Union Calendar No. 122
104TH CONGRESS
1ST SESSION
H. R. 927
[Report No. 104–202, Part I]
A BILL
To seek international sanctions against the Castro
government in Cuba, to plan for support of a
transition government leading to a democratically
elected government in Cuba, and for other pur-
poses.
AUGUST 4, 1995
The Committees on Banking and Financial Services, the
Judiciary, and Ways and Means discharged; committed
to the Committee of the Whole House on the State of
the Union, and ordered to be printed
IB
Union Calendar No. 122
104TH CONGRESS
1ST SESSION
H. R. 927
[Report No. 104–202, Part I]
To seek international sanctions against the Castro government in Cuba,
to plan for support of a transition government leading to a democratically
elected government in Cuba, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 1995
Mr. BURTON of Indiana (for himself, Mr. DIAZ-BALART, Ms. ROS-LEHTINEN,
Mr. TORRICELLI, Mr. MENENDEZ, Mr. DELAY, Mr. BALLENGER, Mr.
SOLOMON, Mr. GOSS, Mr. SMITH of New Jersey, Mr. KING, Mr. EWING,
Mr. GALLEGLY, Mr. DEUTSCH, Mr. HANSEN, Mr. BARTON of Texas, Mr.
ROHRABACHER, Mr. FUNDERBURK, Mr. SAM JOHNSON of Texas, Mrs.
VUCANOVICH, Mr. PETRI, Mrs. MEEK of Florida, and Mr. GILCHREST)
introduced the following bill; which was referred to the Committee on
International Relations, and in addition to the Committees on Ways and
Means, the Judiciary, and Banking 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
APRIL 18, 1995
Additional sponsors: Mr. ENGEL, Mr. KNOLLENBERG, Mr. WILSON, Mr.
FOLEY, and Mr. BARTLETT of Maryland
JULY 24, 1995
Reported from the Committee on International Relations with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 24, 1995
Referral to the Committees on Ways and Means, the Judiciary, and Banking
and Financial Services extended for a period ending not later than Au-
gust 4, 1995
AUGUST 4, 1995
Additional sponsors: Mr. MCCOLLUM, Mr. ROYCE, Mr. DORNAN, Mr. CAL-
VERT, Mr. SHAW, Mr. GUTIERREZ, Mr. DUNCAN, Mr. SALMON, Mr. SAN-
FORD, Mrs. THURMAN, Mr. FRELINGHUYSEN, Mr. KIM, Mr. CHABOT,
Mr. BURR, Mr. ANDREWS, and Mr. ENGLISH of Pennsylvania
AUGUST 4, 1995
The Committees on Banking and Financial Services, the Judiciary, and Ways
and Means discharged; committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on February 14, 1995]
A BILL
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,
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. Importation safeguard against certain Cuban products.
Sec. 110. Authorization of support for democratic and human rights groups and
international observers.
Sec. 111. Withholding of foreign assistance from countries supporting nuclear
plant in Cuba.
Sec. 112. 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. Authorization of assistance for the Cuban people.
Sec. 203. Coordination of assistance program; implementation and reports to
Congress; reprogramming.
Sec. 204. Authorization of appropriations.
Sec. 205. Termination of the economic embargo of Cuba.
Sec. 206. Requirements for a transition government.
Sec. 207. 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 na-
tionals.
Sec. 303. Determination of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification pro-
cedure.
TITLE IV—EXCLUSION OF CERTAIN ALIENS
Sec. 401. Exclusion from the United States of aliens who have confiscated prop-
erty 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 Govern-
ment and the countries of the former Soviet bloc
to conduct economic relations with Cuba on
strictly commercial terms.
(2) At the same time, the welfare and health of
the Cuban people have substantially deteriorated as a
result of this economic decline and the refusal of the
Castro regime to permit free and fair democratic elec-
tions in Cuba.
(3) The Castro regime has made it abundantly
clear that it will not engage in any substantive politi-
cal 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 completely
nondemocratic government in the Western Hemi-
sphere.
(5) As long as free elections are not held in
Cuba, the economic condition of the country and the
welfare of the Cuban people will not improve in any
significant way.
(6) The totalitarian nature of the Castro regime
has deprived the Cuban people of any peaceful means
to improve their condition and has led thousands of
Cuban citizens to risk or lose their lives in dangerous
attempts to escape from Cuba to freedom.
(7) Radio Marti and Television Marti have both
been effective vehicles for providing the people of Cuba
with news and information and have helped to bolster
the morale of the people of Cuba living under tyr-
anny.
(8) The consistent policy of the United States to-
wards Cuba since the beginning of the Castro regime,
carried out by both Democratic and Republican ad-
ministrations, has sought to keep faith with the people
of Cuba, and has been effective in sanctioning the to-
talitarian Castro regime.
(9) The United States has shown a deep commit-
ment, and considers it a moral obligation, to promote
and protect human rights and fundamental freedoms
as expressed in the Charter of the United Nations and
in the Universal Declaration of Human Rights.
(10) The Congress has historically and 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 requires
that the President, in providing economic assistance
to Russia and the emerging Eurasian democracies,
take into account the extent to which they are acting
to ‘‘terminate support for the communist regime in
Cuba, including removal of troops, closing military
facilities, and ceasing trade subsidies and economic,
nuclear, and other assistance’’.
(13) The Cuban Government engages in the ille-
gal 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 various
forms (including by psychiatry), as well as execution,
exile, confiscation, political imprisonment, and other
forms of terror and repression, as means of retaining
power.
(16) Fidel Castro has defined democratic plural-
ism as ‘‘pluralistic garbage’’ and continues to make
clear that he has no intention of tolerating the democ-
ratization of Cuban society.
(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 Inter-
national Covenant on Civil and Political Rights
(which protects the right to leave one’s own country),
Cuba nevertheless surrounds embassies in its capital
by armed forces to thwart the right of its citizens to
seek asylum and systematically denies that right to
the Cuban people, punishing them by imprisonment
for seeking to leave the country and killing them for
attempting to do so (as demonstrated in the case of
the confirmed murder of over 40 men, women, and
children who were seeking to leave Cuba on July 13,
1994).
(19) The Castro government continues to utilize
blackmail, such as the immigration crisis with which
it threatened the United States in the summer of
1994, and other unacceptable and illegal forms of con-
duct to influence the actions of sovereign states in the
Western Hemisphere in violation of the Charter of the
Organization of American States and other inter-
national agreements and international law.
(20) The United Nations Commission on Human
Rights has repeatedly reported on the unacceptable
human rights situation in Cuba and has taken the ex-
traordinary step of appointing a Special Rapporteur.
(21) The Cuban Government has consistently re-
fused access to the Special Rapporteur and formally
expressed its decision not to ‘‘implement so much as
one comma’’ of the United Nations Resolutions ap-
pointing the Rapporteur.
(22) The United Nations General Assembly
passed Resolution 1992/70 on December 4, 1992, Res-
olution 1993/48/142 on December 20, 1993, and Reso-
lution 1994/49/544 on October 19, 1994, referencing
the Special Rapporteur’s reports to the United Na-
tions and condemning ‘‘violations of human rights
and fundamental freedoms’’ in Cuba.
(23) Article 39 of Chapter VII of the United Na-
tions Charter provides that the United Nations Secu-
rity Council ‘‘shall determine the existence of any
threat to the peace, breach of the peace, or act of ag-
gression and shall make recommendations, or decide
what measures shall be taken . . ., to maintain or re-
store international peace and security.’’.
(24) The United Nations has determined that
massive and systematic violations of human rights
may constitute a ‘‘threat to peace’’ under Article 39
and has imposed sanctions due to such violations of
human rights in the cases of Rhodesia, South Africa,
Iraq, and the former Yugoslavia.
