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port, 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 com-
pleted, or under consideration, by foreign nationals
involving facilities in Cuba, including an identifica-
tion 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 in-
volved.
(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, for-
given, or reduced under the terms of each in-
vestment or operation in Cuba involving foreign
nationals; and
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(B) the amount of debt owed to the foreign
country that has been exchanged, reduced, or
forgiven in return for a grant by the Cuban
Government of an equity interest in a property,
investment, or operation of the Cuban Govern-
ment 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 for-
eign nationals do not enter the United States mar-
ket, either directly or through third countries or par-
ties.
(7) An identification of countries that purchase,
or have purchased, arms or military supplies from
the Cuban Government or that otherwise have en-
tered 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
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(C) the terms or conditions of any such
agreement.
SEC. 109. 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
Assistance Act of 1961 (22 U.S.C. 2394–1) and com-
parable notification requirements contained in any Act
making appropriations for foreign operations, export fi-
nancing, and related programs, the President is author-
ized to furnish assistance and provide other support for
individuals and independent nongovernmental organiza-
tions to support democracy-building efforts for Cuba, in-
cluding the following:
(1) Published and informational matter, such as
books, videos, and cassettes, on transitions to de-
mocracy, human rights, and market economies, to be
made available to independent democratic groups in
Cuba.
(2) Humanitarian assistance to victims of polit-
ical repression, and their families.
(3) Support for democratic and human rights
groups in Cuba.
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(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 Organiza-
tion of American States to create a special emergency fund
for the explicit purpose of deploying human rights observ-
ers, election support, and election observation in Cuba.
(2) The President should instruct the United States
Permanent Representative to the Organization of Amer-
ican States to encourage other member states of the Orga-
nization to join in calling for the Cuban Government to
allow the immediate deployment of independent human
rights monitors 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 As-
sistance Act of 1961 (22 U.S.C. 2227) or any other provi-
sion 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 voluntary contributions of the United States to the
Organization of American States as of the date of the en-
actment of this Act solely for the purposes of the special
fund referred to in paragraph (1).
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SEC. 110. 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 con-
cerns about Cuba’s ability to ensure the safe oper-
ation 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
Treaty of Tlatelolco, the latter of which establishes
Latin America and the Caribbean as a nuclear weap-
ons-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 nuclear plant project in Juragua, near Cienfue-
gos, Cuba, including—
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(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
system for the plant, found that 10 to 15 per-
cent 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 compo-
nents; and
(F) the possible inadequacy of the upper
portion of the reactors’ dome retention capabil-
ity to withstand only 7 pounds of pressure per
square inch, given that normal atmospheric
pressure is 32 pounds per square inch and
United States reactors are designed to accom-
modate pressures of 50 pounds per square inch.
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(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 nu-
clear accident 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 Washing-
ton, D.C.
(9) The Cuban Government, under dictator
Fidel Castro, in 1962 advocated the Soviets’ launch-
ing of nuclear missiles to the United States, which
represented a direct and dangerous provocation of
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the United States and brought the world to the
brink of a nuclear conflict.
(10) Fidel Castro over the years has consist-
ently issued threats against the United States Gov-
ernment, most recently that he would unleash an-
other 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 en-
actment 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 completion of the Cuban nuclear facility at
Juragua, near Cienfuegos, Cuba.
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(2) EXCEPTIONS.—The requirement of para-
graph (1) to withhold assistance shall not apply with
respect to—
(A) assistance to meet urgent humani-
tarian needs, including disaster and refugee re-
lief;
(B) democratic political reform and rule of
law activities;
(C) the creation of private sector and non-
governmental organizations that are independ-
ent 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 Agricultural Trade Development and Assist-
ance Act of 1954, assistance under the FREEDOM
Support Act of 1992, and any other program of as-
sistance or credits provided by the United States to
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other countries under other provisions of law, except
that the term ‘‘assistance’’ does not include humani-
tarian assistance, including disaster relief assistance.
SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Gov-
ernment 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 re-
siding in Cuba who are sought by the United States De-
partment 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 coun-
try.
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(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 intran-
sigence of the Castro regime in not allowing any
substantive political or economic reforms, and to be
prepared to provide the Cuban people with humani-
tarian, developmental, and other economic assist-
ance.
(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 democrat-
ically elected government in Cuba that results
from an expression of the self-determination of
the Cuban people; and
(C) to support such a democratically elect-
ed government.
(6) Through such assistance, to facilitate a
peaceful transition to representative democracy and
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a market economy in Cuba and to consolidate de-
mocracy in Cuba.
(7) To deliver such assistance to the Cuban
people only through a transition government in
Cuba, through a democratically elected government
in Cuba, through United States Government organi-
zations, 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 orga-
nizations to coordinate such assistance.
(9) To ensure that appropriate assistance is
rapidly provided and distributed to the people of
Cuba upon the institution of a transition govern-
ment in Cuba.
(10) Not to provide favorable treatment or in-
fluence on behalf of any individual or entity in the
selection by the Cuban people of their future govern-
ment.
(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.
