DEMOCRACIA Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 504 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 504

  To impose sanctions with respect to foreign persons that engage in 
  certain transactions relating to Cuba and to impose sanctions with 
  respect to human rights abuse and corruption in Cuba, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

   Mr. Scott of Florida (for himself, Mr. Rubio, Mr. Scott of South 
 Carolina, Mr. Tuberville, Mr. Marshall, and Mr. Braun) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions with respect to foreign persons that engage in 
  certain transactions relating to Cuba and to impose sanctions with 
  respect to human rights abuse and corruption in Cuba, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Denying Earnings to the Military 
Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence 
Apparatus Act'' or the ``DEMOCRACIA Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The Cuban Communist takeover of 1959 established in 
        Cuba a one-party authoritarian state of the Cuban Communist 
        Party.
            (2) Cuba is a totalitarian state, in which the Cuban 
        Communist Party has brutally oppressed the people of Cuba for 
        more than 60 years.
            (3) Cuban democracy activists, including Las Damas de 
        Blanco (also known as ``Ladies in White''), a group composed of 
        wives and relatives of political prisoners, prisoners of 
        conscience, and peaceful activists in Cuba, are routinely 
        repressed, censured, beaten, and unjustly imprisoned by the 
        Cuban Communist Party.
            (4) On July 11, 2021, protesters marched in the streets 
        throughout Cuba voicing their opposition against the communist 
        regime of Cuba.
            (5) During those protests, Cubans in more than 40 cities 
        held demonstrations chanting ``Freedom!'', ``Down with the 
        Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life'').
            (6) Through those protests, the people of Cuba demanded the 
        end to communism in Cuba and access to food, medicine, water, 
        and electricity, basic needs that the communist system in Cuba 
        cannot provide.
            (7) Cubans gathered outside of the headquarters of the 
        Cuban Communist Party chanting, ``Cuba isn't yours!''. In a 
        clear message, Cubans exercised their fundamental God-given 
        rights to peaceably assemble, express their political opinions, 
        and live free of censorship and oppression and demanded the 
        ruling elites, especially the Cuban Communist Party, release 
        its control of their government and give the power back to the 
        people.
            (8) During the July 11, 2021, protests, the Cuban Communist 
        Party deployed a wave of terror throughout Cuba by--
                    (A) unleashing its secret police and some military 
                forces on peaceful protesters and unlawfully detained 
                them, including by--
                            (i) harassing and threatening people in 
                        their homes;
                            (ii) abducting and torturing civil society 
                        leaders and other Cubans peacefully exercising 
                        their fundamental rights; and
                            (iii) detaining more than 800 Cubans for 
                        peacefully protesting, who have gone missing 
                        since the protests and demonstrations began, 
                        including leaders from Cuban civil society 
                        groups such as UNPACU, the San Isidro Movement, 
                        the Ladies in White, and religious leaders; and
                    (B) in a crude and savage effort to silence the 
                Cuban people, cutting internet connectivity and mobile 
                services throughout Cuba, which prevented the Cuban 
                people from organizing and hid from the outside world 
                images and videos of the oppressive and brutal 
                crackdown by the Government of Cuba.
            (9) In response to these demonstrations and protests, the 
        regime blocked access to social media, messaging platforms and 
        cellular services, and arrested and detained hundreds of 
        protesters, activists, and journalists, according to Cuban 
        human rights groups.
            (10) The Human Rights Report on Cuba for 2020 set forth by 
        the Department of State found that Cuba is an authoritarian 
        state.
            (11) A new constitution ratified in February 2019 codified 
        that Cuba remains a one-party system in which the Cuban 
        Communist Party is the only legal political party. Elections in 
        Cuba were neither free, fair, nor competitive.
            (12) The Ministry of Interior of Cuba (MININT) controls 
        police, internal security forces, and the prison system. The 
        National Revolutionary Police are the primary law enforcement 
        organization of the Ministry. Specialized units of the state 
        security branch of the Ministry are responsible for monitoring, 
        infiltrating, and suppressing independent political activity. 
        The national leadership of Cuba, including members of the 
        military, maintain effective control over the security forces. 
        Members of the security forces have committed numerous abuses.
            (13) Significant human rights issues in Cuba include the 
        following:
                    (A) Unlawful or arbitrary killings by the 
                Government of Cuba, including extrajudicial killings.
                    (B) Forced disappearances by the Government of 
                Cuba.
                    (C) Torture and cruel, inhuman, and degrading 
                treatment of political dissidents, detainees, and 
                prisoners by security forces.
