```

[Journal of the House of Representatives, 1995]
[Thursday, September 21, 1995 (119), Para 119.6 Recorded Vote]
[Pages 1428-1436]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.119.6  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment in the nature of a substitute 
submitted by Mr. McDERMOTT:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``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--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT

Sec. 101. Statement of policy.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition against indirect financing of the Castro 
              dictatorship.
Sec. 104. United States opposition to Cuban membership in international 
              financial institutions.
Sec. 105. United States opposition to ending the suspension of the 
              Government of Cuba from the Organization of American 
              States.
Sec. 106. Assistance by the Independent States of the former Soviet 
              Union for the Cuban Government.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on assistance and commerce received by Cuba from 
              other foreign countries.
Sec. 109. Authorization of support for democratic and human rights 
              groups and international observers.
Sec. 110. Withholding of foreign assistance from countries supporting 
              nuclear plant in Cuba.
Sec. 111. Expulsion of criminals from Cuba.
Sec. 112. Exports of food or medical items.

          TITLE II--ASSISTANCE TO 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. Coordination of assistance program; implementation and 
              reports to Congress; reprogramming.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements for a transition government.
Sec. 206. Requirements for a democratically elected government.

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

Sec. 301. Statement of policy.
Sec. 302. Liability for trafficking in property confiscated from United 
              States nationals.
Sec. 303. Determination of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission 
              certification procedure.

                 TITLE IV--EXCLUSION OF CERTAIN ALIENS

Sec. 401. Exclusion from the United States of aliens who have 
              confiscated property of United States nationals or who 
              traffic in such property.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) The economy of Cuba has experienced a decline of at 
     least 60 percent in the last 5 years as a result of--
       (A) the end of its subsidization by the former Soviet Union 
     of between 5 billion and 6 billion dollars annually;
       (B) 36 years of Communist tyranny and economic 
     mismanagement by the Castro government;
       (C) the extreme decline in trade between Cuba and the 
     countries of the former Soviet bloc; and
       (D) the stated policy of the Russian Government and the 
     countries of the former Soviet bloc to conduct economic 
     relations with Cuba on strictly commercial terms.
       (2) At the same time, the welfare and health of the Cuban 
     people have substantially deteriorated as a result of this 
     economic decline and the refusal of the Castro regime to 
     permit free and fair democratic elections in Cuba.
       (3) The Castro regime has made it abundantly clear that it 
     will not engage in any substantive political reforms that 
     would lead to democracy, a market economy, or an economic 
     recovery.
       (4) The repression of the Cuban people, including a ban on 
     free and fair democratic elections, and continuing violations 
     of fundamental human rights have isolated the Cuban regime as 
     the only completely nondemocratic government in the Western 
     Hemisphere.
       (5) As long as free elections are not held in Cuba, the 
     economic condition of the country and the welfare of the 
     Cuban people will not improve in any significant way.
       (6) 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.
       (7) Radio Marti and Television Marti have both been 
     effective vehicles for providing the people of Cuba with news 
     and information and have helped to bolster the morale of the 
     people of Cuba living under tyranny.
       (8) 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 
     sanctioning the totalitarian Castro regime.
       (9) The United States has shown a deep commitment, and 
     considers it a moral obligation, to promote and protect human 
     rights and fundamental freedoms as expressed in the Charter 
     of the United Nations and in the Universal Declaration of 
     Human Rights.
       (10) The Congress has historically and consistently 
     manifested its solidarity and the solidarity of the American 
     people with the democratic aspirations of the Cuban people.
       (11) The Cuban Democracy Act of 1992 calls upon the 
     President to encourage the governments of countries that 
     conduct trade with Cuba to restrict their trade and credit 
     relations with Cuba in a manner consistent with the purposes 
     of that Act.
       (12) The 1992 FREEDOM Support Act requires that the 
     President, in providing economic assistance to Russia and the 
     emerging Eurasian democracies, take into account the extent 
     to which they are acting to ``terminate support for the 
     communist regime in Cuba, including removal of troops, 
     closing military facilities, and ceasing trade subsidies and 
     economic, nuclear, and other assistance''.
       (13) The Cuban Government engages in the illegal 
     international narcotics trade and harbors fugitives from 
     justice in the United States.

[[Page 1429]]

       (14) The Castro government threatens 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.
       (15) The Castro government has utilized from its inception 
     and continues to utilize torture in various forms (including 
     by psychiatry), as well as execution, exile, confiscation, 
     political imprisonment, and other forms of terror and 
     repression, as means of retaining power.
       (16) Fidel Castro has defined democratic pluralism as 
     ``pluralistic garbage'' and continues to make clear that he 
     has no intention of tolerating the democratization of Cuban 
     society.
       (17) The Castro government holds innocent Cubans hostage in 
     Cuba by no fault of the hostages themselves solely because 
     relatives have escaped the country.
       (18) Although a signatory state to the 1928 Inter-American 
     Convention on Asylum and the International Covenant on Civil 
     and Political Rights (which protects the right to leave one's 
     own country), Cuba nevertheless surrounds embassies in its 
     capital by armed forces to thwart the right of its citizens 
     to seek asylum and systematically denies that right to the 
     Cuban people, punishing them by imprisonment for seeking to 
     leave the country and killing them for attempting to do so 
     (as demonstrated in the case of the confirmed murder of over 
     40 men, women, and children who were seeking to leave Cuba on 
     July 13, 1994).
       (19) The Castro government continues to utilize blackmail, 
     such as the immigration crisis with which it threatened the 
     United States in the summer of 1994, and other unacceptable 
     and illegal forms of conduct to influence the actions of 
     sovereign states in the Western Hemisphere in violation of 
     the Charter of the Organization of American States and other 
     international agreements and international law.
       (20) The United Nations Commission on Human Rights has 
     repeatedly reported on the unacceptable human rights 
     situation in Cuba and has taken the extraordinary step of 
     appointing a Special Rapporteur.
       (21) The Cuban Government has consistently refused access 
     to the Special Rapporteur and formally expressed its decision 
     not to ``implement so much as one comma'' of the United 
     Nations Resolutions appointing the Rapporteur.
       (22) The United Nations General Assembly passed Resolution 
     1992/70 on December 4, 1992, Resolution 1993/48/142 on 
     December 20, 1993, and Resolution 1994/49/544 on October 19, 
     1994, referencing the Special Rapporteur's reports to the 
     United Nations and condemning ``violations of human rights 
     and fundamental freedoms'' in Cuba.
