HOUSE OF REPRESENTATIVES

1445

1995 T119.8

validation 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.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

Mr. JOHNSTON demanded a recorded

vote on passage of said bill, which demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 294 ! affirmative ................... Nays ...... 130

T119.8 [Roll No. 683]

AYES—294

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Bartlett

Barton

Bass

Bateman

Bentsen

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Borski

Browder

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Coleman

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLay

Deutsch

Diaz-Balart

Dickey

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Everett

Ewing

Fawell

Fazio

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gekas

Gephardt

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kaptur
JOURNAL OF THE

1446

T119.9 SEPTEMBER 21

Kasich

Kelly

Kennedy (RI)

Kennelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

McNulty

Meek

Menendez

Metcalf

Meyers

Mica

Miller (FL)

Mineta

Molinari

Mollohan

Montgomery

Moorhead

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Ortiz

Oxley

Packard

Pallone

Paxon

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Tejeda

Thomas

Thornberry

Thurman

Tiahrt

Torkildsen

Torricelli

Traficant

Upton

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOES—130

Abercrombie

Baesler

Baldacci

Barrett (NE)

Barrett (WI)

Becerra

Beilenson

Bereuter

Berman

Bonior

Boucher

Brewster

Brown (CA)

Bryant (TX)

Clayton

Clement

Clyburn

Collins (IL)

Collins (MI)

Conyers

Coyne

DeFazio

DeLauro

Dellums

Dicks

Dingell

Dixon

Doggett

Dooley

Eshoo

Evans

Farr

Fattah

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Furse

Gejdenson

Gibbons

Gonzalez

Hall (OH)

Hamilton

Harman

Hayes

Hefner

Hilliard

Hinchey

Hostettler

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kennedy (MA)

Kildee

Kleczka

Klink

LaFalce

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

McDermott

McHale

McKinney

Meehan

Mfume

Miller (CA)

Minge

Mink

Moran

Morella

Nadler

Neal

Oberstar

Obey

Olver

Orton

Owens

Parker

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Rangel

Reed

Richardson

Rivers

Roemer

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Serrano

Skaggs

Slaughter

Stark

Studds

Stupak

Tanner

Taylor (MS)

Thompson

Thornton

Torres

Towns

Velazquez

Vento

Visclosky

Ward

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

Yates

NOT VOTING—10

Clay

Hastings (FL)

Moakley

Reynolds

Salmon

Scott

Sisisky

Stokes

Tucker

Waters

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T119.9 PROVIDING FOR THE

CONSIDERATION OF H.R. 743

Mr. SOLOMON, by direction of the

Committee on Rules, reported (Rept.

No. 104–256) the resolution (H. Res. 226)

providing for the consideration of the

bill (H.R. 743) to amend the National

Labor Relations Act to allow labor

management cooperative efforts that

improve economic competitiveness in

the United States to continue to

thrive, and for other purposes.

When said resolution and report were

referred to the House Calendar and ordered printed.

T119.10 PROVIDING FOR THE

CONSIDERATION OF H.R. 1170

Mr. SOLOMON, by direction of the

Committee on Rules, reported (Rept.

No. 104–257) the resolution (H. Res. 227)

providing for the consideration of the

bill (H.R. 1170) to provide that cases

challenging the constitutionality of

measures passed by State referendum

be heard by a 3-judge court.

When said resolution and report were

referred to the House Calendar and ordered printed.

T119.11 PROVIDING FOR THE

CONSIDERATION OF H.R. 1601

Mr. SOLOMON, by direction of the

Committee on Rules, reported (Rept.

No. 104–258) the resolution (H. Res. 228)

providing for the consideration of the

bill (H.R. 1601) to authorize appropriations to the National Aeronautics and

Space Administration to develop, assemble, and operate the International

Space Station.

When said resolution and report were

referred to the House Calendar and ordered printed.

T119.12 DOD AUTHORIZATION

On motion of Mr. SPENCE, by unanimous consent, the bill (H.R. 1530) to authorize appropriations for fiscal year

1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year

1996, and for other purposes; together

with the amendment of the Senate

thereto, was taken from the Speaker’s

table.

When on motion of Mr. SPENCE, it

was,

Resolved, That the House disagree to

the amendment of the Senate and

agree to the conference asked by the

Senate on the disagreeing votes of the

two Houses thereon.

T119.13 MOTION TO INSTRUCT

CONFEREES—H.R. 1530

Mr. DELLUMS moved that the managers on the part of the House at the

conference on the disagreeing votes of

the two Houses on H.R. 1530, be instructed to insist upon amounts for authorization of appropriations for Operations and Maintenance accounts such

that the total amount of such authorizations is not less than the total

amount authorized for Operation and

Maintenance accounts in section 301 of

the House bill.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

instruct the managers on the part of

the House.

The question being put, viva voce,

Will the House agree to said motion?

The SPEAKER pro tempore, Mr. LINDER, announced that the yeas had it.

Mr. DELLUMS objected to the vote

on the ground that a quorum was not

present and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.

When there appeared Yeas ....... 415 ! Nays ...... 2

T119.14 [Roll No. 684]

YEAS—415

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Christensen

Chrysler

Clayton

Clement

Clinger

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (LA)

Fields (TX)

Filner

Flake

Flanagan

Foglietta

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden