[Congressional Record Volume 141, Number 161 (Wednesday, October 18, 1995)]
[Senate]
[Page S15292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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

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                        HELMS AMENDMENT NO. 2938

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

       At the end, add 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 $100,000, exclusive of costs, 
     attorneys' fees, and exclusive of 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.

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