       (23) Article 39 of Chapter VII of the United Nations 
     Charter provides that the United Nations Security Council 
     ``shall determine the existence of any threat to the peace, 
     breach of the peace, or act of aggression and shall make 
     recommendations, or decide what measures shall be taken . . 
     ., to maintain or restore international peace and 
     security.''.
       (24) The United Nations has determined that massive and 
     systematic violations of human rights may constitute a 
     ``threat to peace'' under Article 39 and has imposed 
     sanctions due to such violations of human rights in the cases 
     of Rhodesia, South Africa, Iraq, and the former Yugoslavia.
       (25) In the case of Haiti, a neighbor of Cuba not as close 
     to the United States as Cuba, the United States led an effort 
     to obtain and did obtain a United Nations Security Council 
     embargo and blockade against that country due to the 
     existence of a military dictatorship in power less than 3 
     years.
       (26) United Nations Security Council Resolution 940 of July 
     31, 1994, subsequently authorized the use of ``all necessary 
     means'' to restore the ``democratically elected government of 
     Haiti'', and the democratically elected government of Haiti 
     was restored to power on October 15, 1994.
       (27) The Cuban people deserve to be assisted in a decisive 
     manner to end the tyranny that has oppressed them for 36 
     years and the continued failure to do so constitutes 
     ethically improper conduct by the international community.
       (28) For the past 36 years, the Cuban Government has posed 
     and continues to pose a national security threat to the 
     United States.

     SEC. 3. PURPOSES.

       The purposes of this Act are as follows:
       (1) To assist the Cuban people in regaining their freedom 
     and prosperity, as well as in joining the community of 
     democracies that are flourishing in the Western Hemisphere.
       (2) To seek international sanctions against the Castro 
     government in Cuba.
       (3) To encourage the holding of free and fair democratic 
     elections in Cuba, conducted under the supervision of 
     internationally recognized observers.
       (4) To develop a plan for furnishing assistance to a 
     transition government and, subsequently, to a democratically 
     elected government when such governments meet the eligibility 
     requirements of this Act.
       (5) To protect property rights abroad of United States 
     nationals.
       (6) 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 domestic repression from which refugees 
     flee to United States shores.

     SEC. 4. DEFINITIONS.

       As used in this Act, the following terms have the following 
     meanings:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations, the Committee on Ways and Means, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Foreign Relations, the 
     Committee on Finance, and the Committee on Appropriations of 
     the Senate.
       (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.--As used in titles I and III, 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 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 of the Government of Cuba'' means an agency 
     or instrumentality of a foreign state as defined in section 
     1603(b) of title 28, United States Code, with ``Cuba'' 
     substituted for ``a foreign state'' each place it appears in 
     such section.
       (5) Democratically elected government in cuba.--The term 
     ``democratically elected government in Cuba'' means a 
     government determined by the President to have met the 
     requirements of section 206.
       (6) 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), 
     and 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).
       (7) 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, the Commonwealth of 
     Puerto Rico, or any other territory or possession of the 
     United States.
       (8) Knowingly.--The term ``knowingly'' means with knowledge 
     or having reason to know.
       (9) 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, as of the date of the enactment 
     of this Act--
       (i) the claim to the property is owned 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 a member or official of 
     the Cuban Government or the ruling political party in Cuba.
       (10) Traffics.--(A) As used in title III, 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, receives, 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 
     benefiting from 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 ``traffics'' does not include--
       (i) the delivery of international telecommunication signals 
     to Cuba that are authorized by section 1705(e) of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6004(e)); or
       (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.
       (11) Transition government in cuba.--The term ``transition 
     government in Cuba'' means a government determined by the

[[Page 1430]]

     President to have met the requirements of section 205.
       (12) 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, 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--SEEKING 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 Cuban 
     Government pursuant to chapter VII of the Charter of the 
     United Nations, which is similar to measures taken by United 
     States representatives with respect to Haiti; and
       (3) any resumption or commencement of efforts by any state 
     to make operational the nuclear facility at Cienfuegos, Cuba, 
     will have a detrimental impact on United States assistance to 
     and relations with that state.

     SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

       (a) Policy.--(1) The Congress hereby reaffirms section 
     1704(a) of the Cuban Democracy Act of 1992 that states the 
     President should encourage foreign countries to restrict 
     trade and credit relations with Cuba.
       (2) The Congress further urges the President to take 
     immediate steps to apply the sanctions described in section 
     1704(b) of that Act against countries assisting Cuba.
       (b) Diplomatic Efforts.--The Secretary of State shall 
     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 should instruct 
     the Secretary of the Treasury and the Attorney General to 
     enforce fully the Cuban Assets Control Regulations set forth 
     in part 515 of title 31, Code of Federal Regulations.
       (d) Trading With the Enemy Act.--
       (1) Civil penalties.--Subsection (b) of section 16 of the 
     Trading With the Enemy Act (50 U.S.C. App. 16(b)) 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 
     discretion of the Secretary of the Treasury, be forfeited to 
     the United States Government.
       ``(3) The penalties provided under this subsection may not 
     be imposed for--
       ``(A) news gathering, research, or the export or import of, 
     or transmission of, information or informational materials; 
     or
       ``(B) clearly defined educational or religious activities, 
     or activities of recognized human rights organizations, that 
     are reasonably limited in frequency, duration, and number of 
     participants.
       ``(4) 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.
       ``(5) 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) Forfeiture of property used in violation.--Section 16 
     of the Trading With the Enemy Act is further amended by 
     striking subsection (c).
       (3) Clerical amendment.--Section 16 of the Trading With the 
     Enemy Act is further amended by inserting ``Sec. 16.'' before 
     ``(a)''.
       (e) Coverage of Debt-for-Equity Swaps by 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 owed to a foreign country in return for a grant of 
     an equity interest in a property, investment, or operation of 
     the Government of Cuba (including the government of any 
     political subdivision of Cuba, and any agency or 
     instrumentality of the Government of Cuba) or of a Cuban 
     national; and''; and
       (4) by adding at the end the following flush sentence:
     ``As used in this paragraph, the term `agency or 
     instrumentality of the Government of Cuba' means an agency or 
     instrumentality of a foreign state as defined in section 
     1603(b) of title 28, United States Code, with `Cuba' 
     substituted for `a foreign state' each place it appears in 
     such section.''.

     SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF THE 
                   CASTRO DICTATORSHIP.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no loan, credit, or other financing may be extended 
     knowingly by a United States national, permanent resident 
     alien, or United States agency, to a foreign national, United 
     States national, or permanent resident alien, in order to 
     finance transactions involving any confiscated property the 
     claim to which is owned by a United States national as of the 
     date of the enactment of this Act.
       (b) Termination of Prohibition.--The prohibition of 
     subsection (a) shall cease to apply on the date on which the 
     economic embargo of Cuba terminates under section 205.
       (c) Penalties.--Violations of subsection (a) shall be 
     punishable by the same penalties as are applicable to 
     violations of the Cuban Assets Control Regulations set forth 
     in part 515 of title 31, Code of Federal Regulations.
       (d) Definitions.--As used in this section--
       (1) the term ``permanent resident alien'' means an alien 
     admitted for permanent residence into the United States; and
       (2) the term ``United States agency'' has the meaning given 
     the term ``agency'' in section 551(1) of title 5, United 
     States Code.

     SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN 
                   INTERNATIONAL FINANCIAL INSTITUTIONS.

       (a) Continued Opposition to Cuban Membership in 
     International Financial Institutions.--(1) Except as provided 
     in paragraph (2), the Secretary of the Treasury shall 
     instruct the United States executive director to each 
     international financial institution to use the voice and vote 
     of the United States to oppose the admission of Cuba as a 
     member of that institution until the President submits a 
     determination under section 203(c)(3) that a democratically 
     elected government in Cuba is in power.
       (2) Once the President submits a determination under 
     section 203(c)(1) that a transition government in Cuba is in 
     power, 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.
       (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 that 
     institution an amount equal to the amount of the loan or 
     other assistance to the Cuban Government, with respect to 
     each of the following types of payment:
       (1) The paid-in portion of the increase in capital stock of 
     the institution.
       (2) The callable portion of the increase in capital stock 
     of the institution.
       (c) Definition.--For purposes of this section, the term 
     ``international financial institution'' means the 
     International Monetary Fund, the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Multilateral Investment Guaranty Agency, and the Inter-
     American Development Bank.

     SEC. 105. UNITED STATES OPPOSITION TO ENDING THE SUSPENSION 
                   OF THE GOVERNMENT OF CUBA FROM THE ORGANIZATION 
                   OF AMERICAN STATES.

       The President should instruct the United States Permanent 
     Representative to the Organization of American States to use 
     the voice and vote of the United States to oppose ending the 
     suspension of the Government of Cuba from the Organization 
     until the President determines under section 203(c)(3) that a 
     democratically elected government in Cuba is in power.

     SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER 
                   SOVIET UNION FOR THE CUBAN GOVERNMENT.

       (a) Reporting Requirement.--Not later than 90 days after 
     the date of the enactment of this Act, the President shall 
     submit to the appropriate congressional committees a report 
     detailing progress towards the withdrawal of personnel of any 
     independent state of the former Soviet Union (within the 
     meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 
     5801)), including advisers, technicians, and military 
     personnel, from the Cienfuegos nuclear facility in Cuba.
       (b) Criteria for Assistance.--Section 498A(a)(11) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) 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 
     that 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 Cuban Government; 
     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:

[[Page 1431]]

       ``(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 Cuban Government on terms that involve 
     a grant, concessional price, guaranty, insurance, or subsidy;
       ``(B) imports from the Cuban Government at preferential 
     tariff rates;
       ``(C) exchange arrangements that include advance delivery 
     of commodities, arrangements in which the Cuban Government 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 debt 
     in return for a grant by the Cuban Government of an equity 
     interest in a property, investment, or operation of the Cuban 
     Government 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 of the Government of Cuba' means an agency or 
     instrumentality of a foreign state as defined in section 
     1603(b) of title 28, United States Code, with `Cuba' 
     substituted for `a foreign state' each place it appears in 
     such section.''.
       (d) Facilities at Lourdes, Cuba.--(1) The Congress 
     expresses its strong disapproval of the extension by Russia 
     of credits equivalent to approximately $200,000,000 in 
     support of the intelligence facility at Lourdes, Cuba, in 
     November 1994.
       (2) Section 498A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2295a) is amended by adding at the end the following 
     new subsection:
       ``(d) Reduction in Assistance for Support of Intelligence 
     Facilities in Cuba.--(1) Notwithstanding any other provision 
     of law, the President shall withhold from assistance 
     provided, on or after the date of the enactment of this 
     subsection, for an independent state of the former Soviet 
     Union under this chapter an amount equal to the sum of 
     assistance and credits, if any, provided 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; and
       ``(F) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160).''.

     SEC. 107. 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 the enactment of this Act, and every three months 
     thereafter until the conversion described in subsection (a) 
     is fully implemented, the Director of the United States 
     Information Agency 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)(3), the 
     Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and 
     following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 
     1465 and following) are repealed.

     SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA 
                   FROM OTHER FOREIGN COUNTRIES.

       (a) Reports Required.--Not later than 90 days after the 
     date of the enactment of this Act, and every year thereafter, 
     the President shall submit a report to the appropriate 
     congressional committees on assistance and commerce received 
     by 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 
     known:
       (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 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 whether or not any of the facilities 
     described in paragraph (3) is the subject of a claim 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; and
       (B) the amount of debt owed to 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 Cuban Government or of a 
     Cuban national.
       (6) A description of the steps taken to ensure that raw 
     materials and semifinished or finished goods produced by 
     facilities in Cuba involving foreign nationals do not enter 
     the United States market, either directly or through third 
     countries or parties.
       (7) An identification of countries that purchase, or have 
     purchased, arms or military supplies from the Cuban 
     Government or that otherwise have entered into agreements 
     with the Cuban Government that have a military application, 
     including--
       (A) a description of the military supplies, equipment, or 
     other materiel sold, bartered, or exchanged between the Cuban 
     Government and such countries;
       (B) a listing of the goods, services, credits, or other 
     consideration received by the Cuban Government in exchange 
     for military supplies, equipment, or materiel; and
       (C) the terms or conditions of any such agreement.

     SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN 
                   RIGHTS GROUPS AND INTERNATIONAL OBSERVERS.

       (a) Authorization.--Notwithstanding any other provision of 
     law, except for section 634A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2394-1) and comparable notification 
     requirements contained in any Act making appropriations for 
     foreign operations, export financing, and related programs, 
     the President is authorized to furnish assistance and provide 
     other support for individuals and independent nongovernmental 
     organizations to support democracy-building efforts for 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) OAS Emergency Fund.--(1) The President shall take the 
     necessary steps to encourage the Organization of American 
     States to create a special emergency fund for the explicit 
     purpose of deploying human rights observers, election 
     support, and election observation in Cuba.