(25) In the case of Haiti, a neighbor of Cuba not
as close to the United States as Cuba, the United
States led an effort to obtain and did obtain a United
Nations Security Council embargo and blockade
against that country due to the existence of a military
dictatorship in power less than 3 years.
(26) United Nations Security Council Resolution
940 of July 31, 1994, subsequently authorized the use
of ‘‘all necessary means’’ to restore the ‘‘democrat-
ically elected government of Haiti’’, and the demo-
cratically 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.
(28) For the past 36 years, the Cuban Govern-
ment has posed and continues to pose a national secu-
rity 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 com-
munity 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 su-
pervision 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 govern-
ments 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 domes-
tic repression from which refugees flee to United
States shores.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the follow-
ing meanings:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on International Relations
and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Rela-
tions and the Committee on Appropriations of the
Senate.
(2) COMMERCIAL ACTIVITY.—The term ‘‘commer-
cial activity’’ has the meaning given that term in sec-
tion 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 owner-
ship or control of property, on or after January
1, 1959—
(i) without the property having been
returned or adequate and effective com-
pensation provided; or
(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 otherwise
taken by the Cuban Government; or
(iii) a debt which was incurred by the
Cuban Government in satisfaction or settle-
ment 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 instrumental-
ity 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 for-
eign state as defined in section 1603(b) of title 28,
United States Code, with ‘‘Cuba’’ substituted for ‘‘a
foreign state’’ each place it appears in such section.
(5) DEMOCRATICALLY ELECTED GOVERNMENT IN
CUBA.—The term ‘‘democratically elected government
in Cuba’’ means a government determined by the
President to have met the requirements of section 207.
(6) ECONOMIC EMBARGO OF CUBA.—The term
‘‘economic embargo of Cuba’’ refers to the economic
embargo imposed against Cuba pursuant to section
620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)), section 5(b) of the Trading With the
Enemy Act (50 U.S.C. App. 5(b)), the International
Emergency Economic Powers Act (50 U.S.C. 1701
and following), and the Export Administration Act of
1979 (50 U.S.C. App. 2401 and following), as modi-
fied by the Cuban Democracy Act of 1992 (22 U.S.C.
6001 and following).
(7) FOREIGN NATIONAL.—The term ‘‘foreign na-
tional’’ means—
(A) an alien; or
(B) any corporation, trust, partnership, or
other juridical entity not organized under the
laws of the United States, or of any State, the
District of Columbia, the Commonwealth of
Puerto Rico, or any other territory or possession
of the United States.
(8) KNOWINGLY.—The term ‘‘knowingly’’ means
with knowledge or having reason to know.
(9) PROPERTY.—(A) The term ‘‘property’’ means
any property (including patents, copyrights, trade-
marks, and any other form of intellectual property),
whether real, personal, or mixed, and any present, fu-
ture, or contingent right, security, or other interest
therein, including any leasehold interest.
(B) For purposes of title III of this Act, the term
‘‘property’’ shall not include real property used for
residential purposes unless, as of the date of the enact-
ment 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.
(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 prof-
its 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 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 Democracy
Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities pub-
licly traded or held, unless the trading is with or
by a person determined by the Secretary of the
Treasury to be a specially designated national.
(11) TRANSITION GOVERNMENT IN CUBA.—The
term ‘‘transition government in Cuba’’ means a gov-
ernment determined by the President to have met the
requirements of section 206.
(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 Com-
monwealth 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—
(1) the acts of the Castro government, including
its massive, systematic, and extraordinary violations
of human rights, are a threat to international peace;
(2) the President should advocate, and should in-
struct the United States Permanent Representative to
the United Nations to propose and seek, within the
Security Council, a mandatory international embargo
against the totalitarian Cuban Government pursuant
to chapter VII of the Charter of the United Nations,
which is similar to measures taken by United States
representatives with respect to Haiti; and
(3) any resumption or commencement of efforts
by any state to make operational the nuclear facility
at Cienfuegos, Cuba, will have a detrimental impact
on United States assistance to and relations with that
state.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF
CUBA.
(a) POLICY.—(1) The Congress hereby reaffirms 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.
(2) The Congress further urges the President to take
immediate steps to apply the sanctions described in section
1704(b) of that Act against countries assisting Cuba.
(b) DIPLOMATIC EFFORTS.—The Secretary of State
shall ensure that United States diplomatic personnel abroad
understand and, in their contacts with foreign officials, are
communicating the reasons for the United States economic
embargo of Cuba, and are urging foreign governments to
cooperate more effectively with the embargo.
(c) EXISTING REGULATIONS.—The President should
instruct the Secretary of the Treasury and the Attorney
General to enforce fully the Cuban Assets Control Regula-
tions set forth in part 515 of title 31, Code of Federal Regu-
lations.
(d) TRADING WITH THE ENEMY ACT.—
(1) CIVIL PENALTIES.—Subsection (b) of section
16 of the Trading With the Enemy Act (50 U.S.C.
App. 16(b)) is amended to read as follows:
‘‘(b)(1) A civil penalty of not to exceed $50,000 may
be imposed by the Secretary of the Treasury on any person
who violates any license, order, rule, or regulation issued
in compliance with the provisions of this Act.
‘‘(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its tackle,
apparel, furniture, and equipment, that is the subject of a
violation under paragraph (1) shall, at the discretion of the
Secretary of the Treasury, be forfeited to the United States
Government.
‘‘(3) The penalties provided under this subsection may
not be imposed for—
‘‘(A) news gathering, research, or the export or
import of, or transmission of, information or infor-
mational materials; or
‘‘(B) clearly defined educational or religious ac-
tivities, or activities of recognized human rights orga-
nizations, that are reasonably limited in frequency,
duration, and number of participants.
‘‘(4) The penalties provided under this subsection may
be imposed only on the record after opportunity for an
agency hearing in accordance with sections 554 through 557
of title 5, United States Code, with the right to prehearing
discovery.
‘‘(5) Judicial review of any penalty imposed under
this subsection may be had to the extent provided in section
702 of title 5, United States Code.’’.
(2) FORFEITURE OF PROPERTY USED IN VIOLA-
TION.—Section 16 of the Trading With the Enemy
Act is further amended by striking subsection (c).
(3) CLERICAL AMENDMENT.—Section 16 of the
Trading With the Enemy Act is further amended by
inserting ‘‘SEC. 16.’’ before ‘‘(a)’’.
(e) COVERAGE OF DEBT-FOR-EQUITY SWAPS BY ECO-
NOMIC 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 coun-
try in return for a grant of an equity interest
in a property, investment, or operation of the
Government of Cuba (including the government
of any political subdivision of Cuba, and any
agency or instrumentality of the Government of
Cuba) or of a Cuban national; and’’; and
(4) by adding at the end the following flush sen-
tence:
‘‘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 confiscated
property the claim to which is owned by a United States
national as of the date of the enactment of this Act.
(b) TERMINATION OF PROHIBITION.—The prohibition
of subsection (a) shall cease to apply on the date on which
the economic embargo of Cuba terminates under section
205.
(c) PENALTIES.—Violations of subsection (a) shall be
punishable by the same penalties as are applicable to viola-
tions of the Cuban Assets Control Regulations set forth in
part 515 of title 31, Code of Federal Regulations.
(d) DEFINITIONS.—As used in this section—
(1) the term ‘‘permanent resident alien’’ means
an alien admitted for permanent residence into the
United States; and
(2) the term ‘‘United States agency’’ has the
meaning given the term ‘‘agency’’ in section 551(1) of
title 5, United States Code.
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBER-
SHIP IN INTERNATIONAL FINANCIAL INSTI-
TUTIONS.
