II
Calendar No. 202
104TH CONGRESS
1ST SESSION
H. R. 927
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27 (legislative day, SEPTEMBER 25), 1995
Received; read the first time
OCTOBER 10, 1995
Read the second time and placed on the calendar
AN ACT
To seek international sanctions against the Castro govern-
ment in Cuba, to plan for support of a transition govern-
ment leading to a democratically elected government in
Cuba, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 finan-
cial 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 for-
eign 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.
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.
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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 de-
cline 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 govern-
ment;
(C) the extreme decline in trade between
Cuba and the countries of the former Soviet
bloc; and
(D) the stated policy of the Russian Gov-
ernment 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
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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 polit-
ical reforms that would lead to democracy, a market
economy, or an economic recovery.
(4) The repression of the Cuban people, includ-
ing a ban on free and fair democratic elections, and
continuing violations of fundamental human rights
have isolated the Cuban regime as the only com-
pletely 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 thou-
sands 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
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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 re-
gime, carried out by both Democratic and Repub-
lican administrations, has sought to keep faith with
the people of Cuba, and has been effective in sanc-
tioning the totalitarian Castro regime.
(9) The United States has shown a deep com-
mitment, and considers it a moral obligation, to pro-
mote 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 consist-
ently 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 man-
ner consistent with the purposes of that Act.
(12) The 1992 FREEDOM Support Act re-
quires that the President, in providing economic as-
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sistance to Russia and the emerging Eurasian de-
mocracies, take into account the extent to which
they are acting to ‘‘terminate support for the com-
munist 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 il-
legal international narcotics trade and harbors fugi-
tives from justice in the United States.
(14) The Castro government threatens inter-
national 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 var-
ious forms (including by psychiatry), as well as exe-
cution, exile, confiscation, political imprisonment,
and other forms of terror and repression, as means
of retaining power.
(16) Fidel Castro has defined democratic plu-
ralism as ‘‘pluralistic garbage’’ and continues to
make clear that he has no intention of tolerating the
democratization of Cuban society.
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(17) The Castro government holds innocent Cu-
bans 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 coun-
try), 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 dem-
onstrated 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 Char-
ter of the Organization of American States and
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other international agreements and international
law.
(20) The United Nations Commission on
Human Rights has repeatedly reported on the unac-
ceptable 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 for-
mally expressed its decision not to ‘‘implement so
much as one comma’’ of the United Nations Resolu-
tions 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, ref-
erencing 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
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decide what measures shall be taken . . ., to main-
tain 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 Resolu-
tion 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 op-
pressed them for 36 years and the continued failure
to do so constitutes ethically improper conduct by
the international community.
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(28) For the past 36 years, the Cuban Govern-
ment has posed and continues to pose a national se-
curity 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 gov-
ernments meet the eligibility requirements of this
Act.
(5) To protect property rights abroad of United
States nationals.
(6) To provide for the continued national secu-
rity of the United States in the face of continuing
threats from the Castro government of terrorism,
theft of property from United States nationals, and
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domestic repression from which refugees flee to
United States shores.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the fol-
lowing meanings:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations, the Committee on Ways and Means, and the
Committee on Appropriations of the House of Rep-
resentatives and the Committee on Foreign Rela-
tions, the Committee on Finance, and the Commit-
tee on Appropriations of the Senate.
(2) COMMERCIAL ACTIVITY.—The term ‘‘com-
mercial 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 own-
ership or control of property, on or after Janu-
ary 1, 1959—
(i) without the property having been
returned or adequate and effective com-
pensation provided; or
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(ii) without the claim to the property
having been settled pursuant to an inter-
national claims settlement agreement or
other mutually accepted settlement proce-
dure; and
(B) the repudiation by the Cuban Govern-
ment 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 other-
wise taken by the Cuban Government;
(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or other-
wise taken by the Cuban Government; or
(iii) a debt which was incurred by the
Cuban Government in satisfaction or set-
tlement 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
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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 sec-
tion.
(5) DEMOCRATICALLY ELECTED GOVERNMENT
IN CUBA.—The term ‘‘democratically elected govern-
ment in Cuba’’ means a government determined by
the President to have met the requirements of sec-
tion 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 Inter-
national Emergency Economic Powers Act (50
U.S.C. 1701 and following), and the Export Admin-
istration Act of 1979 (50 U.S.C. App. 2401 and fol-
lowing), 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
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laws of the United States, or of any State, the
District of Columbia, the Commonwealth of
Puerto Rico, or any other territory or posses-
sion 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 prop-
erty), whether real, personal, or mixed, and any
present, future, or contingent right, security, or
other interest therein, including any leasehold inter-
est.
(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 rul-
ing political party in Cuba.
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(10) TRAFFICS.—(A) As used in title III, a per-
son or entity ‘‘traffics’’ in property if that person or
entity knowingly and intentionally—
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of con-
fiscated property, or purchases, leases, receives,
possesses, obtains control of, manages, uses, or
otherwise acquires or holds an interest in con-
fiscated property,
(ii) engages in a commercial activity using
or otherwise benefiting from confiscated prop-
erty, or
(iii) causes, directs, participates in, or
profits from, trafficking (as described in clauses
(i) and (ii)) by another person, or otherwise en-
gages in trafficking (as described in clauses (i)
and (ii)) through another person,
without the authorization of the United States na-
tional who holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international tele-
communication signals to Cuba that are author-
ized by section 1705(e) of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6004(e)); or
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(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Sec-
retary of the Treasury to be a specially des-
ignated national.