       (2) The President should instruct the United States 
     Permanent Representative to the Organization of American 
     States to encourage other member states of the Organization 
     to join in calling for the Cuban Government to allow the 
     immediate deployment of independent human rights monitors of 
     the Organization throughout Cuba and on-site visits to Cuba 
     by the Inter-American Commission on Human Rights.
       (3) Notwithstanding section 307 of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2227) or any other provision of law 
     limiting the United States proportionate share of assistance 
     to Cuba by any international organization, the President 
     should provide not less than $5,000,000 of the voluntary 
     contributions of the United States to the Organization of 
     American States as of the date of the enactment of this Act 
     solely for the purposes of the special fund referred to in 
     paragraph (1).

     SEC. 110. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES 
                   SUPPORTING NUCLEAR PLANT IN CUBA.

       (a) Findings.--The Congress makes the following findings:
       (1) President Clinton stated in April 1993 that ``the 
     United States opposes the con

[[Page 1432]]

     struction of the Juragua nuclear power plant because of our 
     concerns about Cuba's ability to ensure the safe operation of 
     the facility and because of Cuba's refusal to sign the 
     Nuclear Non-Proliferation Treaty or ratify the Treaty of 
     Tlatelolco.''.
       (2) Cuba has not signed the Treaty on the Non-Proliferation 
     of Nuclear Weapons or ratified the Treaty of Tlatelolco, the 
     latter of which establishes Latin America and the Caribbean 
     as a nuclear weapons-free zone.
       (3) The State Department, the Nuclear Regulatory 
     Commission, and the Department of Energy have expressed 
     concerns about the construction and operation of Cuba's 
     nuclear reactors.
       (4) In a September 1992 report to Congress, the General 
     Accounting Office outlined concerns among nuclear energy 
     experts about deficiencies in the nuclear plant project in 
     Juragua, near Cienfuegos, Cuba, including--
       (A) a lack in Cuba of a nuclear regulatory structure;
       (B) the absence in Cuba of an adequate infrastructure to 
     ensure the plant's safe operation and requisite maintenance;
       (C) the inadequacy of training of plant operators;
       (D) reports by a former technician from Cuba who, by 
     examining with x-rays weld sites believed to be part of the 
     auxiliary plumbing system for the plant, found that 10 to 15 
     percent of those sites were defective;
       (E) since September 5, 1992, when construction on the plant 
     was halted, the prolonged exposure to the elements, including 
     corrosive salt water vapor, of the primary reactor 
     components; and
       (F) the possible inadequacy of the upper portion of the 
     reactors' dome retention capability to withstand only 7 
     pounds of pressure per square inch, given that normal 
     atmospheric pressure is 32 pounds per square inch and United 
     States reactors are designed to accommodate pressures of 50 
     pounds per square inch.
       (5) The United States Geological Survey claims that it had 
     difficulty determining answers to specific questions 
     regarding earthquake activity in the area near Cienfuegos 
     because the Cuban Government was not forthcoming with 
     information.
       (6) The Geological Survey has indicated that the Caribbean 
     plate, a geological formation near the south coast of Cuba, 
     may pose seismic risks to Cuba and the site of the power 
     plant, and may produce large to moderate earthquakes.
       (7) On May 25, 1992, the Caribbean plate produced an 
     earthquake numbering 7.0 on the Richter scale.
       (8) According to a study by the National Oceanic and 
     Atmospheric Administration, summer winds could carry 
     radioactive pollutants from a nuclear accident at the power 
     plant throughout all of Florida and parts of the States on 
     the gulf coast as far as Texas, and northern winds could 
     carry the pollutants as far northeast as Virginia and 
     Washington, D.C.
       (9) The Cuban Government, under dictator Fidel Castro, in 
     1962 advocated the Soviets' launching of nuclear missiles to 
     the United States, which represented a direct and dangerous 
     provocation of the United States and brought the world to the 
     brink of a nuclear conflict.
       (10) Fidel Castro over the years has consistently issued 
     threats against the United States Government, most recently 
     that he would unleash another perilous mass migration from 
     Cuba upon the enactment of this Act.
       (11) Despite the various concerns about the plant's safety 
     and operational problems, a feasibility study is being 
     conducted that would establish a support group to include 
     Russia, Cuba, and third countries with the objective of 
     completing and operating the plant.
       (b) Withholding of Foreign Assistance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President shall withhold from assistance allocated, 
     on or after the date of the enactment of this Act, for any 
     country an amount equal to the sum of assistance and credits, 
     if any, provided on or after such date of enactment by that 
     country or any entity in that country in support of the 
     completion of the Cuban nuclear facility at Juragua, near 
     Cienfuegos, Cuba.
       (2) Exceptions.--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) the creation of private sector and nongovernmental 
     organizations that are independent of government control;
       (D) the development of a free market economic system; and
       (E) assistance for the purposes described in the 
     Cooperative Threat Reduction Act of 1993 (title XII of Public 
     Law 103-160).
       (3) Definition.--As used in paragraph (1), the term 
     ``assistance'' means assistance under the Foreign Assistance 
     Act of 1961, credits, sales, and guarantees of extensions of 
     credit under the Arms Export Control Act, assistance under 
     titles I and III of the Agricultural Trade Development and 
     Assistance Act of 1954, assistance under the FREEDOM Support 
     Act of 1992, and any other program of assistance or credits 
     provided by the United States to other countries under other 
     provisions of law, except that the term ``assistance'' does 
     not include humanitarian assistance, including disaster 
     relief assistance.

     SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.

       The President shall instruct all United States Government 
     officials who engage in official conduct with the Cuban 
     Government to raise on a regular basis the extradition of or 
     rendering to the United States all persons residing in Cuba 
     who are sought by the United States Department of Justice for 
     crimes committed in the United States.

     SEC. 112. EXPORTS OF FOOD OR MEDICAL ITEMS.

       (a) Amendment to Embargo Authority in the Foreign 
     Assistance Act of 1961.--Section 620(a)(1) of the Foreign 
     Assistance Act of 1961 (22 u.S.C. 2370(a)(1)) is amended by 
     striking the period at the end of the second sentence and 
     inserting the following: ``, except that any such embargo 
     shall not apply with respect to the export of any medicines 
     or medical supplies, instruments, or equipment, or staple 
     foods. For purposes of the preceding sentence, the term 
     `staple foods' means meat, poultry, fish, bread, cereals, 
     grains, vegetables, fruits, and dairy products.''.