(a) CONTINUED OPPOSITION TO CUBAN MEMBERSHIP
IN INTERNATIONAL FINANCIAL INSTITUTIONS.—(1) Except
as provided in paragraph (2), the Secretary of the Treasury
shall instruct the United States executive director to each
international financial institution to use the voice and vote
of the United States to oppose the admission of Cuba as
a member of that institution until the President submits
a determination under section 203(c)(3) that a democrat-
ically elected government in Cuba is in power.
(2) Once the President submits a determination under
section 203(c)(1) that a transition government in Cuba is
in power, the President is encouraged to take steps to sup-
port the processing of Cuba’s application for membership
in any international financial institution, subject to the
membership taking effect after a democratically elected gov-
ernment in Cuba is in power.
(b) REDUCTION IN UNITED STATES PAYMENTS TO
INTERNATIONAL FINANCIAL INSTITUTIONS.—If any inter-
national financial institution approves a loan or other as-
sistance to the Cuban Government over the opposition of
the United States, then the Secretary of the Treasury shall
withhold from payment to that institution an amount equal
to the amount of the loan or other assistance to the Cuban
Government, with respect to each of the following types of
payment:
(1) The paid-in portion of the increase in capital
stock of the institution.
(2) The callable portion of the increase in capital
stock of the institution.
(c) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ means the 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.
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 op-
pose ending the suspension of the Government of Cuba from
the Organization until the President determines under sec-
tion 203(c)(3) that a democratically elected government in
Cuba is in power.
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION FOR THE CUBAN
GOVERNMENT.
(a) REPORTING REQUIREMENT.—Not later than 90
days after the date of the enactment of this Act, the Presi-
dent shall submit to the appropriate congressional commit-
tees 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 facili-
ties’’ and inserting ‘‘military and intelligence facilities, in-
cluding 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 determined
and certified to the appropriate congressional com-
mittees (and Congress has not enacted legislation dis-
approving the determination within that 30-day pe-
riod) that such government is providing assistance
for, or engaging in nonmarket based trade (as defined
in section 498B(k)(3)) with, the Cuban Government;
or’’.
(2) Subsection (k) of section 498B of that Act (22
U.S.C. 2295b(k)), is amended by adding at the end the
following:
‘‘(3) NONMARKET
BASED
TRADE.—As used in
section 498A(b)(5), the term ‘nonmarket based trade’
includes exports, imports, exchanges, or other ar-
rangements that are provided for goods and services
(including oil and other petroleum products) on terms
more favorable than those generally available in ap-
plicable markets or for comparable commodities, in-
cluding—
‘‘(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 forgiveness
of Cuban debt in return for a grant by the
Cuban Government of an equity interest in a
property, investment, or operation of the Cuban
Government or of a Cuban national.
‘‘(4) 
CUBAN
GOVERNMENT.—(A) 
The 
term
‘Cuban Government’ includes the government of any
political subdivision of Cuba, and any agency or 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 for-
eign state as defined in section 1603(b) of title 28,
United States Code, with ‘Cuba’ substituted for ‘a for-
eign state’ each place it appears in such section.’’.
(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 IN-
TELLIGENCE FACILITIES IN CUBA.—(1) Notwithstanding
any other provision of law, the President shall withhold
from assistance provided, on or after the date of the enact-
ment of this subsection, for an independent state of the
former Soviet Union under this chapter an amount equal
to the sum of assistance and credits, if any, provided on
or after such date by such state in support of intelligence
facilities in Cuba, including the intelligence facility at
Lourdes, Cuba.
‘‘(2)(A) The President may waive the requirement of
paragraph (1) to withhold assistance if the President 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 President
certifies that the Russian Government has assured the
United States Government that the Russian Government is
not sharing intelligence data collected at the Lourdes facil-
ity with officials or agents of the Cuban Government.
‘‘(B) At the time of a certification made with respect
to Russia pursuant to subparagraph (A), the President
shall also submit to the appropriate congressional commit-
tees a report describing the intelligence activities of Russia
in Cuba, including the purposes for which the Lourdes facil-
ity is used by the Russian Government and the extent to
which the Russian Government provides payment or gov-
ernment credits to the Cuban Government for the continued
use of the Lourdes facility.
‘‘(C) The report required by subparagraph (B) may
be submitted in classified form.
‘‘(D) For purposes of this paragraph, the term ‘appro-
priate congressional committees’ includes the Permanent
Select Committee on Intelligence of the House of Represent-
atives and the Select Committee on Intelligence of the Sen-
ate.
‘‘(3) The requirement of paragraph (1) to withhold as-
sistance 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 economic
system; and
‘‘(F) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII
of Public Law 103–160).’’.
SEC. 107. TELEVISION BROADCASTING TO CUBA.
(a) CONVERSION
TO UHF.—The Director of the
United States Information Agency shall implement a con-
version of television broadcasting to Cuba under the Tele-
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 In-
formation Agency shall submit a report to the appropriate
congressional committees on the progress made in carrying
out subsection (a).
(c) TERMINATION OF BROADCASTING AUTHORITIES.—
Upon transmittal of a determination under section
203(c)(3), the Television Broadcasting to Cuba Act (22
U.S.C. 1465aa and following) and the Radio Broadcasting
to Cuba Act (22 U.S.C. 1465 and following) are repealed.
SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE 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 appro-
priate congressional committees on assistance and com-
merce received by Cuba from other foreign countries during
the preceding 12-month period.
(b) CONTENTS OF REPORTS.—Each report required by
subsection (a) shall, for the period covered by the report,
contain the following, to the extent such information is
known:
(1) A description of all bilateral assistance pro-
vided to Cuba by other foreign countries, including
humanitarian assistance.
(2) A description of Cuba’s commerce with for-
eign countries, including an identification of Cuba’s
trading partners and the extent of such trade.
(3) A description of the joint ventures completed,
or under consideration, by foreign nationals involving
facilities in Cuba, including an identification of the
location of the facilities involved and a description of
the terms of agreement of the joint ventures and the
names of the parties that are involved.
(4) A determination whether or not any of the
facilities described in paragraph (3) is the subject of
a claim by a United States national.
(5) A determination of the amount of Cuban debt
owed to each foreign country, including—
(A) the amount of debt exchanged, forgiven,
or reduced under the terms of each investment or
operation in Cuba involving foreign nationals;
and
(B) the amount of debt owed to the foreign
country that has been exchanged, reduced, or for-
given in return for a grant by the Cuban Gov-
ernment of an equity interest in a property, in-
vestment, or operation of the Cuban Government
or of a Cuban national.
(6) A description of the steps taken to ensure
that raw materials and semifinished or finished goods
produced by facilities in Cuba involving foreign na-
tionals do not enter the United States market, either
directly or through third countries or parties.
(7) An identification of countries that purchase,
or have purchased, arms or military supplies from
the Cuban Government or that otherwise have entered
into agreements with the Cuban Government that
have a military application, including—
(A) a description of the military supplies,
equipment, or other materiel sold, bartered, or
exchanged between the Cuban Government and
such countries;
(B) a listing of the goods, services, credits,
or other consideration received by the Cuban
Government in exchange for military supplies,
equipment, or materiel; and
(C) the terms or conditions of any such
agreement.
SEC. 109. IMPORTATION SAFEGUARD AGAINST CERTAIN
CUBAN PRODUCTS.
(a) STATEMENT OF POLICY.—
(1) The Congress reaffirms section 515.204 of
title 31, Code of Federal Regulations, that prohibits
the importation of and dealings in merchandise out-
side the United States that—
(A) is of Cuban origin,
(B) is or has been located in or transported
from or through Cuba, or
(C) is made or derived in whole or in part
from any article which is the growth, produce, or
manufacture of Cuba.
(2) The Congress reaffirms that United States
accession to the North American Free Trade Agree-
ment does not modify or alter the United States sanc-
tions against Cuba, noting that the statement of ad-
ministrative action accompanying that trade agree-
ment specifically states the following:
(A) ‘‘The NAFTA rules of origin will not in
any way diminish the Cuban sanctions pro-
gram. . . . Nothing in the NAFTA would oper-
ate to override this prohibition.’’.
