upon 
     transmittal to the Congress of a determination of the 
     President under section 203(c).
       (2) The termination of rights under paragraph (1) shall not 
     affect suits commenced before the date of such termination, 
     and in all such suits, proceedings shall be had, appeals 
     taken, and judgments rendered in the same manner and with the 
     same effect as if this subsection had not been enacted.

     SEC. 303. PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED 
                   PROPERTY.

       (a) Evidence of Ownership.--(1) In any action brought under 
     this Act, the courts shall accept as conclusive proof of 
     ownership a certification of a claim to ownership that has 
     been made by the Foreign Claims Settlement Commission 
     pursuant to title V of the International Claims Settlement 
     Act of 1949 (22 U.S.C. 1643 and following).

[[Page S 15257]]

       (2) In the case of a claim that has not been certified by 
     the Foreign Claims Settlement Commission before the enactment 
     of this Act, a court may appoint a Special Master, including 
     the Foreign Claims Settlement Commission, to make 
     determinations regarding the amount and ownership of claims 
     to ownership of confiscated property by the Government of 
     Cuba. Such determinations are only for evidentiary purposes 
     in civil actions brought under this Act and do not constitute 
     certifications pursuant to title V of the International 
     Claims Settlement Act of 1949.
       (3) In determining ownership, courts shall not accept as 
     conclusive evidence of ownership any findings, orders, 
     judgments, or decrees from administrative agencies or courts 
     of foreign countries or international organizations that 
     invalidate the claim held by a United States national, unless 
     the invalidation was found pursuant to binding international 
     arbitration to which United States submitted the claim.
       (b) Amendment of the International Claims Settlement Act of 
     1949.--Title V of the International Claims Settlement Act of 
     1949 (22 U.S.C. 1643 and following) is amended by adding at 
     the end of the following new section:

``DETERMINATION OF OWNERSHIP CLAIMS REFERRED BY DISTRICT COURTS OF THE 
                             UNITED STATES

       ``Sec. 514. Notwithstanding any other provision of this Act 
     and only for purposes of section 302 of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1995, a United States 
     district court, for fact-finding purposes, may refer to the 
     Commission, and the Commission may determine, questions of 
     the amount and ownership of a claim by a United States 
     nationals (as defined in section 4 of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1995, resulting from 
     the confiscation of property by the Government of Cuba 
     described in section 503(a), whether or not the United States 
     national qualified as a national of the United States (as 
     defined in section 502(1)) at the time of action by the 
     Government of Cuba''.
       (c) Rule of Construction.--Nothing in this Act or in 
     section 514 of the International Claims Settlement Act of 
     1949, as added by subsection (b), shall be construed--
       (1) to require or otherwise authorize the claims of Cuban 
     nationals who became United States citizens after their 
     property was confiscated to be included in the claims 
     certified to the Secretary of State by the Foreign Claims 
     Settlement Commission for purposes of future negotiation and 
     espousal of claims with a friendly government in Cuba when 
     diplomatic relations are restored; or
       (2) as superseding, amending, or otherwise altering 
     certifications that have been made pursuant to title V of the 
     International Claims Settlement Act of 1949 before the 
     enactment of this Act.

     SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION 
                   CERTIFICATION PROCEDURE.

       Title V of the International Claims Settlement Act of 1949 
     (22 U.S.C. 1643 and following), as amended by section 303, is 
     further amended by adding at the end the following new 
     section:

  ``EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFICATION 
                               PROCEDURE

       ``Sec. 515. (a) Subject to subsection (b) neither any 
     national of the United States who was eligible to file a 
     claim under section 503 but did not timely file such claim 
     under that section, nor any national of the United States (on 
     the date of the enactment of this section) who was not 
     eligible to file a claim under that section, nor any national 
     of Cuba, including any agency, instrumentality, subdivision, 
     or enterprise of the Government of Cuba or any local 
     government of Cuba in place on the date of the enactment of 
     this section, nor any successor thereto, whether or not 
     recognized by the United States, shall have a claim to, 
     participate in, or otherwise have an interest in, the 
     compensation proceeds or non-monetary compensation paid or 
     allocated to a national of the United States by virtue of a 
     claim certified by the Commission pursuant to section 507, 
     nor shall any district court of the United States have 
     jurisdiction to adjudicate any such claim.
       ``(b) Nothing in subsection (a) shall be construed to 
     detract from or otherwise affect any rights in the shares of 
     capital stock of nationals of the United States owning claims 
     certified by the Commission under section 507.''.