       (b) Limitation on Existing Restrictions on Trade With 
     Cuba.--Upon the enactment of this Act, any regulation, 
     proclamation, or provision of law, including Presidential 
     Proclamation 3447 of February 8, 1962, the Export 
     Administration Regulations (15 CFR 368-399), and the Cuban 
     Assets Control Regulations (31 CFR 515), that prohibits 
     exports to Cuba or transactions involving exports to Cuba and 
     that is in effect on the date of the enactment of this Act, 
     shall not apply with respect to the export to Cuba of 
     medicines or medical supplies, instruments, or equipment, or 
     staple foods.
       (c) Limitation on the Future Exercise of Authority.--
       (1) Export administration act of 1979.--After the enactment 
     of this Act, the President may not exercise the authorities 
     contained in the Export Administration Act of 1979 to 
     restrict the exportation to Cuba--
       (A) a medicines or medical supplies, instruments, or 
     equipment, except to the extent such restrictions would be 
     permitted under section 5 of that Act for goods containing 
     parts or components subjects to export controls under such 
     section; or
       (B) of staple foods.
       (2) International emergency economic powers act.--After the 
     enactment of this Act, the President may not exercise the 
     authorities contained in section 203 of the International 
     Emergency Economic Powers Act to restrict the export to 
     Cuba--
       (A) of medicines or medical supplies, instruments, or 
     equipment, to the extent such authorities are exercised to 
     deal with a threat to the foreign policy or economy of the 
     United States; or
       (B) of staple foods.
       (d) Definition.--For purposes of this section, the term 
     ``staple foods'' means meat, poultry, fish, bread, cereals, 
     grains, vegetables, fruits, and dairy products.
       (e) Conforming Amendments.--(1) Section 1705 of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6004) is amended--
       (A) in subsection (b)--
       (i) in the subsection caption by inserting ``and Exports of 
     Staple Foods'' after ``Food''; and
       (ii) by striking the period at the end and inserting the 
     following: ``or prohibit exports to Cuba of staple foods. For 
     purposes of the preceding sentence, the term `staple foods' 
     means meat, poultry, fish, bread, cereals, grains, 
     vegetables, fruits, and dairy products.'';
       (B) by amending subsection (c)(1) to read as follows:
       ``(1) except to the extent such restrictions--
       ``(A) would be permitted under section 5 of the Export 
     Administration Act of 1979 for goods containing parts or 
     components subject to export controls under such section; or
       ``(B) are imposed under section 208 of the International 
     Emergency Economic Powers Act to deal with a threat to the 
     national security of the United States;''; and
       (C) by striking subsection (d) and redesignating 
     subsections (e), (f), and (g) as subsections (d), (e), and 
     (f), respectively.
       (2) Section 1704(b)(2)(B)(i) of the Cuban Democracy Act of 
     1992 (22 U.S.C. 6003(b)(2)(B)(i)) is amended by inserting 
     after ``Cuba,'' the following: ``or exports of staple foods 
     permitted under section 1705(b),''.
          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

     SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A 
                   DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.

       The policy of the United States is as follows:
       (1) To support the self-determination of the Cuban people.
       (2) To recognize that the self-determination of the Cuban 
     people is a sovereign and national right of the citizens of 
     Cuba which must be exercised free of interference by the 
     government of any other country.
       (3) To encourage the Cuban people to empower themselves 
     with a government which reflects the self-determination of 
     the Cuban people.
       (4) To recognize the potential for a difficult transition 
     from the current regime in Cuba that may result from the 
     initiatives taken by the Cuban people for self-determination 
     in response to the intransigence of the Castro regime in not 
     allowing any substantive political or economic reforms, and 
     to be prepared to provide the Cuban people with humanitarian, 
     developmental, and other economic assistance.
       (5) In solidarity with the Cuban people, to provide 
     appropriate forms of assistance--
       (A) to a transition government in Cuba;

[[Page 1433]]

       (B) to facilitate the rapid movement from such a transition 
     government to a democratically elected government in Cuba 
     that results from an expression of the self-determination of 
     the Cuban people; and
       (C) to support such a democratically elected government.
       (6) Through such assistance, to facilitate a peaceful 
     transition to representative democracy and a market economy 
     in Cuba and to consolidate democracy in Cuba.
       (7) To deliver such assistance to the Cuban people only 
     through a transition government in Cuba, through a 
     democratically elected government in Cuba, through United 
     States Government organizations, or through United States, 
     international, or indigenous nongovernmental organizations.
       (8) To encourage other countries and multilateral 
     organizations to provide similar assistance, and to work 
     cooperatively with such countries and organizations to 
     coordinate such assistance.
       (9) To ensure that appropriate assistance is rapidly 
     provided and distributed to the people of Cuba upon the 
     institution of a transition government in Cuba.
       (10) Not to provide favorable treatment or influence on 
     behalf of any individual or entity in the selection by the 
     Cuban people of their future government.
       (11) To assist a transition government in Cuba and a 
     democratically elected government in Cuba to prepare the 
     Cuban military forces for an appropriate role in a democracy.
       (12) To be prepared to enter into negotiations with a 
     democratically elected government in Cuba either to return 
     the United States Naval Base at Guantanamo to Cuba or to 
     renegotiate the present agreement under mutually agreeable 
     terms.
       (13) To consider the restoration of diplomatic recognition 
     and support the reintegration of the Cuban Government into 
     Inter-American organizations when the President determines 
     that there exists a democratically elected government in 
     Cuba.
       (14) To take steps to remove the economic embargo of Cuba 
     when the President determines that a transition to a 
     democratically elected government in Cuba has begun.
       (15) To assist a democratically elected government in Cuba 
     to strengthen and stabilize its national currency.
       (16) To pursue trade relations with a free, democratic, and 
     independent Cuba.

     SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.

       (a) Authorization.--
       (1) In general.--The President shall develop a plan for 
     providing economic assistance to Cuba at such time as the 
     President determines that a transition government or a 
     democratically elected government in Cuba (as determined 
     under section 203(c)) is in power.
       (2) Effect on other laws.--Assistance may be provided under 
     this section subject to an authorization of appropriations 
     and subject to the availability of appropriations.