(B) ‘‘Article 309(3) (of the NAFTA) permits
the United States to ensure that Cuban products
or goods made from Cuban materials are not im-
ported into the United States from Mexico or
Canada and that United States products are not
exported to Cuba through those countries.’’.
(3) The Congress notes that section 902(c) the
Food Security Act of 1985 (Public Law 99–198) re-
quired the President not to allocate any of the sugar
import quota to a country that is a net importer of
sugar unless that country can verify to the President
that any imports of sugar produced in Cuba are not
reexported to the United States.
(4) Protection of essential security interests of
the United States requires enhanced assurances that
sugar products imported into the United States are
not products of Cuba.
(b) IN GENERAL.—(1) Notwithstanding any other pro-
vision of law, no sugar or sugar product shall enter or be
imported into the United States unless the exporter of the
sugar or sugar product to the United States has certified,
to the satisfaction of the Secretary of the Treasury, that the
sugar or sugar product is not a product of Cuba.
(2) If the exporter described in paragraph (1) is not
the producer of the sugar or sugar product, the exporter
may certify the origin of the sugar or sugar product on
the basis of—
(A) its reasonable reliance on the producer’s
written representations as to the origin of the sugar
or sugar product; or
(B) a certification of the origin of the sugar or
sugar product by its producer, that is voluntarily
provided to the exporter by the producer.
(c) CERTIFICATION.—The Secretary of the Treasury
shall prescribe the form, content, and manner of submission
of the certification (including documentation) required in
connection with the entry or importation into the United
States of sugar or sugar products, in order to ensure the
strict enforcement of this section. Such certification shall
be in a form sufficient to satisfy the Secretary that the ex-
porter has taken steps to ensure that it is not exporting
to the United States sugar or sugar products that are a
product of Cuba.
(d) PENALTIES.—
(1) UNLAWFUL ACTS.—It is unlawful to—
(A) enter or import into the United States
any product or article if such importation is
prohibited under subsection (b), or
(B) make a false certification under sub-
section (c).
(2) FORFEITURE.—Any person or entity that
violates paragraph (1) shall forfeit to the United
States—
(A) in the case of a violation of paragraph
(1)(A), the goods imported or entered in viola-
tion of paragraph (1)(A), and
(B) in the case of a violation of paragraph
(1)(B), the goods imported or entered pursuant
to the false certification that is the subject of the
violation.
(3) ENFORCEMENT.—The Customs Service may
exercise the authorities it has under sections 581
through 641 of the Tariff Act of 1930 (19 U.S.C. 1581
through 1641) in order to carry out paragraph (2).
(e) REPORTS TO CONGRESS.—The Secretary of the
Treasury shall report to the Congress on any unlawful acts
and penalties imposed under subsection (d).
(f) PUBLICATION OF LISTS OF VIOLATORS.—(1) The
Secretary of the Treasury shall publish in the Federal Reg-
ister, not later than March 31 and September 30 of each
year, a list containing the name of any person or entity
located outside the customs territory of the United States
whose acts result in a violation of paragraph (1)(A) of sub-
section (d) or who violate paragraph (1)(B) of subsection
(d).
(2) Any person or entity whose name has been included
in a list published under paragraph (1) may petition the
Secretary to be removed from such list. If the Secretary
finds that such person or entity has not committed any vio-
lations described in paragraph (1) for a period of not less
than 1 year after the date on which the name of the person
or entity was so published, the Secretary shall remove such
person from the list as of the next publication of the list
under paragraph (1).
(g) DEFINITIONS.—For purposes of this section:
(1) ENTER, IMPORT, ETC.—The terms ‘‘entry’’,
‘‘enter or be imported’’, ‘‘import’’, and ‘‘importation’’
into the United States mean entered, or withdrawn
from warehouse for consumption, in the customs terri-
tory of the United States.
(2) PRODUCT OF CUBA.—The term ‘‘product of
Cuba’’ means a product that—
(A) is of Cuban origin,
(B) is or has been located in or transported
from or through Cuba, or
(C) is made or derived in whole or in part
from any article which is the growth, produce, or
manufacture of Cuba.
(3) 
SUGAR, 
SUGAR
PRODUCT.—The 
terms
‘‘sugar’’ and ‘‘sugar product’’ mean sugars, syrups,
molasses, or products with sugar content in excess of
35 percent.
SEC. 110. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC
AND HUMAN RIGHTS GROUPS AND INTER-
NATIONAL OBSERVERS.
(a) AUTHORIZATION.—Notwithstanding any other
provision of law, except for section 634A of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2394–1) and comparable
notification requirements contained in any Act making ap-
propriations for foreign operations, export financing, and
related programs, the President is authorized to furnish as-
sistance and provide other support for individuals and
independent nongovernmental organizations to support de-
mocracy-building efforts for Cuba, including the following:
(1) Published and informational matter, such as
books, videos, and cassettes, on transitions to democ-
racy, human rights, and market economies, to be
made available to independent democratic groups in
Cuba.
(2) Humanitarian assistance to victims of politi-
cal repression, and their families.
(3) Support for democratic and human rights
groups in Cuba.
(4) Support for visits and permanent deploy-
ment of independent international human rights
monitors in Cuba.
(b) OAS EMERGENCY FUND.—(1) The President shall
take the necessary steps to encourage the Organization of
American States to create a special emergency fund for the
explicit purpose of deploying human rights observers, elec-
tion support, and election observation in Cuba.
(2) The President should instruct the United States
Permanent Representative to the Organization of American
States to encourage other member states of the Organization
to join in calling for the Cuban Government to allow the
immediate deployment of independent human rights mon-
itors of the Organization throughout Cuba and on-site visits
to Cuba by the Inter-American Commission on Human
Rights.
(3) Notwithstanding section 307 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2227) or any other provision
of law limiting the United States proportionate share of
assistance to Cuba by any international organization, the
President should provide not less than $5,000,000 of the vol-
untary contributions of the United States to the Organiza-
tion of American States as of the date of the enactment of
this Act solely for the purposes of the special fund referred
to in paragraph (1).
SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM
COUNTRIES SUPPORTING NUCLEAR PLANT IN
CUBA.
(a) FINDINGS.—The Congress makes the following
findings:
(1) President Clinton stated in April 1993 that
‘‘the United States opposes the construction of the
Juragua nuclear power plant because of our concerns
about Cuba’s ability to ensure the safe operation of
the facility and because of Cuba’s refusal to sign the
Nuclear Non-Proliferation Treaty or ratify the Treaty
of Tlatelolco.’’.
(2) Cuba has not signed the Treaty on the Non-
Proliferation of Nuclear Weapons or ratified the Trea-
ty of Tlatelolco, the latter of which establishes Latin
America and the Caribbean as a nuclear weapons-free
zone.
(3) The State Department, the Nuclear Regu-
latory Commission, and the Department of Energy
have expressed concerns about the construction and
operation of Cuba’s nuclear reactors.
(4) In a September 1992 report to Congress, the
General Accounting Office outlined concerns among
nuclear energy experts about deficiencies in the nu-
clear plant project in Juragua, near Cienfuegos,
Cuba, including—
(A) a lack in Cuba of a nuclear regulatory
structure;
(B) the absence in Cuba of an adequate in-
frastructure to ensure the plant’s safe operation
and requisite maintenance;
(C) the inadequacy of training of plant op-
erators;
(D) reports by a former technician from
Cuba who, by examining with x-rays weld sites
believed to be part of the auxiliary plumbing sys-
tem for the plant, found that 10 to 15 percent of
those sites were defective;
(E) since September 5, 1992, when con-
struction on the plant was halted, the prolonged
exposure to the elements, including corrosive salt
water vapor, of the primary reactor components;
and
(F) the possible inadequacy of the upper
portion of the reactors’ dome retention capability
to withstand only 7 pounds of pressure per
square inch, given that normal atmospheric pres-
sure is 32 pounds per square inch and United
States reactors are designed to accommodate
pressures of 50 pounds per square inch.