(11) TRANSITION GOVERNMENT IN CUBA.—The
term ‘‘transition government in Cuba’’ means a gov-
ernment determined by the 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 orga-
nized 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 GOV-
ERNMENT
SEC. 101. STATEMENT OF POLICY.
It is the sense of the Congress that—
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(1) the acts of the Castro government, includ-
ing its massive, systematic, and extraordinary viola-
tions of human rights, are a threat to international
peace;
(2) the President should advocate, and should
instruct the United States Permanent Representa-
tive to the United Nations to propose and seek,
within the Security Council, a mandatory inter-
national 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 sec-
tion 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.
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(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 offi-
cials, are communicating the reasons for the United States
economic embargo of Cuba, and are urging foreign govern-
ments 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 Regula-
tions set forth in part 515 of title 31, Code of Federal
Regulations.
(d) TRADING WITH THE ENEMY ACT.—
(1) CIVIL PENALTIES.—Subsection (b) of sec-
tion 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 per-
son who violates any license, order, rule, or regulation is-
sued 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 tack-
le, apparel, furniture, and equipment, that is the subject
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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 infor-
mational materials; or
‘‘(B) clearly defined educational or religious ac-
tivities, or activities of recognized human rights or-
ganizations, that are reasonably limited in fre-
quency, 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 sec-
tion 702 of title 5, United States Code.’’.
(2) FORFEITURE OF PROPERTY USED IN VIOLA-
TION.—Section 16 of the Trading With the Enemy
Act is further amended by striking subsection (c).
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(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 subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing 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 inter-
est in a property, investment, or operation of
the Government of Cuba (including the govern-
ment of any political subdivision of Cuba, and
any agency or instrumentality of the Govern-
ment of Cuba) or of a Cuban national; and’’;
and
(4) by adding at the end the following flush
sentence:
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‘‘As used in this paragraph, the term ‘agency or in-
strumentality of the Government of Cuba’ means an
agency or instrumentality of a foreign state as de-
fined 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 provi-
sion of law, no loan, credit, or other financing may be ex-
tended knowingly by a United States national, permanent
resident alien, or United States agency, to a foreign na-
tional, United States national, or permanent resident
alien, in order to finance transactions involving any con-
fiscated 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 prohibi-
tion 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 viola-
tions of the Cuban Assets Control Regulations set forth
in part 515 of title 31, Code of Federal Regulations.
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(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 MEMBER-
SHIP IN INTERNATIONAL FINANCIAL INSTI-
TUTIONS.
(a) OPPOSITION TO CUBAN MEMBERSHIP IN INTER-
NATIONAL FINANCIAL INSTITUTIONS.—(1) Until such
time as the President determines that a transition govern-
ment in Cuba is in power, the Secretary of the Treasury
should 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 such institution.
(2) Once a transition government in Cuba is in
power, the President is encouraged to take steps to sup-
port the processing of Cuba’s application for membership
in any financial institution subject to the membership tak-
ing effect at such time as the President deems most likely
to facilitate the transition to a democratically elected gov-
ernment in Cuba.
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(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 cap-
ital stock of the institution.
(2) The callable portion of the increase in cap-
ital stock of the institution.
(c) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ means the Inter-
national Monetary Fund, the International Bank for Re-
construction and Development, the International Develop-
ment Association, the International Finance Corporation,
the Multilateral Investment Guaranty Agency, and the
Inter-American Development Bank.
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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 Per-
manent 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 gov-
ernment 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 Presi-
dent shall submit to the appropriate congressional com-
mittees 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, techni-
cians, 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
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facilities’’ and inserting ‘‘military and intelligence facili-
ties, 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 para-
graph (6); and
(C) by inserting after paragraph (4) the follow-
ing:
‘‘(5) for the government of any independent
state effective 30 days after the President has deter-
mined and certified to the appropriate congressional
committees (and Congress has not enacted legisla-
tion disapproving the determination within that 30-
day period) that such government is providing as-
sistance 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:
‘‘(3) NONMARKET BASED TRADE.—As used in
section 498A(b)(5), the term ‘nonmarket based
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trade’ includes exports, imports, exchanges, or other
arrangements that are provided for goods and serv-
ices (including oil and other petroleum products) on
terms more favorable than those generally available
in applicable markets or for comparable commod-
ities, 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 ac-
countable for unfulfilled exchange contracts,
and arrangements under which Cuba does not
pay appropriate transportation, insurance, or fi-
nance costs; and
‘‘(D) the exchange, reduction, or forgive-
ness 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
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political subdivision of Cuba, and any agency or in-
strumentality 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 sec-
tion.’’.
(d) FACILITIES AT LOURDES, CUBA.—(1) The Con-
gress 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) Notwithstand-
ing any other provision of law, the President shall with-
hold 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 intel-
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ligence 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 cer-
tifies 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 Presi-
dent certifies that the Russian Government has assured
the United States Government that the Russian Govern-
ment is not sharing intelligence data collected at the
Lourdes facility with officials or agents of the Cuban Gov-
ernment.
‘‘(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 commit-
tees a report describing the intelligence activities of Russia
in Cuba, including the purposes for which the Lourdes fa-
cility 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 con-
tinued use of the Lourdes facility.
‘‘(C) The report required by subparagraph (B) may
be submitted in classified form.
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‘‘(D) For purposes of this paragraph, the term ‘ap-
propriate congressional committees’ includes the Perma-
nent 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 non-
governmental organizations that are independent of
government control;
‘‘(E) the development of a free market eco-
nomic 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 con-
version of television broadcasting to Cuba under the Tele-
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vision Marti Service to ultra high frequency (UHF) broad-
casting.
(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
AUTHORI-
TIES.—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 RE-
CEIVED 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 ap-
propriate 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 re-