     SEC. 305. DEFINITIONS.

       As used in this title, 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 
     title under paragraph 4(B).
       (2) Commercial activity.--The term ``commercial activity'' 
     has the meaning given that term in section 1603(d) of title 
     28, United States Code.
       (3) Confiscated.--The term ``confiscated'' refers to--
       (A) the nationalization, expropriation, or other seizure by 
     the Cuban government of ownership or control of property, on 
     or after January 1, 1959--
       (i) without the property having been returned or adequate 
     and effective compensation provided; or
       (ii) without the claim to the property having been settled 
     pursuant to an international claims settlement agreement or 
     other mutually accepted settlement procedure; and
       (B) the repudiation by the Cuban government of, the default 
     by the Cuban government on, or the failure by the Cuban 
     government to pay, on or after January 1, 1959--
       (i) a debt of any enterprise which has been nationalized, 
     expropriated, or otherwise taken by the Cuban government,
       (ii) a debt which is a charge on property nationalized, 
     expropriated, or otherwise taken by the Cuban government, or
       (iii) a debt which was incurred by the Cuban government in 
     satisfaction or settlement of a confiscated property claim.
       (4) 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.
       (5) Foreign national.--The term ``foreign national'' 
     means--
       (A) an alien, or
       (B) any corporation, trust, partnership, or other juridical 
     entity not organized under the laws of the United States, or 
     of any State, the District of Columbia, or the Commonwealth 
     of Puerto Rico, or any other territory or possession of the 
     United States.
       (6) Knowingly.--The term ``knowingly'' means with knowledge 
     or having reason to know.
       (7) Official of the cuban government or the ruling 
     political party in Cuba.--The term ``official of the Cuban 
     Government or the ruling political party in Cuba'' refers to 
     members of the Council of Ministers, Council of State, 
     central committee of the Cuban Communist Party, the 
     Politburo, or their equivalents.
       (8) Property.--(A) The term ``property'' means any property 
     (including patents, copyrights, trademarks, and any other 
     form of intellectual property), whether real, personal or 
     mixed, and any present, future, or contingent right, 
     security, or other interest therein, including any leasehold 
     interest.
       (B) For purposes of this title, the term ``property'' shall 
     not include real property used for residential purposes, 
     unless, at the time of enactment of this Act--
       (I) the claim to the property is held by a United States 
     national and the claim has been certified under title V of 
     the International Claims Settlement Act of 1949; or
       (ii) the property is occupied by an official of the Cuban 
     government or the ruling political party in Cuba.
       (9) Traffics.--(A) AS used in this title, a person or 
     entity ``traffics'' in property if that person or entity 
     knowingly and intentionally--
       (I) sells, transfers, distributes, dispenses, brokers, 
     manages, or otherwise disposes of confiscated property, or 
     purchases, leases, received, possesses, obtains, control of, 
     manages, uses or otherwise acquires or holds an interest in 
     confiscated property,
       (ii) engages in a commercial activity using or otherwise 
     benefitting from a confiscated property, or
       (iii) causes, directs, participates in, or profits from, 
     trafficking (as described in clauses (I) and (ii)) by another 
     person, or otherwise engages in trafficking (as described in 
     clauses (I) and (ii)) through another person,

     without the authorization of the United States national who 
     holds a claim to the property.
       (B) The term ``traffic'' does not include--
       (I) the delivery of international telecommunications 
     signals to Cuba;
       (ii) the trading or holding of securities publicly traded 
     or held, unless the trading is with or by a person determined 
     by the Secretary of the Treasury to be a specially designated 
     national;
       (iii) transactions and uses of property incident to lawful 
     travel to Cuba, to the degree that such transactions and uses 
     of property are necessary to the conduct of such travel; or
       (iv) transactions and uses of property for residential 
     purposes by a person who is both a citizen of Cuba and a 
     resident of Cuba, and who is not an official of the Cuban 
     government or the ruling political party in Cuba, unless, at 
     the time of enactment of this title, the claim to the 
     property is held by a United States national and the claims 
     has been certified under title V of the International Claims 
     Settlement Act of 1949.
       (10) United States National.--The term ``United States 
     national'' means--
       (A) any United States citizen; or
       (B) any other legal entity which is organized under the 
     laws of the United States, or of any State, the District of 
     Columbia, or the Commonwealth of Puerto Rico, or any other 
     territory or possession of the United States, and which has 
     its principal place of business in the United States.

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