(5) The United States Geological Survey claims
that it had difficulty determining answers to specific
questions regarding earthquake activity in the area
near Cienfuegos because the Cuban Government was
not forthcoming with information.
(6) The Geological Survey has indicated that the
Caribbean plate, a geological formation near the south
coast of Cuba, may pose seismic risks to Cuba and the
site of the power plant, and may produce large to
moderate earthquakes.
(7) On May 25, 1992, the Caribbean plate pro-
duced an earthquake numbering 7.0 on the Richter
scale.
(8) According to a study by the National Oce-
anic and Atmospheric Administration, summer winds
could carry radioactive pollutants from a nuclear ac-
cident at the power plant throughout all of Florida
and parts of the States on the gulf coast as far as
Texas, and northern winds could carry the pollutants
as far northeast as Virginia and Washington, D.C.
(9) The Cuban Government, under dictator Fidel
Castro, in 1962 advocated the Soviets’ launching of
nuclear missiles to the United States, which rep-
resented a direct and dangerous provocation of the
United States and brought the world to the brink of
a nuclear conflict.
(10) Fidel Castro over the years has consistently
issued threats against the United States Government,
most recently that he would unleash another perilous
mass migration from Cuba upon the enactment of
this Act.
(11) Despite the various concerns about the
plant’s safety and operational problems, a feasibility
study is being conducted that would establish a sup-
port group to include Russia, Cuba, and third coun-
tries with the objective of completing and operating
the plant.
(b) WITHHOLDING OF FOREIGN ASSISTANCE.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the President shall withhold from
assistance allocated, on or after the date of the enact-
ment of this Act, for any country an amount equal
to the sum of assistance and credits, if any, provided
on or after such date of enactment by that country or
any entity in that country in support of the comple-
tion of the Cuban nuclear facility at Juragua, near
Cienfuegos, Cuba.
(2) EXCEPTIONS.—The requirement of para-
graph (1) to withhold assistance shall not apply with
respect to—
(A) assistance to meet urgent humanitarian
needs, including disaster and refugee relief;
(B) democratic political reform and rule of
law activities;
(C) the creation of private sector and non-
governmental organizations that are independent
of government control;
(D) the development of a free market eco-
nomic system; and
(E) assistance for the purposes described in
the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103–160).
(3) DEFINITION.—As used in paragraph (1), the
term ‘‘assistance’’ means assistance under the Foreign
Assistance Act of 1961, credits, sales, and guarantees
of extensions of credit under the Arms Export Control
Act, assistance under titles I and III of the Agricul-
tural Trade Development and Assistance Act of 1954,
assistance under the FREEDOM Support Act of
1992, and any other program of assistance or credits
provided by the United States to other countries
under other provisions of law, except that the term
‘‘assistance’’ does not include humanitarian assist-
ance, including disaster relief assistance.
SEC. 112. EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Govern-
ment officials who engage in official conduct with the
Cuban Government to raise on a regular basis the extra-
dition of or rendering to the United States all persons resid-
ing in Cuba who are sought by the United States Depart-
ment of Justice for crimes committed in the United States.
TITLE II—ASSISTANCE TO A
FREE AND INDEPENDENT CUBA
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT
AND A DEMOCRATICALLY ELECTED GOVERN-
MENT IN CUBA.
The policy of the United States is as follows:
(1) To support the self-determination of the
Cuban people.
(2) To recognize that the self-determination of
the Cuban people is a sovereign and national right of
the citizens of Cuba which must be exercised free of
interference by the government of any other country.
(3) To encourage the Cuban people to empower
themselves with a government which reflects the self-
determination of the Cuban people.
(4) To recognize the potential for a difficult
transition from the current regime in Cuba that may
result from the initiatives taken by the Cuban people
for self-determination in response to the intransigence
of the Castro regime in not allowing any substantive
political or economic reforms, and to be prepared to
provide the Cuban people with humanitarian, devel-
opmental, and other economic assistance.
(5) In solidarity with the Cuban people, to pro-
vide appropriate forms of assistance—
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from
such a transition government to a democratically
elected government in Cuba that results from an
expression of the self-determination of the Cuban
people; and
(C) to support such a democratically elected
government.
(6) Through such assistance, to facilitate a
peaceful transition to representative democracy and a
market economy in Cuba and to consolidate democ-
racy in Cuba.
(7) To deliver such assistance to the Cuban peo-
ple only through a transition government in Cuba,
through a democratically elected government in Cuba,
through United States Government organizations, or
through United States, international, or indigenous
nongovernmental organizations.
(8) To encourage other countries and multilat-
eral organizations to provide similar assistance, and
to work cooperatively with such countries and organi-
zations to coordinate such assistance.
(9) To ensure that appropriate assistance is rap-
idly provided and distributed to the people of Cuba
upon the institution of a transition government in
Cuba.
(10) Not to provide favorable treatment or influ-
ence on behalf of any individual or entity in the selec-
tion by the Cuban people of their future government.
(11) To assist a transition government in Cuba
and a democratically elected government in Cuba to
prepare the Cuban military forces for an appropriate
role in a democracy.
(12) To be prepared to enter into negotiations
with a democratically elected government in Cuba ei-
ther to return the United States Naval Base at Guan-
tanamo to Cuba or to renegotiate the present agree-
ment under mutually agreeable terms.
(13) To consider the restoration of diplomatic
recognition and support the reintegration of the
Cuban Government into Inter-American organiza-
tions when the President determines that there exists
a democratically elected government in Cuba.
(14) To take steps to remove the economic embar-
go of Cuba when the President determines that a
transition to a democratically elected government in
Cuba has begun.
(15) To assist a democratically elected govern-
ment in Cuba to strengthen and stabilize its national
currency.
(16) To pursue the extension of free trade ar-
rangements to a free, democratic, and independent
Cuba or to seek the creation of an economic commu-
nity with a free, democratic, and independent Cuba.
SEC. 202. AUTHORIZATION OF ASSISTANCE FOR THE CUBAN
PEOPLE.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The President shall develop a
plan for providing economic assistance to Cuba at
such time as the President determines that a transi-
tion government or a democratically elected govern-
ment in Cuba (as determined under section 203(c)) is
in power.
(2) EFFECT ON OTHER LAWS.—Assistance may
be provided under this section notwithstanding any
other provision of law, except for—
(A) this Act;
(B) section 620(a)(2) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2370(a)(2)); and
(C) section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394–1) and comparable
notification requirements contained in any Act
making appropriations for foreign operations,
export financing, and related programs.
(b) PLAN FOR ASSISTANCE.—
(1) DEVELOPMENT
OF
PLAN.—The President
shall develop a plan for providing assistance under
this section—
(A) to Cuba when a transition government
in Cuba is in power; and
(B) to Cuba when a democratically elected
government in Cuba is in power.
(2) TYPES
OF
ASSISTANCE.—Assistance under
the plan developed under paragraph (1) shall include
the following:
(A) TRANSITION GOVERNMENT.—(i) Except
as provided in clause (ii), assistance to Cuba
under a transition government shall be limited
to—
(I) such food, medicine, medical sup-
plies and equipment, and assistance to meet
emergency energy needs, as is necessary to
meet the basic human needs of the Cuban
people; and
(II) assistance described in subpara-
graph (C).
(ii) Assistance to a transition government
in Cuba may include assistance for activities
comparable to those set forth in section 498 of
the Foreign Assistance Act of 1961 (22 U.S.C.