       (b) Plan for Assistance.--
       (1) Development of plan.--The President shall develop a 
     plan for providing assistance under this section--
       (A) to Cuba when a transition government in Cuba is in 
     power; and
       (B) to Cuba when a democratically elected government in 
     Cuba is in power.
       (2) Types of assistance.--Assistance under the plan 
     developed under paragraph (1) may, subject to an 
     authorization of appropriations and subject to the 
     availability of appropriations, include the following:
       (A) Transition government.--(i) Except as provided in 
     clause (ii), assistance to Cuba under a transition government 
     shall, subject to an authorization of appropriations and 
     subject to the availability of appropriations, be limited 
     to--
       (I) such food, medicine, medical supplies and equipment, 
     and assistance to meet emergency energy needs, as is 
     necessary to meet the basic human needs of the Cuban people; 
     and
       (II) assistance described in subparagraph (C).
       (ii) Assistance provided only after the President certifies 
     to the appropriate congressional committees, in accordance 
     with procedures applicable to reprogramming notifications 
     under section 634A of the Foreign Assistance Act of 1961, 
     that such assistance is essential to the successful 
     completion of the transition to democracy.
       (iii) Only after a transition government in Cuba is in 
     power, remittances by individuals to their relatives of cash 
     or goods, as well as freedom to travel to visit them without 
     any restrictions, shall be permitted.
       (B) Democratically elected government.--Assistance to a 
     democratically elected government in Cuba may, subject to an 
     authorization of appropriations and subject to the 
     availability of appropriations, consist of additional 
     economic assistance, together with assistance described in 
     subparagraph (C). Such economic assistance may include--
       (i) assistance under chapter 1 of part I (relating to 
     development assistance), and chapter 4 of part II (relating 
     to the economic support fund), of the Foreign Assistance Act 
     of 1961;
       (ii) assistance under the Agricultural Trade Development 
     and Assistance Act of 1954;
       (iii) financing, guarantees, and other forms of assistance 
     provided by the Export-Import Bank of the United States;
       (iv) financial support provided by the Overseas Private 
     Investment Corporation for investment projects in Cuba;
       (v) assistance provided by the Trade and Development 
     Agency;
       (vi) Peace Corps programs; and
       (vii) other appropriate assistance to carry out the policy 
     of section 201.
       (C) Military adjustment assistance.--Assistance to a 
     transition government in Cuba and to a democratically elected 
     government in Cuba shall also include assistance in preparing 
     the Cuban military forces to adjust to an appropriate role in 
     a democracy.
       (c) Strategy for Distribution.--The plan developed under 
     subsection (b) shall include a strategy for distributing 
     assistance under the plan.
       (d) Distribution.--Assistance under the plan developed 
     under subsection (b) shall be provided through United States 
     Government organizations and nongovernmental organizations 
     and private and voluntary organizations, whether within or 
     outside the United States, including humanitarian, 
     educational, labor, and private sector organizations.
       (e) International Efforts.--The President shall take the 
     necessary steps--
       (1) to seek to obtain the agreement of other countries and 
     of international financial institutions and multilateral 
     organizations to provide to a transition government in Cuba, 
     and to a democratically elected government in Cuba, 
     assistance comparable to that provided by the United States 
     under this Act; and
       (2) to work with such countries, institutions, and 
     organizations to coordinate all such assistance programs.
       (f) Communication With the Cuban People.--The President 
     shall take the necessary steps to communicate to the Cuban 
     people the plan for assistance developed under this section.
       (g) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall 
     transmit to the appropriate congressional committees a report 
     describing in detail the plan developed under this section.
       (h) Trade and Investment Relations.--
       (1) Report to congress.--The President, following the 
     transmittal to the Congress of a determination under section 
     203(c)(3) that a democratically elected government in Cuba is 
     in power, shall submit to the appropriate congressional 
     committees a report that describes--
       (A) acts, policies, and practices that 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 a democratically elected government in Cuba, 
     and the reasons therefor, including possible--
       (i) reciprocal extension of nondiscriminatory trade 
     treatment (most-favored-nation treatment);
       (ii) designation of Cuba as a beneficiary developing 
     country under title V of the Trade Act of 1974 (relating to 
     the Generalized System of Preferences) or as a beneficiary 
     country under the Caribbean Basin Economic Recovery Act, and 
     the implications of such designation with respect to trade 
     with 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 (19 U.S.C. 3317(b)(5)); 
     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) Consultations.--The President shall consult with the 
     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).

     SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION 
                   AND REPORTS TO CONGRESS; REPROGRAMMING.

       (a) Coordinating Official.--The President shall designate a 
     coordinating official who shall be responsible for--
       (1) implementing the strategy for distributing assistance 
     described in section 202(b);
       (2) ensuring the speedy and efficient distribution of such 
     assistance; and
       (3) ensuring coordination among, and appropriate oversight 
     by, the agencies of the United States that provide assistance 
     described in section 202(b), including resolving any disputes 
     among such agencies.
       (b) United States-Cuba Council.--Upon making a 
     determination under subsection (c)(3) that a democratically 
     elected government in Cuba is in power, the President, after 
     consultation with the coordinating official, is authorized to 
     designate a United States-Cuba council--
       (1) to ensure coordination between the United States 
     Government and the private sector in responding to change in 
     Cuba, and in promoting market-based development in Cuba; and
       (2) to establish periodic meetings between representatives 
     of the United States and Cuban private sectors for the 
     purpose of facilitating bilateral trade.
       (c) Implementation of Plan; Reports to Congress.--
       (1) Implementation with respect to transition government.--
     Upon making a determination that a transition government in

[[Page 1434]]

     Cuba is in power, the President shall transmit that 
     determination to the appropriate congressional committees and 
     shall, subject to an authorization of appropriations and 
     subject to the availability of appropriations, commence the 
     delivery and distribution of assistance to such transition 
     government under the plan developed under section 202(b).
       (2) Reports to congress.--(A) The President shall transmit 
     to the appropriate congressional committees a report setting 
     forth the strategy for providing assistance described in 
     section 202(b)(2) (A) and (C) to the transition government in 
     Cuba under the plan of assistance developed under section 
     202(b), the types of such assistance, and the extent to which 
     such assistance has been distributed in accordance with the 
     plan.
       (B) The President shall transmit the report not later than 
     90 days after making the determination referred to in 
     paragraph (1), except that the President shall transmit the 
     report in preliminary form not later than 15 days after 
     making that determination.