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(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
Guantanamo to Cuba or to renegotiate the present
agreement 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 ex-
ists a democratically elected government in Cuba.
(14) To take steps to remove the economic em-
bargo 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 trade relations with a free,
democratic, and independent Cuba.
SEC. 202. 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-
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ment in Cuba (as determined under section 203(c))
is in power.
(2) EFFECT ON OTHER LAWS.—Assistance may
be provided under this section subject to an author-
ization of appropriations and subject to the availabil-
ity of appropriations.
(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) may, subject
to an authorization of appropriations and subject to
the availability of appropriations, include the follow-
ing:
(A) TRANSITION
GOVERNMENT.—(i) Ex-
cept as provided in clause (ii), assistance to
Cuba under a transition government shall, sub-
ject to an authorization of appropriations and
subject to the availability of appropriations, be
limited to—
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(I) such food, medicine, medical sup-
plies and equipment, and assistance to
meet emergency energy needs, as is nec-
essary to meet the basic human needs of
the Cuban people; and
(II) assistance described in subpara-
graph (C).
(ii) Assistance provided only after the
President certifies to the appropriate congres-
sional committees, in accordance with proce-
dures applicable to reprogramming notifications
under section 634A of the Foreign Assistance
Act of 1961, that such assistance is essential to
the successful completion of the transition to
democracy.
(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 may, subject to an author-
ization of appropriations and subject to the
availability of appropriations, consist of addi-
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tional economic assistance, together with assist-
ance described in subparagraph (C). Such eco-
nomic assistance 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 As-
sistance 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 Ex-
port-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; and
(vii) other appropriate assistance to
carry out the policy of section 201.
(C) 
MILITARY
ADJUSTMENT
ASSIST-
ANCE.—Assistance to a transition government
in Cuba and to a democratically elected govern-
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ment in Cuba shall also include assistance in
preparing the Cuban military forces to adjust to
an appropriate 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 nongovern-
mental organizations and private and voluntary organiza-
tions, whether within or outside the United States, includ-
ing humanitarian, educational, labor, and private sector
organizations.
(e) INTERNATIONAL EFFORTS.—The President shall
take the necessary steps—
(1) to seek to obtain the agreement of other
countries and of international financial institutions
and multilateral organizations to provide to a transi-
tion 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
programs.
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(f) COMMUNICATION WITH THE CUBAN PEOPLE.—
The President shall take the necessary steps to commu-
nicate to the Cuban people the plan for assistance devel-
oped under this section.
(g) 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.
(h) TRADE AND INVESTMENT RELATIONS.—
(1) REPORT TO CONGRESS.—The President, fol-
lowing the transmittal to the Congress of a deter-
mination under section 203(c)(3) that a democrat-
ically elected government in Cuba is in power, shall
submit to the appropriate congressional committees
a report that describes—
(A) acts, policies, and practices that con-
stitute significant barriers to, or distortions of,
United States trade in goods or services or for-
eign direct investment with respect to Cuba;
(B) policy objectives of the United States
regarding trade relations with a democratically
elected government in Cuba, and the reasons
therefor, including possible—
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(i) reciprocal extension of nondiscrim-
inatory trade treatment (most-favored-
nation treatment);
(ii) designation of Cuba as a bene-
ficiary developing country under title V of
the Trade Act of 1974 (relating to the
Generalized System of Preferences) or as a
beneficiary country under the Caribbean
Basin Economic Recovery Act, and the im-
plications of such designation with respect
to trade with any other country that is
such a beneficiary developing country or
beneficiary country or is a party to the
North American Free Trade Agreement;
and
(iii) negotiations regarding free trade,
including the accession of Cuba to the
North American Free Trade Agreement;
(C) specific trade negotiating objectives of
the United States with respect to Cuba, includ-
ing the objectives described in section 108(b)(5)
of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3317(b)(5));
and
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(D) actions proposed or anticipated to be
undertaken, and any proposed legislation nec-
essary or appropriate, to achieve any of such
policy and negotiating objectives.
(2) CONSULTATIONS.—The President shall con-
sult with the appropriate congressional committees
and shall seek advice from the appropriate advisory
committees established under section 135 of the
Trade Act of 1974 regarding the policy and nego-
tiating objectives and the legislative proposals de-
scribed in paragraph (1).
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 distribu-
tion 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
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202(b), including resolving any disputes among such
agencies.
(b) UNITED STATES-CUBA COUNCIL.—Upon making
a determination under subsection (c)(3) that a democrat-
ically elected government in Cuba is in power, the Presi-
dent, 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 re-
sponding to change in Cuba, and in promoting mar-
ket-based development in Cuba; and
(2) to establish periodic meetings between rep-
resentatives of the United States and Cuban private
sectors for the purpose of facilitating bilateral trade.
(c) IMPLEMENTATION OF PLAN; REPORTS TO CON-
GRESS.—
(1) IMPLEMENTATION WITH RESPECT TO TRAN-
SITION GOVERNMENT.—Upon making a determina-
tion that a transition government in Cuba is in
power, the President shall transmit that determina-
tion to the appropriate congressional committees and
shall, subject to an authorization of appropriations
and subject to the availability of appropriations,
commence the delivery and distribution of assistance
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to such transition government under the plan devel-
oped under section 202(b).