2295) (other than paragraph (9) of such section).
(iii) Only after a transition government in
Cuba is in power, remittances by individuals to
their relatives of cash or goods, as well as free-
dom to travel to visit them without any restric-
tions, shall be permitted.
(B) DEMOCRATICALLY
ELECTED
GOVERN-
MENT.—Assistance to a democratically elected
government in Cuba shall consist of additional
economic assistance, together with assistance de-
scribed in subparagraph (C). Such economic as-
sistance may include—
(i) assistance under chapter 1 of part
I (relating to development assistance), and
chapter 4 of part II (relating to the eco-
nomic support fund), of the Foreign Assist-
ance Act of 1961;
(ii) assistance under the Agricultural
Trade Development and Assistance Act of
1954;
(iii) financing, guarantees, and other
forms of assistance provided by the Export-
Import Bank of the United States;
(iv) financial support provided by the
Overseas Private Investment Corporation
for investment projects in Cuba;
(v) assistance provided by the Trade
and Development Agency;
(vi) Peace Corps programs;
(vii) relief of Cuba’s external debt; and
(viii) other appropriate assistance to
carry out the policy of section 201.
(C) MILITARY ADJUSTMENT ASSISTANCE.—
Assistance to a transition government in Cuba
and to a democratically elected government in
Cuba shall also include assistance in preparing
the Cuban military forces to adjust to an appro-
priate role in a democracy.
(c) STRATEGY FOR DISTRIBUTION.—The plan devel-
oped under subsection (b) shall include a strategy for dis-
tributing assistance under the plan.
(d) DISTRIBUTION.—Assistance under the plan devel-
oped under subsection (b) shall be provided through United
States Government organizations and nongovernmental or-
ganizations and private and voluntary organizations,
whether within or outside the United States, including hu-
manitarian, educational, labor, and private sector organi-
zations.
(e) INTERNATIONAL EFFORTS.—The President shall
take the necessary steps—
(1) to seek to obtain the agreement of other coun-
tries and of international financial institutions and
multilateral organizations to provide to a transition
government in Cuba, and to a democratically elected
government in Cuba, assistance comparable to that
provided by the United States under this Act; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance pro-
grams.
(f) CARIBBEAN BASIN INITIATIVE.—(1) The President
shall determine, as part of the assistance plan developed
under subsection (b), whether or not to designate Cuba as
a beneficiary country under section 212 of the Caribbean
Basin Economic Recovery Act.
(2) Any designation of Cuba as a beneficiary country
under section 212 of such Act may only be made after a
democratically elected government in Cuba is in power.
Such designation may be made notwithstanding any other
provision of law.
(3) The table contained in section 212(b) of the Carib-
bean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is
amended by inserting ‘‘Cuba’’ between ‘‘Costa Rica’’ and
‘‘Dominica’’.
(g) TRADE AGREEMENTS
AND INVESTMENT.—The
President, upon transmittal to Congress of a determination
under section 203(c)(3) that a democratically elected gov-
ernment in Cuba is in power—
(1) shall take the necessary steps to extend non-
discriminatory trade treatment (most-favored-nation
treatment) to the products of Cuba;
(2) shall take the necessary steps to enter into a
preliminary agreement with such government in
Cuba providing for extension of the North American
Free Trade Agreement to a free and independent
Cuba or to seek the creation of an economic commu-
nity with a free, democratic, and independent Cuba;
(3) is authorized to enter into negotiations with
a democratically elected government in Cuba to pro-
vide for the extension of the North American Free
Trade Agreement to Cuba or to seek the creation of
an economic community with a free, democratic, and
independent Cuba; and
(4) is authorized to take such other steps as will
encourage renewed investment in Cuba.
(h) COMMUNICATION WITH THE CUBAN PEOPLE.—The
President shall take the necessary steps to communicate to
the Cuban people the plan for assistance developed under
this section.
(i) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the President
shall transmit to the appropriate congressional committees
a report describing in detail the plan developed under this
section.
SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IM-
PLEMENTATION 
AND 
REPORTS 
TO 
CON-
GRESS; REPROGRAMMING.
(a) COORDINATING OFFICIAL.—The President shall
designate a coordinating official who shall be responsible
for—
(1) implementing the strategy for distributing
assistance described in section 202(b);
(2) ensuring the speedy and efficient distribution
of such assistance; and
(3) ensuring coordination among, and appro-
priate oversight by, the agencies of the United States
that provide assistance described in section 202(b),
including resolving any disputes among such agen-
cies.
(b) UNITED STATES-CUBA COUNCIL.—Upon making a
determination under subsection (c)(3) that a democratically
elected government in Cuba is in power, the President, after
consultation with the coordinating official, is authorized to
designate a United States-Cuba council—
(1) to ensure coordination between the United
States Government and the private sector in respond-
202(b) may not be made unless the President notifies the
appropriate congressional committees at least 15 days in
advance in accordance with the procedures applicable to
reprogramming notifications under section 634A of the For-
eign Assistance Act of 1961 (22 U.S.C. 2394–1).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Presi-
dent such sums as may be necessary to carry out this title.
SEC. 205. TERMINATION OF THE ECONOMIC EMBARGO OF
CUBA.
(a) PRESIDENTIAL ACTIONS.—Upon submitting a de-
termination to the appropriate congressional committees
under section 203(c)(1) that a transition government in
Cuba is in power, the President, after consulting with the
Congress, is authorized to take steps to suspend the eco-
nomic embargo of Cuba to the extent that such action con-
tributes to a stable foundation for a democratically elected
government in Cuba.
(b) SUSPENSION OF CERTAIN PROVISIONS OF LAW.—
In carrying out subsection (a), the President may suspend
the enforcement of—
(1) section 620(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a));
(2) section 620(f) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(f)) with regard to the ‘‘Re-
public of Cuba’’;
(3) sections 1704, 1705(d), and 1706 of the
Cuban Democracy Act (22 U.S.C. 6003, 6004(d),
6005);
(4) section 902(c) of the Food Security Act of
1985; and
(5) the prohibitions on transactions described in
part 515 of title 31, Code of Federal Regulations.
(c) ADDITIONAL PRESIDENTIAL ACTIONS.—Upon sub-
mitting a determination to the appropriate congressional
committees under section 203(c)(3) that a democratically
elected government in Cuba is in power, the President shall
take steps to terminate the economic embargo of Cuba.
(d) CONFORMING AMENDMENTS.—On the date on
which the President submits a determination under section
203(c)(3)—
(1) section 620(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a)) is repealed;
(2) section 620(f) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(f)) is amended by striking
‘‘Republic of Cuba’’;
(3) sections 1704, 1705(d), and 1706 of the
Cuban Democracy Act of 1992 (22 U.S.C. 6003,
6004(d), and 6005) are repealed; and
(4) section 902(c) of the Food Security Act of
1985 is repealed.
(e) REVIEW OF SUSPENSION OF ECONOMIC EMBAR-
GO.—
(1) REVIEW.—If the President takes action
under subsection (a) to suspend the economic embargo
of Cuba, the President shall immediately so notify the
Congress. The President shall report to the Congress
no less frequently than every 6 months thereafter,
until he submits a determination under section
203(c)(3) that a democratically elected government in
Cuba is in power, on the progress being made by
Cuba toward the establishment of such a democrat-
ically elected government. The action of the President
under subsection (a) shall cease to be effective upon
the enactment of a joint resolution described in para-
graph (2).
(2) JOINT RESOLUTIONS.—For purposes of this
subsection, the term ‘‘joint resolution’’ means only a
joint resolution of the 2 Houses of Congress, the mat-
ter after the resolving clause of which is as follows:
‘‘That the Congress disapproves the action of the
President under section 205(a) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1995
to suspend the economic embargo of Cuba, notice of
which was submitted to the Congress on ll.’’, with
the blank space being filled with the appropriate date.