                    (D) Harsh and life-threatening prison conditions.
                    (E) Arbitrary arrests and detentions.
                    (F) The detaining of political prisoners.
                    (G) Significant problems with the independence of 
                the judiciary.
                    (H) Arbitrary or unlawful interference with 
                privacy.
                    (I) Functional lack of freedom of the press, as 
                criminal libel laws are used against persons who 
                criticize leadership of the Government of Cuba and that 
                Government has engaged in censorship and internet site 
                blocking.
                    (J) Severe limitations on academic and cultural 
                freedom.
                    (K) Severe restrictions on the right of peaceful 
                assembly and denial of freedom of association, 
                including refusal to recognize independent 
                associations.
                    (L) Severe restrictions on religious freedom.
                    (M) Restrictions on internal and external freedom 
                of movement.
                    (N) Inability of citizens to change their 
                government through free and fair elections.
                    (O) Restrictions on political participation to 
                members of the ruling party.
                    (P) Corruption by officials of the Government of 
                Cuba.
                    (Q) Trafficking in persons, including compulsory 
                labor.
                    (R) Outlawing of independent trade unions.
            (14) Officials of the Government of Cuba, at the direction 
        of their superiors, have committed most human rights abuses. As 
        a matter of policy, officials failed to investigate or 
        prosecute the individuals who committed those abuses. Impunity 
        for the perpetrators has remained widespread.
            (15) The United States Commission on International 
        Religious Freedom recommended in its 2021 Annual Report that 
        the United States Government again place Cuba on the special 
        watch list under section 402(b)(1)(A)(iii) of the International 
        Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) 
        and recommended imposing sanctions on the Office of Religious 
        Affairs of Cuba.
            (16) In the report specified in paragraph (15), the United 
        States Commission on International Religious Freedom raised 
        concerns regarding the denial in Cuba of religious freedom for 
        human rights activists, independent journalists, and 
        protesters, particularly in the wake of demonstrations that 
        started on November 13, 2020, calling for greater freedom of 
        expression in Cuba.
            (17) Cuba was ground zero for a series of yet unexplained 
        attacks in 2016 on members of the diplomatic community of the 
        United States in Havana, Cuba.
            (18) Cuba continues to provide safe harbor for adversaries 
        of the United States, including multiple fugitives from justice 
        in the United States, including William Morales, Charles Hill, 
        Victor Manuel Gerena, and Joanne Chesimard, who executed New 
        Jersey State Trooper Werner Foerster during a routine traffic 
        stop in May 1973.
            (19) The Trade Sanctions Reform and Export Enhancement Act 
        of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from 
        imposing unilateral agricultural or medical sanctions against 
        Cuba.
            (20) The defense, security, and intelligence sectors of 
        Cuba are the primary perpetrators of beatings, arrests, 
        detainments, and unjust imprisonments of the Cuban people.
            (21) The Cuban Communist Party has a long history of 
        racism.
            (22) No high level positions within the Cuban Communist 
        Party are occupied by Afro-Cubans.
            (23) Many Cubans who suffered the worst treatment at the 
        hands of the security forces of the Cuban Communist Party are 
        Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia 
        Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas 
        Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara, 
        and Ivan Hernandez Carrillo.
            (24) On January 12, 2021, the Department of State 
        determined that Cuba has repeatedly provided support for acts 
        of international terrorism and was designated a state sponsor 
        of terrorism.
            (25) On May 14, 2021, Secretary of State Antony Blinken 
        determined and certified to Congress that Cuba is not 
        cooperating fully with United States antiterrorism efforts.
            (26) The Cuban Communist Party continues to support 
        international terrorist groups such as the Revolutionary Armed 
        Forces of Colombia (FARC) and the National Liberation Army 
        (ELN).
            (27) Commercial engagement with the defense, security, and 
        intelligence sectors of Cuba empowers the human rights abuses, 
        racism against Afro-Cubans, and support for international 
        terrorism by the Cuban Communist Party.
    (b) Sense of Congress.--It is the sense of Congress that Congress--
            (1) reaffirms subsection (a) of section 1704 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6003), which states that the 
        President should encourage foreign countries to restrict trade 
        and credit relations with Cuba in a manner consistent with the 
        purposes of that Act; and
            (2) urges the President to take immediate steps to apply 
        the sanctions described in subsection (b)(1) of that section 
        with respect to countries assisting Cuba.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to support the desire of the people of Cuba for freedom 
        and democracy; and
            (2) to work with allies and the international community to 
        seek to restrict and reduce the financial resources of the 
        Cuban dictatorship, which supports terrorism and perpetrates 
        injustice and human rights abuses against the Cuban people, 
        that being the Cuban military, security, and intelligence 
        sectors.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
              ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA.