       (3) Implementation with respect to democratically elected 
     government.--The President shall, upon determining that a 
     democratically elected government in Cuba is in power, submit 
     that determination to the appropriate congressional 
     committees and shall, subject to an authorization of 
     appropriations and subject to the availability of 
     appropriations, commence the delivery and distribution of 
     assistance to such democratically elected government under 
     the plan developed under section 202(b).
       (4) Annual reports to congress.--Not later than 60 days 
     after the end of each fiscal year, the President shall 
     transmit to the appropriate congressional committees a report 
     on the assistance provided under the plan developed under 
     section 202(b), including a description of each type of 
     assistance, the amounts expended for such assistance, and a 
     description of the assistance to be provided under the plan 
     in the current fiscal year.
       (d) Reprogramming.--Any changes in the assistance to be 
     provided under the plan developed under section 202(b) may 
     not be made unless the President notifies the appropriate 
     congressional committees at least 15 days in advance in 
     accordance with the procedures applicable to reprogramming 
     notifications under section 634A of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2394-1).

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

       (a) Presidential Actions.--Upon submitting a determination 
     to the appropriate congressional committees under section 
     203(c)(1) 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 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), 6005);
       (4) section 902(c) of the Food Security Act of 1985; and
       (5) the prohibitions on transactions described in part 515 
     of title 31, Code of Federal Regulations.
       (c) Additional Presidential Actions.--Upon submitting a 
     determination to the appropriate congressional committees 
     under section 203(c)(3) 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)(3)--
       (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 of 1992 (22 U.S.C. 6003, 6004(d), and 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)(3) 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) Procedures.--(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.

       For purposes of this Act, a transition government in Cuba 
     is a government in Cuba which--
       (1) is demonstrably in transition from communist 
     totalitarian dictatorship to representative democracy;
       (2) has recognized the right to independent political 
     activity and association;
       (3) has released all political prisoners and allowed for 
     investigations of Cuban prisons by appropriate international 
     human rights organizations;
       (4) has ceased any interference with Radio or Television 
     Marti broadcasts;
       (5) makes public commitments to and is making demonstrable 
     progress in--
       (A) establishing an independent judiciary;
       (B) dissolving 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;
       (C) respecting internationally recognized human rights and 
     basic freedoms as set forth in the Universal Declaration of 
     Human Rights, to which Cuba is a signatory nation;
       (D) effectively guaranteeing the rights of free speech and 
     freedom of the press;
       (E) organizing free and fair elections for a new 
     government--
       (i) to be held in a timely manner within a period not to 
     exceed 1 year after the transition government assumes power;
       (ii) with the participation of multiple independent 
     political parties that have full access to the media on an 
     equal basis, including (in the case of radio, television, or 
     other telecommunications media) in terms of allotments of 
     time for such access and the times of day such allotments are 
     given; and
       (iii) to be conducted under the supervision of 
     internationally recognized observers, such as the 
     Organization of American States, the United Nations, and 
     other elections monitors;
       (F) assuring the right to private property;
       (G) taking appropriate steps to return to United States 
     citizens (and entities which are 50 percent or more 
     beneficially owned by United States citizens) property taken 
     by the Cuban Government from such citizens and entities on or 
     after January 1, 1959, or to provide equitable compensation 
     to such citizens and entities for such property;
       (H) granting permits to privately owned telecommunications 
     and media companies to operate in Cuba; and
       (I) 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;
       (6) does not include Fidel Castro or Raul Castro;
       (7) has given adequate assurances that it will allow the 
     speedy and efficient distribution of assistance to the Cuban 
     people;
       (8) permits the deployment throughout Cuba of independent 
     and unfettered international human rights monitors; and
       (9) has extradited or otherwise rendered to the United 
     States all persons sought by the United States Department of 
     Justice for crimes committed in the United States.

     SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED 
                   GOVERNMENT.

       For purposes of this Act, a democratically elected 
     government in Cuba, in addition to continuing to comply with 
     the requirements of section 205, is a government in Cuba 
     which--
       (1) results from free and fair elections conducted under 
     the supervision of internationally recognized observers;
       (2) has permitted opposition parties ample time to organize 
     and campaign for such elections, and has permitted full 
     access to the media to all candidates in the elections;
       (3) is showing respect for the basic civil liberties and 
     human rights of the citizens of Cuba;
       (4) has made demonstrable progress in establishing an 
     independent judiciary;
       (5) is substantially moving toward a market-oriented 
     economic system;
       (6) is committed to making constitutional changes that 
     would ensure regular free and fair elections that meet the 
     requirements of paragraph (2); and
       (7) has made demonstrable progress in returning to United 
     States citizens (and entities which are 50 percent or more 
     beneficially owned by United States citizens)

[[Page 1435]]

     property taken by the Cuban Government from such citizens and 
     entities on or after January 1, 1959, or providing full 
     compensation for such property in accordance with 
     international law standards and practice.
  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) The right of individuals to hold and enjoy property is 
     a fundamental right recognized by the United States 
     Constitution and international human rights law, including 
     the Universal Declaration of Human Rights.
       (2) The illegal confiscation or taking of property by 
     governments, and the acquiescence of governments in the 
     confiscation of property by their citizens, undermines the 
     comity among nations, the free flow of commerce, and economic 
     development.
       (3) It is in the interest of all nations to respect equally 
     the property rights of their citizens and nationals of other 
     countries.
       (4) Nations that provide an effective mechanism for prompt, 
     adequate, and fair compensation for the confiscation of 
     private property will continue to have the support of the 
     United States.
       (5) The United States Government has an obligation to its 
     citizens to provide protection against illegal confiscation 
     by foreign nations and their citizens, including the 
     provision of private remedies.
       (6) Nations that illegally confiscate private property 
     should not be immune to another nation's laws whose purpose 
     is to protect against the confiscation of lawfully acquired 
     property by its citizens.
       (7) Trafficking in illegally acquired property is a crime 
     under the laws of the United States and other nations, yet 
     this same activity is allowed under international law.
       (8) International law, by not providing effective remedies, 
     condones the illegal confiscation of property and allows for 
     the unjust enrichment from the use of confiscated property by 
     governments and private entities at the expense of those who 
     hold legal claim to the property.
       (9) The development of an international mechanism 
     sanctioning those governments and private entities that 
     confiscate and unjustly use private property so confiscated 
     should be a priority objective of United States foreign 
     policy.