(3) REFERRAL TO COMMITTEES.—Joint resolu-
tions introduced in the House of Representatives shall
be referred to the Committee on International Rela-
tions and joint resolutions introduced in the Senate
shall be referred to the Committee on Foreign Rela-
tions.
(4) PROCEDURES.—(A) Any joint resolution
shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of
1976.
(B) For the purpose of expediting the consider-
ation and enactment of joint resolutions, a motion to
proceed to the consideration of any joint resolution
after it has been reported by the appropriate commit-
tee shall be treated as highly privileged in the House
of Representatives.
(C) Not more than 1 joint resolution may be con-
sidered in the House of Representatives and the Sen-
ate in the 6-month period beginning on the date on
which the President notifies the Congress under para-
graph (1) of the action taken under subsection (a),
and in each 6-month period thereafter.
SEC. 206. REQUIREMENTS FOR A TRANSITION GOVERN-
MENT.
For purposes of this Act, a transition government in
Cuba is a government in Cuba which—
(1) is demonstrably in transition from com-
munist totalitarian dictatorship to representative de-
mocracy;
(2) has recognized the right to independent polit-
ical activity and association;
(3) has released all political prisoners and al-
lowed for investigations of Cuban prisons by appro-
priate international human rights organizations;
(4) has ceased any interference with Radio or
Television Marti broadcasts;
(5) makes public commitments to and is making
demonstrable progress in—
(A) establishing an independent judiciary;
(B) dissolving the present Department of
State Security in the Cuban Ministry of the In-
terior, including the Committees for the Defense
of the Revolution and the Rapid Response Bri-
gades;
(C) respecting internationally recognized
human rights and basic freedoms as set forth in
the Universal Declaration of Human Rights, to
which Cuba is a signatory nation;
(D) effectively guaranteeing the rights of
free speech and freedom of the press;
(E) organizing free and fair elections for a
new government—
(i) to be held in a timely manner with-
in a period not to exceed 1 year after the
transition government assumes power;
(ii) with the participation of multiple
independent political parties that have full
access to the media on an equal basis, in-
cluding (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 super-
vision of internationally recognized observ-
ers, such as the Organization of American
States, the United Nations, and other elec-
tions monitors;
(F) assuring the right to private property;
(G) taking appropriate steps to return to
United States citizens (and entities which are 50
percent or more beneficially owned by United
States citizens) property taken by the Cuban
Government from such citizens and entities on or
after January 1, 1959, or to provide equitable
compensation to such citizens and entities for
such property;
(H) granting permits to privately owned
telecommunications and media companies to op-
erate in Cuba; and
(I) allowing the establishment of independ-
ent trade unions as set forth in conventions 87
and 98 of the International Labor Organization,
and allowing the establishment of independent
social, economic, and political associations;
(6) does not include Fidel Castro or Raul Castro;
(7) has given adequate assurances that it will
allow the speedy and efficient distribution of assist-
ance to the Cuban people;
(8) permits the deployment throughout Cuba of
independent and unfettered international human
rights monitors; and
(9) has extradited or otherwise rendered to the
United States all persons sought by the United States
Department of Justice for crimes committed in the
United States.
SEC. 207. REQUIREMENTS FOR A DEMOCRATICALLY ELECT-
ED GOVERNMENT.
For purposes of this Act, a democratically elected gov-
ernment in Cuba, in addition to continuing to comply with
the requirements of section 206, is a government in Cuba
which—
(1) results from free and fair elections conducted
under the supervision of internationally recognized
observers;
(2) has permitted opposition parties ample time
to organize and campaign for such elections, and has
permitted full access to the media to all candidates in
the elections;
(3) is showing respect for the basic civil liberties
and human rights of the citizens of Cuba;
(4) has made demonstrable progress in establish-
ing an independent judiciary;
(5) is substantially moving toward a market-ori-
ented economic system;
(6) is committed to making constitutional
changes that would ensure regular free and fair elec-
tions that meet the requirements of paragraph (2);
and
(7) has made demonstrable progress in returning
to United States citizens (and entities which are 50
percent or more beneficially owned by United States
citizens) property taken by the Cuban Government
from such citizens and entities on or after January
1, 1959, or providing full compensation for such
property in accordance with international law stand-
ards and practice.
TITLE 
III—PROTECTION 
OF
PROPERTY RIGHTS OF UNIT-
ED 
STATES 
NATIONALS
AGAINST 
CONFISCATORY
TAKINGS BY THE CASTRO RE-
GIME
SEC. 301. STATEMENT OF POLICY.
The Congress makes the following findings:
(1) The right of individuals to hold and enjoy
property is a fundamental right recognized by the
United States Constitution and international human
rights law, including the Universal Declaration of
Human Rights.
(2) The illegal confiscation or taking of property
by governments, and the acquiescence of governments
in the confiscation of property by their citizens, un-
dermines the comity among nations, the free flow of
commerce, and economic development.
(3) It is in the interest of all nations to respect
equally the property rights of their citizens and na-
tionals of other countries.
(4) Nations that provide an effective mechanism
for prompt, adequate, and fair compensation for the
confiscation of private property will continue to have
the support of the United States.
(5) The United States Government has an obli-
gation to its citizens to provide protection against il-
legal confiscation by foreign nations and their citi-
zens, including the provision of private remedies.
(6) Nations that illegally confiscate private
property should not be immune to another nation’s
laws whose purpose is to protect against the
confiscation of lawfully acquired property by its citi-
zens.
(7) Trafficking in illegally acquired property is
a crime under the laws of the United States and other
nations, yet this same activity is allowed under inter-
national law.
(8) International law, by not providing effective
remedies, condones the illegal confiscation of property
and allows for the unjust enrichment from the use of
confiscated property by governments and private enti-
ties at the expense of those who hold legal claim to the
property.
(9) The development of an international mecha-
nism sanctioning those governments and private enti-
ties that confiscate and unjustly use private property
so confiscated should be a priority objective of United
States foreign policy.
SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CON-
FISCATED FROM UNITED STATES NATIONALS.
(a) CIVIL REMEDY.—
(1) LIABILITY FOR TRAFFICKING.—(A) Except as
provided in paragraphs (3) and (4), any person, in-
cluding any agency or instrumentality of a foreign
state in the conduct of a commercial activity, that,
after the end of the 6-month period beginning on the
date of the enactment of this Act, traffics in con-
fiscated property shall be liable to any United States
national who owns the claim to such property for
money damages in an amount equal to the sum of—
(i) the amount which is the greater of—
(I) the amount, if any, certified to the
claimant by the Foreign Claims Settlement
Commission under the International Claims
Settlement Act of 1949, plus interest;
(II) the amount determined under sec-
tion 303(a)(2), plus interest; or
(III) the fair market value of that
property, calculated as being the then cur-
rent value of the property, or the value of
the property when confiscated plus interest,
whichever is greater; and
(ii) reasonable costs and attorneys’ fees.
(B) Interest under subparagraph (A)(i) shall be
at the rate set forth in section 1961 of title 28, United
States Code, computed by the court from the date of
the confiscation of the property involved to the date
on which the action is brought under this subsection.
(2) PRESUMPTION
IN
FAVOR
OF
CERTIFIED
CLAIMS.—There shall be a presumption that the
amount for which a person, including any agency or
instrumentality of a foreign state in the conduct of a
commercial activity, is liable under clause (i) of
paragraph (1)(A) is the amount that is certified
under subclause (I) of that clause. The presumption
shall be rebuttable by clear and convincing evidence
that the amount described in subclause (II) or (III)
of that clause is the appropriate amount of liability
under that clause.
