I
107TH CONGRESS
2D SESSION
H. R. 5616
To provide for the expiration of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996, known as the Helms-Burton Act, on March
31, 2003.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2002
Mr. DOOLEY of California (for himself, Mrs. EMERSON, Mr. TOWNS, Mr.
PAUL, Mr. SNYDER, Mr. NETHERCUTT, Mr. MCGOVERN, Mr. FLAKE,
Mr. DELAHUNT, Mr. SHAYS, Ms. HOOLEY of Oregon, Mr. FARR of Cali-
fornia, Mr. BERMAN, Mr. LAMPSON, Mr. BLUMENAUER, Mr. THOMPSON
of California, Mr. BERRY, Mr. DEFAZIO, Mr. RANGEL, Ms. SOLIS, Mr.
GEORGE MILLER of California, Mr. WAXMAN, Mr. STENHOLM, and Mr.
JOHNSON of Illinois) introduced the following bill; which was referred to
the Committee on International Relations, and in addition to the Commit-
tees on Ways and Means, Judiciary, and Financial Services, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide for the expiration of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996, known
as the Helms-Burton Act, on March 31, 2003.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sunset of Helms-Bur-
ton Act of 2002’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The purpose of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996,
known as the Helms-Burton Act, was to seek inter-
national sanctions against the Castro Government in
Cuba and to plan for support of a transition govern-
ment leading to a democratically elected government
in Cuba.
(2) The LIBERTAD Act and other sanctions
implemented by the United States against Cuba and
its foreign investors have failed to promote democ-
racy, denied Cubans access to food and medicine,
and undermined trade relations between the United
States and its strongest allies.
(3) The President of the United States, as au-
thorized under title III of that Act, has suspended
the right to bring any action under that title every
6 months since the enactment of that Act, so that
significant provisions of the legislation have never
been in full force.
(4) The United States can best support demo-
cratic change and human rights in Cuba by pro-
moting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges.
SEC. 3. EXPIRATION OF THE LIBERTAD ACT.
The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 shall cease to be effective on
March 31, 2003.
SEC. 4. CONFORMING AMENDMENTS.
(a) CUBAN DEMOCRACY ACT OF 1992.—
(1) Section 1704(b)(2) of the Cuban Democracy
Act of 1992 (22 U.S.C. 6003(b)(2)) is amended—
(A) by inserting ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(D) by striking the flush sentence at the
end.
(2) Section 1705(e) of the Cuban Democracy
Act of 1992 (22 U.S.C. 6004(e)) is amended by
striking paragraphs (5) and (6).
(b) FOREIGN ASSISTANCE ACT OF 1961.—
(1) Section 498A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2295a) is amended—
(A) in subsection (a)(11) by striking ‘‘and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cien-
fuegos’’, and inserting ‘‘facilities,’’;
(B) in subsection (b)—
(i) in paragraph (4) by adding ‘‘and’’
after the semicolon;
(ii) by striking paragraph (5); and
(iii) by redesignating paragraph (6) as
paragraph (5); and
(C) by striking subsection (d).
(2) Section 498B(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295b(k)) is amended by
striking paragraphs (3) and (4).
(c) TITLE 28, UNITED STATES CODE.—Section 1611
of title 28, United States Code, is amended by striking
subsection (c).
(d) INTERNATIONAL CLAIMS SETTLEMENT ACT OF
1949.—Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 16431 and 1643m)
are repealed.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on March 31, 2003.
SEC. 5. NO RIGHT OF ACTION.
No action under section 302 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996
may be brought on or after March 31, 2003, with respect
to trafficking (as defined under that Act) occurring before,
on, or after that date.
SEC. 6. TERMINATION OF ACTIONS UNDER TITLE IV.
(a) TERMINATION OF ACTIONS UNDER TITLE IV.—
As of March 1, 2003—
(1) all denials of visas and all exclusions pursu-
ant to title IV of the Cuban Liberty and Democratic
and Solidarity (LIBERTAD) Act of 1996 shall ex-
pire; and
(2) the names of all persons subject to such de-
nials or exclusions shall be removed from any lists
or other records used by the Secretary of State or
the Attorney General to enforce title IV of that Act.
(b) NOTIFICATION.—Not later than June 30, 2003,
the Secretary of State shall notify in writing all persons
subject to denials or exclusions to which subsection (a) ap-
plies of the expiration and removal under subsection (a).
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