    (a) Imposition of Sanctions.--
            (1) In general.--The President shall impose the sanctions 
        described in subsection (b) with respect to a foreign person if 
        the President determines that the foreign person, on or after 
        the date of the enactment of this Act, knowingly engages in an 
        activity described in paragraph (2).
            (2) Activities described.--Except as provided in paragraph 
        (3), a foreign person engages in an activity described in this 
        paragraph if the foreign person provides financial, material, 
        or technological support to, or engages in a transaction with--
                    (A) a covered sector of the Government of Cuba, or 
                any entity or individual affiliated with such sector 
                (including an immediate adult family member of such 
                individual);
                    (B) an agency, instrumentality, or other entity 
                owned by an entity that is part of or associated with a 
                covered sector, entity, or individual described in 
                subparagraph (A) in a percentage share exceeding 25 
                percent;
                    (C) an individual who is a senior official of a 
                covered sector or entity described in subparagraph (A) 
                (including an immediate adult family member of such 
                individual);
                    (D) an agency, instrumentality, or other entity 
                operated or controlled by a covered sector, entity, or 
                individual described in subparagraph (A);
                    (E) an entity or individual--
                            (i) for the purpose of avoiding a financial 
                        transaction with, or the transfer of funds to, 
                        an entity or individual specified in any of 
                        subparagraphs (A) through (D); or
                            (ii) for the benefit of an entity or 
                        individual specified in any of subparagraphs 
                        (A) through (D);
                    (F) a foreign person that is a military contractor, 
                mercenary, or a paramilitary force knowingly operating 
                in a military, security, or intelligence capacity for 
                or on behalf of the Government of Cuba; or
                    (G) a foreign person subject to sanctions pursuant 
                to the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.) or the Trading with the Enemy Act 
                (50 U.S.C. 4301 et seq.) with respect to Cuba or any 
                other provision of law that imposes sanctions or other 
                economic restrictions or limitations with respect to 
                Cuba.
            (3) Exceptions.--The following activities engaged in by a 
        foreign person shall not be considered to be activities 
        described in paragraph (2) for purposes of imposing sanctions 
        described in subsection (b) with respect to the person:
                    (A) The sale of agricultural commodities, 
                medicines, and medical devices sold to Cuba consistent 
                with the Trade Sanctions Reform and Export Enhancement 
                Act of 2000 (22 U.S.C. 7201 et seq.).
                    (B) A remittance to an immediate family member, 
                other than--
                            (i) an individual who is a high-level 
                        member of the Cuban Communist Party; or
                            (ii) an individual who is an immediate 
                        family member of an individual described in 
                        clause (i).
                    (C) A payment in furtherance of the lease agreement 
                for, or other financial transactions necessary for 
                maintenance and improvements of, the military base at 
                Guantanamo Bay, Cuba, including any adjacent areas 
                under the control or possession of the United States.
                    (D) Assistance or support in furtherance of 
                democracy-building efforts for Cuba described in 
                section 109 of the Cuban Liberty and Democratic 
                Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039).
                    (E) Customary and routine financial transactions 
                necessary for the maintenance, improvements, or regular 
                duties of the United States Embassy in Havana, Cuba, 
                including outreach to the pro-democracy opposition.
                    (F) Accessing the internet or providing cellular 
                services if the internet and cellular services have 
                been restored, are without interference from the Cuban 
                regime, and do not include any technology, services, or 
                communications backed by the Communist Party of the 
                People's Republic of China.
            (4) Sense of congress.--It is the sense of Congress that 
        the President should, in making a determination of whether a 
        foreign person engages in an activity described in paragraph 
        (2), consider the provision of loans, credits, or export 
        credits by the person to be a form of significant financial, 
        material, or technological support as described in such 
        paragraph.
            (5) Covered sector defined.--In this subsection, the term 
        ``covered sector'' means--
                    (A) the defense sector;
                    (B) the security sector;
                    (C) the intelligence sector; or
                    (D) any other sector of the Government of Cuba 
                beginning 15 days after the date on which the President 
                certifies to Congress that such sector is involved in 
                carrying out human rights abuses or providing support 
                for international terrorism.