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

       (a) Civil Remedy.--
       (1) Liability for trafficking.--(A) Except as provided in 
     paragraphs (3) and (4), any person, 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 the enactment of this Act, 
     traffics in confiscated property shall be liable to any 
     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
       (ii) reasonable 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 the confiscation of 
     the property involved to the date on which the action is 
     brought under this subsection.
       (2) Presumption in favor of certified claims.--There shall 
     be a presumption that the amount for which a person, 
     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) Increased liability for prior notice.--Except as 
     provided in paragraph (4), any person, including any agency 
     or instrumentality of a foreign state in the conduct of a 
     commercial activity, that traffics in confiscated property 
     after having received--
       (A) notice of a claim to ownership of the property by a 
     United States national who owns a claim to the confiscated 
     property, and
       (B) 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).
       (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 the enactment of this Act.
       (B) In the case of property confiscated before the date of 
     the enactment of this Act, 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.
       (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) In the case of any 
     action brought under this section by 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, the court may hear the case only if 
     the court determines that the United States national had good 
     cause for not filing the claim.
       (B) In the case of any action brought under this section by 
     a United States national whose 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 may assess the 
     basis for the denial and may accept the findings of the 
     Commission on the claim as conclusive in the action under 
     this section unless good cause justifies another result.
       (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).
       (b) Definition.--As used in this subsection, 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.
       (c) Jurisdiction.--
       (1) In general.--Chapter 85 of title 28, United States 
     Code, is amended by inserting after section 1331 the 
     following new section:

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

       ``The district courts shall have exclusive jurisdiction of 
     any action brought under section 302 of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1995, regardless of 
     the amount in controversy.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 85 of title 28, United States Code, is amended by 
     inserting after the item relating to section 1331 the 
     following:

``1331a. Civil actions involving confiscated property.''.
       (d) Certain Property Immune From Execution.--Section 1611 
     of title 28, United States Code, is amended by adding at the 
     end 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 302 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1995 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)--
       (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.
       (f) Deposit of Excess Payments by Cuba Under Claims 
     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.

[[Page 1436]]

       (g) Termination of Rights.--
       (1) In general.--All rights created under this section to 
     bring an action for money damages with respect to property 
     confiscated before the date of the enactment of this Act 
     shall cease upon the transmittal to the Congress of a 
     determination of the President under section 203(c)(3).
       (2) Pending suits.--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. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

       (a) Evidence of Ownership.--
       (1) Conclusiveness of certified claims.--In any action 
     brought under this title, 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).
       (2) Claims not certified.--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 validity of claims to ownership of confiscated 
     property. Such determinations are only for evidentiary 
     purposes in civil actions brought under this title and do not 
     constitute certifications pursuant to title V of the 
     International Claims Settlement Act of 1949.
       (3) Effect of determinations of foreign entities.--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 national 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 the following new section:

  ``evaluation of ownership claims referred by district courts of the 
                             united states

       ``Sec. 514. Notwithstanding any other provision of this 
     title and only for purposes of section 302 of the Cuban 
     Liberty and Solidarity (LIBERTAD) Act, 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 
     national (as defined in section 4 of the Cuban Liberty and 
     Solidarity (LIBERTAD) Act) 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 the action by the Government of 
     Cuba.''.
       (c) Rule of Construction.--Nothing in this Act or 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 other nonmonetary compensation paid 
     or allocated to a national of the United States by virtue of 
     a claim certified by the Commission under section 507, nor 
     shall any court of the United States or any State court 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 
     the capital stock of nationals of the United States owning 
     claims certified by the Commission under section 507.''.
                 TITLE IV--EXCLUSION OF CERTAIN ALIENS

     SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
                   CONFISCATED PROPERTY OF UNITED STATES NATIONALS 
                   OR WHO TRAFFIC IN SUCH PROPERTY.

       (a) Grounds for Exclusion.--The Secretary of State, in 
     consultation with the Attorney General, shall exclude from 
     the United States any alien who the Secretary of State 
     determines is a person who--
       (1) has confiscated, or has directed or overseen the 
     confiscation of, property a claim to which is owned by a 
     United States national, or converts or has converted for 
     personal gain confiscated property, a claim to which is owned 
     by a United States national;
       (2) traffics in confiscated property, a claim to which is 
     owned by a United States national;
       (3) is a corporate officer, principal, or shareholder with 
     a controlling interest of an entity which has been involved 
     in the confiscation of property or trafficking in confiscated 
     property, a claim to which is owned by a United States 
     national; or
       (4) is a spouse, minor child, or agent of a person 
     excludable under paragraph (1), (2), or (3).
       (b) Definitions.--As used in this section, the following 
     terms have the following meanings:
       (1) Confiscated; confiscation.--The terms ``confiscated'' 
     and ``confiscation'' refer to--
       (A) the nationalization, expropriation, or other seizure by 
     foreign governmental authority 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 foreign governmental authority of, 
     the default by foreign governmental authority on, or the 
     failure by foreign governmental authority to pay, on or after 
     January 1, 1959--
       (i) a debt of any enterprise which has been nationalized, 
     expropriated, or otherwise taken by foreign governmental 
     authority;
       (ii) a debt which is a charge on property nationalized, 
     expropriated, or otherwise taken by foreign governmental 
     authority; or
       (iii) a debt which was incurred by foreign governmental 
     authority in satisfaction or settlement of a confiscated 
     property claim.
       (2) Property.--The term ``property'' does not include 
     claims arising from a territory in dispute as a result of war 
     between United Nations member states in which the ultimate 
     resolution of the disputed territory has not been resolved.
       (3) Traffics.--(A) 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, receives, 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 
     benefiting from 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 ``traffics'' does not include-
       (i) the delivery of international telecommunication signals 
     to Cuba that are authorized by section 1705(e) of the Cuban 
     Democracy Act of 1992 (22 U.S.C. 6004(e)); or
       (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.
       (c) National Interest Exemption.--This section shall not 
     apply where the Secretary of State finds, on a case-by-case 
     basis, that making a determination under subsection (a) would 
     be contrary to the national interest of the United States.
       (d) Effective Date.--
       (1) In general.--This section applies to aliens seeking to 
     enter the United States on or after the date of the enactment 
     of this Act.
       (2) Trafficking.--This section applies only with respect to 
     acts within the meaning of ``traffics'' that occur on or 
     after the date of the enactment of this Act.

It was decided in the

Yeas

138

negative

Nays

283
```