(3) INCREASED LIABILITY FOR PRIOR NOTICE.—
Except as provided in paragraph (4), any person, in-
cluding any agency or instrumentality of a foreign
state in the conduct of a commercial activity, that
traffics in confiscated property after having re-
ceived—
(A) notice of a claim to ownership of the
property by a United States national who owns
a claim to the confiscated property, and
(B) notice of the provisions of this section,
shall be liable to that United States national for
money damages in an amount which is the sum of the
amount equal to the amount determined under para-
graph (1)(A)(ii) plus triple the amount determined
applicable under subclause (I), (II), or (III) of para-
graph (1)(A)(i).
(4) APPLICABILITY.—(A) Except as otherwise
provided in this paragraph, actions may be brought
under paragraph (1) with respect to property con-
fiscated before, on, or after the date of the enactment
of this Act.
(B) In the case of property confiscated before the
date of the enactment of this Act, no United States
national may bring an action under this section un-
less such national acquired ownership of the claim to
the confiscated property before such date.
(C) In the case of property confiscated on or
after the date of the enactment of this Act, no United
States national who acquired ownership of a claim to
confiscated property by assignment for value after
such date of enactment may bring an action on the
claim under this section.
(5) TREATMENT OF CERTAIN ACTIONS.—(A) In
the case of any action brought under this section by
a United States national who was eligible to file the
underlying claim in the action with the Foreign
Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949 but did
not so file the claim, the court may hear the case only
if the court determines that the United States na-
tional had good cause for not filing the claim.
(B) In the case of any action brought under this
section by a United States national whose claim in
the action was timely filed with the Foreign Claims
Settlement Commission under title V of the Inter-
national Claims Settlement Act of 1949 but was de-
nied by the Commission, the court may assess the
basis for the denial and may accept the findings of
the Commission on the claim as conclusive in the ac-
tion under this section unless good cause justifies an-
other result.
(6) INAPPLICABILITY
OF
ACT
OF
STATE
DOC-
TRINE.—No court of the United States shall decline,
based upon the act of state doctrine, to make a deter-
mination on the merits in an action brought under
paragraph (1).
(b) DEFINITION.—As used in this subsection, the term
‘‘agency or instrumentality of a foreign state’’ has the
meaning given that term in section 1603(b) of title 28,
United States Code.
(c) JURISDICTION.—
(1) IN GENERAL.—Chapter 85 of title 28, United
States Code, is amended by inserting after section
1331 the following new section:
‘‘§ 1331a. Civil actions involving confiscated property
‘‘The district courts shall have exclusive jurisdiction
of any action brought under section 302 of the Cuban Lib-
erty and Democratic Solidarity (LIBERTAD) Act of 1995,
regardless of the amount in controversy.’’.
(2) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 85 of title 28, United States Code,
is amended by inserting after the item relating to sec-
tion 1331 the following:
‘‘1331a. Civil actions involving confiscated property.’’.
(d) CERTAIN PROPERTY IMMUNE FROM EXECUTION.—
Section 1611 of title 28, United States Code, is amended
by adding at the end the following:
‘‘(c) Notwithstanding the provisions of section 1610 of
this chapter, the property of a foreign state shall be immune
from attachment and from execution in an action brought
under section 302 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1995 to the extent the prop-
erty is a facility or installation used by an accredited diplo-
matic mission for official purposes.’’.
(e) ELECTION OF REMEDIES.—
(1) ELECTION.—Subject to paragraph (2)—
(A) any United States national that brings
an action under this section may not bring any
other civil action or proceeding under the com-
mon law, Federal law, or the law of any of the
several States, the District of Columbia, or any
territory or possession of the United States, that
seeks monetary or nonmonetary compensation by
reason of the same subject matter; and
(B) any person who brings, under the com-
mon law or any provision of law other than this
section, a civil action or proceeding for monetary
or nonmonetary compensation arising out of a
claim for which an action would otherwise be
cognizable under this section may not bring an
action under this section on that claim.
(2) TREATMENT OF CERTIFIED CLAIMANTS.—In
the case of any United States national that brings an
action under this section based on a claim certified
under title V of the International Claims Settlement
Act of 1949—
(A) if the recovery in the action is equal to
or greater than the amount of the certified claim,
the United States national may not receive pay-
ment on the claim under any agreement entered
into between the United States and Cuba settling
claims covered by such title, and such national
shall be deemed to have discharged the United
States from any further responsibility to rep-
resent the United States national with respect to
that claim;
(B) if the recovery in the action is less than
the amount of the certified claim, the United
States national may receive payment under a
claims agreement described in subparagraph (A)
but only to the extent of the difference between
the amount of the recovery and the amount of the
certified claim; and
(C) if there is no recovery in the action, the
United States national may receive payment on
the certified claim under a claims agreement de-
scribed in subparagraph (A) to the same extent
as any certified claimant who does not bring an
action under this section.
(f) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER
CLAIMS AGREEMENT.—Any amounts paid by Cuba under
any agreement entered into between the United States and
Cuba settling certified claims under title V of the Inter-
national Claims Settlement Act of 1949 that are in excess
of the payments made on such certified claims after the ap-
plication of subsection (e) shall be deposited into the United
States Treasury.
(g) TERMINATION OF RIGHTS.—
(1) IN GENERAL.—All rights created under this
section to bring an action for money damages with
respect to property confiscated before the date of the
enactment of this Act shall cease upon the transmittal
to the Congress of a determination of the President
under section 203(c)(3).
(2) PENDING SUITS.—The termination of rights
under paragraph (1) shall not affect suits commenced
before the date of such termination, and in all such
suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the
same effect as if this subsection had not been enacted.
SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED
PROPERTY.
(a) EVIDENCE OF OWNERSHIP.—
(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—In
any action brought under this title, the courts shall
accept as conclusive proof of ownership a certification
of a claim to ownership that has been made by the
Foreign Claims Settlement Commission pursuant to
title V of the International Claims Settlement Act of
1949 (22 U.S.C. 1643 and following).
(2) CLAIMS NOT CERTIFIED.—In the case of a
claim that has not been certified by the Foreign
Claims Settlement Commission before the enactment
of this Act, a court may appoint a special master, in-
cluding the Foreign Claims Settlement Commission,
to make determinations regarding the amount and
validity of claims to ownership of confiscated prop-
erty. Such determinations are only for evidentiary
purposes in civil actions brought under this title and
do not constitute certifications pursuant to title V of
the International Claims Settlement Act of 1949.
(3) EFFECT OF DETERMINATIONS OF FOREIGN
ENTITIES.—In determining ownership, courts shall
not accept as conclusive evidence of ownership any
findings, orders, judgments, or decrees from adminis-
trative agencies or courts of foreign countries or inter-
national organizations that invalidate the claim held
by a United States national, unless the invalidation
was found pursuant to binding international arbitra-
tion 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 follow-
ing) 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 de-
scribed 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 rela-
tions are restored; or
(2) as superseding, amending, or otherwise alter-
ing 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 sec-
tion 303, is further amended by adding at the end the fol-
lowing 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, subdivi-
sion, 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, par-
ticipate in, or otherwise have an interest in, the compensa-
tion 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 ex-
clude 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 share-
holder 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 follow-
ing 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 com-
pensation provided; or
(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 foreign governmental
authority of, the default by foreign governmental
authority on, or the failure by foreign govern-
mental authority to pay, on or after January 1,
1959—
(i) a debt of any enterprise which has
been nationalized, expropriated, or other-
wise taken by foreign governmental author-
ity;
(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or otherwise
taken by foreign governmental authority; or
(iii) a debt which was incurred by for-
eign 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 terri-
tory 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 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 prof-
its 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 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 Democracy
Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities pub-
licly 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 sub-
section (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.
HR 927 CDH——2
HR 927 CDH——3
HR 927 CDH——4
HR 927 CDH——5
HR 927 CDH——6
HR 927 CDH——7