    (b) Sanctions Described.--
            (1) In general.--The sanctions to be imposed with respect 
        to a foreign person subject to subsection (a) are the 
        following:
                    (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) and the Trading with the Enemy 
                Act (50 U.S.C. 4301 et seq.) to the extent necessary to 
                block and prohibit all transactions in property and 
                interests in property of the foreign person if such 
                property and interests in property are in the United 
                States, come within the United States, or are or come 
                within the possession or control of a United States 
                person.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        has knowingly engaged in any activity described 
                        in subsection (a)(2) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall, in accordance with 
                                section 221(i) of the Immigration and 
                                Nationality Act (8 U.S.C. 1201(i)), 
                                revoke any visa or other entry 
                                documentation issued to an alien 
                                described in clause (i) regardless of 
                                when the visa or other entry 
                                documentation is issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I)--
                                            (aa) shall take effect 
                                        immediately; and
                                            (bb) shall automatically 
                                        cancel any other valid visa or 
                                        entry documentation that is in 
                                        the alien's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of any regulation, license, or order issued 
        to carry out paragraph (1)(A) to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in subsection (a) of that section.
            (3) Exception to comply with international obligations.--
        Sanctions under paragraph (1)(B) shall not apply with respect 
        to an alien if admitting or paroling the alien into the United 
        States is necessary to permit the United States to comply with 
        the Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (c) Implementation.--The President shall exercise all authorities 
under sections 203 and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except 
that the President--
            (1) shall not issue any general license authorizing, or 
        otherwise authorize, any activity subject to sanctions under 
        subsection (a); and
            (2) shall require any United States person seeking to 
        engage in a financial transaction or transfer of funds subject 
        to sanctions under subsection (a) to submit a written request 
        to the Office of Foreign Assets Control of the Department of 
        the Treasury.
    (d) Waiver.--The President may waive the application of sanctions 
described in subsection (b) with respect to a foreign person for a 
period of 180 days (and such waiver may not be renewed) if the 
President determines and certifies to Congress that such waiver is in 
the vital national security interest of the United States.
    (e) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Person.--The term ``person'' means an individual or 
        entity.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States (including any foreign branch of such an 
                entity); and
                    (C) any person in the United States.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSE AND 
              CORRUPTION IN CUBA.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to the following persons:
            (1) Any foreign person determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State and the 
        Attorney General--
                    (A) to be responsible for or complicit in, or to 
                have directly or indirectly engaged in, serious human 
                rights abuse in Cuba;
                    (B) to be a current or former official of the 
                Government of Cuba, or a person acting for or on behalf 
                of such an official, who is responsible for or 
                complicit in, or has directly or indirectly engaged 
                in--
                            (i) corruption, including the 
                        misappropriation of state assets, the 
                        expropriation of private assets for personal 
                        gain, corruption related to government 
                        contracts or the extraction of natural 
                        resources, or bribery; or
                            (ii) the transfer or the facilitation of 
                        the transfer of the proceeds of corruption;
                    (C) to be or have been a leader or official of--
                            (i) an entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, any of the activities 
                        described in subparagraph (A) or (B) relating 
                        to the tenure of the leader or official; or
                            (ii) an entity whose property and interests 
                        in property are blocked under subsection (b)(1) 
                        as a result of activities related to the tenure 
                        of the leader or official;
                    (D) to have materially assisted, sponsored, or 
                provided financial, material, or technological support 
                for, or goods or services to or in support of--
                            (i) any activity described in subparagraph 
                        (A) or (B) that is conducted by a foreign 
                        person;
                            (ii) any person whose property and 
                        interests in property are blocked under 
                        subsection (b)(1); or
                            (iii) any entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, any of the activities 
                        described in subparagraph (A) or (B) of 
                        paragraph (1), if the activity is conducted by 
                        a foreign person;
                    (E) to have received any contribution or provision 
                of funds, goods, or services from any person whose 
                property and interests in property are blocked under 
                subsection (b)(1);
                    (F) to be owned or controlled by, or to have acted 
                or purported to act for or on behalf of, directly or 
                indirectly, any person whose property and interests in 
                property are blocked under subsection (b)(1);
                    (G) to be under the control of, or to act for or on 
                behalf of, the military, intelligence, or security 
                services or personnel of Cuba;
                    (H) to be an official of the Government of Cuba who 
                works with the Ministry of Justice or the Office of the 
                Attorney General and who violates due process rights of 
                an individual in Cuba; or
                    (I) to have attempted to engage in any of the 
                activities described in subparagraph (A) or (B).
            (2) Members of the Communist Party of Cuba, including--
                    (A) members of the Politburo;
                    (B) members, department heads, and employees of the 
                Central Committee;
                    (C) secretaries and first secretaries of the 
                provincial party central committees; and
                    (D) members of the Office of Religious Affairs.
            (3) Members of the Council of State.
            (4) Members of the Council of Ministers.
            (5) Members of the Committees for the Defense of the 
        Revolution.
            (6) The Revolutionary Armed Forces of Cuba.
            (7) The Ministry of the Interior of Cuba, including the 
        National Revolutionary Police Force.
            (8) The Office of the President of Cuba.
            (9) The spouse and children of any individual subject to 
        sanctions under this section.
    (b) Sanctions Described.--
            (1) In general.--The sanctions to be imposed with respect 
        to a foreign person subject to subsection (a) are the 
        following:
                    (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) to the extent necessary to 
                block and prohibit all transactions in property and 
                interests in property of the foreign person if such 
                property and interests in property are in the United 
                States, come within the United States, or are or come 
                within the possession or control of a United States 
                person.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        is a foreign person subject to subsection (a) 
                        is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall, in accordance with 
                                section 221(i) of the Immigration and 
                                Nationality Act (8 U.S.C. 1201(i)), 
                                revoke any visa or other entry 
                                documentation issued to an alien 
                                described in clause (i) regardless of 
                                when the visa or other entry 
                                documentation is issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I)--
                                            (aa) shall take effect 
                                        immediately; and
                                            (bb) shall automatically 
                                        cancel any other valid visa or 
                                        entry documentation that is in 
                                        the alien's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of any regulation, license, or order issued 
        to carry out paragraph (1)(A) to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in subsection (a) of that section.
            (3) Exception to comply with international obligations.--
        Sanctions under paragraph (1)(B) shall not apply with respect 
        to an alien if admitting or paroling the alien into the United 
        States is necessary to permit the United States to comply with 
        the Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (c) Implementation.--The President shall exercise all authorities 
under sections 203 and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except 
that the President--
            (1) shall not issue any general license authorizing, or 
        otherwise authorize, any activity subject to sanctions under 
        subsection (a); and
            (2) shall require any United States person seeking to 
        engage in a financial transaction or transfer of funds subject 
        to sanctions under subsection (a) to submit a written request 
        to the Office of Foreign Assets Control of the Department of 
        the Treasury.
    (d) Humanitarian Exception.--The President may not impose sanctions 
under this section with respect to any person for--
            (1) donating food or agricultural commodities to--
                    (A) an independent, nongovernmental organization 
                not controlled by the Government of Cuba; or
                    (B) individuals in Cuba who are not high-level 
                members of the Communist Party of Cuba or the immediate 
                family member of any such individual; or
            (2) exporting medicines or medical supplies, instruments, 
        or equipment that would be permitted under section 1705(c) of 
        the Cuban Democracy Act of 1992 (22 U.S.C. 6004(c)).
    (e) Waiver.--The President may waive the application of sanctions 
under this section with respect to a person if the President determines 
that such a waiver is in the national security interests of the United 
States.
    (f) No Prior Notice.--The President, the Secretary of the Treasury, 
the Secretary of State, and the Attorney General, and any other 
official of the United States Government are not required to provide 
any prior notice of a determination made under subsection (a) or of any 
other determination to impose sanctions under this section.
    (g) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Person.--The term ``person'' means an individual or 
        entity.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States (including any foreign branch of such an 
                entity); and
                    (C) any person in the United States.

SEC. 6. TERMINATION OF SANCTIONS.

    (a) In General.--The authority to impose sanctions under sections 4 
and 5 shall terminate if--
            (1) the President submits to Congress a determination and 
        certification that the Government of Cuba--
                    (A) has legalized all political activity;
                    (B) has released all political prisoners and 
                allowed for investigations of Cuban prisons by 
                appropriate international human rights organizations;
                    (C) has dissolved the Department of State Security 
                in the Cuban Ministry of the Interior in place as of 
                the date of the enactment of this Act, including the 
                Committees for the Defense of the Revolution and the 
                Rapid Response Brigades;
                    (D) has made public commitments to organizing free 
                and fair elections for a new government--
                            (i) to be held in a timely manner within a 
                        period not to exceed 18 months after such 
                        certification;
                            (ii) with the participation of multiple 
                        independent political parties that have full 
                        access to the media on an equal basis, 
                        including (in the case of radio, television, or 
                        other telecommunications media) in terms of 
                        allotments of time for such access and the 
                        times of day such allotments are given; and
                            (iii) to be conducted under the supervision 
                        of internationally recognized observers, such 
                        as the Organization of American States, the 
                        United Nations, and other election monitors;
                    (E) has ceased any interference with Radio Marti or 
                Television Marti broadcasts;
                    (F) has made public commitments to and is making 
                demonstrable progress in--
                            (i) establishing an independent judiciary;
                            (ii) 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; and
                            (iii) 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;
                    (G) does not include Raul Castro or his immediate 
                family;
                    (H) has given adequate assurances that it will 
                allow the speedy and efficient distribution of 
                assistance to the people of Cuba;
                    (I) is demonstrably in transition from a communist 
                totalitarian dictatorship to a representative 
                democracy;
                    (J) has made public commitments to and is making 
                demonstrable progress in--
                            (i) effectively guaranteeing the rights of 
                        free speech and freedom of the press, including 
                        granting permits to privately owned media and 
                        telecommunications companies to operate in 
                        Cuba;
                            (ii) permitting the reinstatement of 
                        citizenship to Cuban-born persons returning to 
                        Cuba;
                            (iii) assuring the right to private 
                        property; and
                            (iv) taking appropriate steps to return to 
                        United States citizens, and entities that are 
                        50 percent or more beneficially owned by United 
                        States citizens, property taken by the 
                        Government of Cuba from such citizens and 
                        entities on or after January 1, 1959, or to 
                        provide equitable compensation to such citizens 
                        and entities for such property;
                    (K) has extradited or otherwise rendered to the 
                United States all persons sought by the Department of 
                Justice of the United States for crimes committed in 
                the United States; and
                    (L) has permitted the deployment throughout Cuba of 
                independent and unfettered international human rights 
                monitors; and
            (2) a joint resolution approving the determination and 
        certification of the President submitted under paragraph (1) is 
        enacted into law in accordance with the procedures described in 
        subsection (b).
    (b) Congressional Procedures.--
            (1) Referral to committees.--Joint resolutions described in 
        subsection (a)(2) that are introduced in the House of 
        Representatives shall be referred to the Committee on Foreign 
        Affairs and joint resolutions described in subsection (a)(2) 
        that are introduced in the Senate shall be referred to the 
        Committee on Foreign Relations.
            (2) Procedures.--
                    (A) Senate.--Any joint resolution described in 
                subsection (a)(2) 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 (Public Law 94-329; 90 Stat. 765).
                    (B) House of representatives.--For the purpose of 
                expediting the consideration and enactment of a joint 
                resolution described in subsection (a)(2), a motion to 
                proceed to the consideration of any such joint 
                resolution after it has been reported by the 
                appropriate committee shall be treated as highly 
                privileged in the House of Representatives.
                    (C) Limitation.--Not more than one joint resolution 
                described in subsection (a)(2) may be considered in the 
                House of Representatives and the Senate during the 6-
                month period beginning on the date on which the 
                President submits to Congress a determination and 
                certification under subsection (a)(1).

SEC. 7. PROVISION OF UNRESTRICTED INTERNET SERVICE FOR THE PEOPLE OF 
              CUBA.

    (a) In General.--Effective immediately upon the date of the 
enactment of this Act, the President shall use all means possible to 
provide unrestricted, reliable internet service to the people of Cuba 
that is not censored, blocked, or otherwise restricted by the 
Government of Cuba and does not include any technology, services, or 
communications backed by the Communist Party of the People's Republic 
of China.
    (b) Notification.--The President shall notify the appropriate 
committees of Congress once an internet connection has been established 
to provide unrestricted, reliable internet service under subsection 
(a).
    (c) Interagency Task Force.--
            (1) Establishment.--Not later than 90 days after the date 
        of the enactment of this Act, the President shall establish an 
        interagency task force to develop a long-term solution for 
        providing reliable internet service to the people of Cuba that 
        is not censored or blocked by the Government of Cuba.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the interagency task force established 
        under paragraph (1) shall submit to the President and the 
        appropriate committees of Congress a report that outlines the 
        best long-term solutions of the interagency task force for 
        providing reliable internet service to the people of Cuba that 
        is not censored, blocked, or otherwise restricted by the 
        Government of Cuba.
    (d) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Foreign Relations, and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Homeland Security, the Committee on 
        Foreign Affairs, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.
                                 &lt;all&gt;
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