(2) REPORTS TO CONGRESS.—(A) The Presi-
dent shall transmit to the appropriate congressional
committees a report setting forth the strategy for
providing assistance described in section 202(b)(2)
(A) and (C) to the transition government in Cuba
under the plan of assistance developed under section
202(b), the types of such assistance, and the extent
to which such assistance has been distributed in ac-
cordance with the plan.
(B) The President shall transmit the report not
later than 90 days after making the determination
referred to in paragraph (1), except that the Presi-
dent shall transmit the report in preliminary form
not later than 15 days after making that determina-
tion.
(3) 
IMPLEMENTATION
WITH
RESPECT
TO
DEMOCRATICALLY
ELECTED
GOVERNMENT.—The
President shall, upon determining that a democrat-
ically elected government in Cuba is in power, sub-
mit that determination to the appropriate congres-
sional committees and shall, subject to an authoriza-
tion of appropriations and subject to the availability
of appropriations, commence the delivery and dis-
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tribution of assistance to such democratically elected
government under the plan developed under section
202(b).
(4) ANNUAL
REPORTS
TO
CONGRESS.—Not
later than 60 days after the end of each fiscal year,
the President shall transmit to the appropriate con-
gressional committees a report on the assistance
provided under the plan developed under section
202(b), including a description of each type of as-
sistance, the amounts expended for such assistance,
and a description of the assistance to be provided
under the plan in the current fiscal year.
(d) REPROGRAMMING.—Any changes in the assist-
ance to be provided under the plan developed under sec-
tion 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
Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
SEC. 204. 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
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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
submitting a determination to the appropriate congres-
sional committees under section 203(c)(3) that a demo-
cratically elected government in Cuba is in power, the
President shall take steps to terminate the economic em-
bargo of Cuba.
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President under subsection (a) shall cease to be ef-
fective upon the enactment of a joint resolution de-
scribed in paragraph (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
matter after the resolving clause of which is as fol-
lows: ‘‘That the Congress disapproves the action of
the President under section 204(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
Relations and joint resolutions introduced in the
Senate shall be referred to the Committee on For-
eign Relations.
(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.
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(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 com-
mittee shall be treated as highly privileged in the
House of Representatives.
(C) Not more than 1 joint resolution may be
considered in the House of Representatives and the
Senate in the 6-month period beginning on the date
on which the President notifies the Congress under
paragraph (1) of the action taken under subsection
(a), and in each 6-month period thereafter.
SEC. 205. 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 po-
litical activity and association;
(3) has released all political prisoners and al-
lowed for investigations of Cuban prisons by appro-
priate international human rights organizations;
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(4) has ceased any interference with Radio or
Television Marti broadcasts;
(5) makes public commitments to and is mak-
ing 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 De-
fense of the Revolution and the Rapid Response
Brigades;
(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
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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 Unit-
ed States citizens) property taken by the Cuban
Government from such citizens and entities on
or after January 1, 1959, or to provide equi-
table 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 Organiza-
tion, and allowing the establishment of inde-
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pendent social, economic, and political associa-
tions;
(6) does not include Fidel Castro or Raul Cas-
tro;
(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. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECT-
ED GOVERNMENT.
For purposes of this Act, a democratically elected
government in Cuba, in addition to continuing to comply
with the requirements of section 205, is a government in
Cuba which—
(1) results from free and fair elections con-
ducted under the supervision of internationally rec-
ognized observers;
(2) has permitted opposition parties ample time
to organize and campaign for such elections, and has
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permitted full access to the media to all candidates
in the elections;
(3) is showing respect for the basic civil lib-
erties and human rights of the citizens of Cuba;
(4) has made demonstrable progress in estab-
lishing 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 return-
ing to United States citizens (and entities which are
50 percent or more beneficially owned by United
States citizens) property taken by the Cuban Gov-
ernment from such citizens and entities on or after
January 1, 1959, or providing full compensation for
such property in accordance with international law
standards and practice.
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TITLE 
III—PROTECTION 
OF
PROPERTY 
RIGHTS 
OF
UNITED 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 prop-
erty by governments, and the acquiescence of gov-
ernments in the confiscation of property by their
citizens, undermines 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 mecha-
nism for prompt, adequate, and fair compensation
for the confiscation of private property will continue
to have the support of the United States.
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(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
international law.
(8) International law, by not providing effective
remedies, condones the illegal confiscation of prop-
erty and allows for the unjust enrichment from the
use of confiscated property by governments and pri-
vate entities 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 en-
tities that confiscate and unjustly use private prop-
erty so confiscated should be a priority objective of
United States foreign policy.
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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,
including 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 inter-
est;
(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 inter-
est, whichever is greater; and
(ii) reasonable costs and attorneys’ fees.
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(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
NO-
TICE.—Except as provided in paragraph (4), any
person, including any agency or instrumentality of a
foreign state in the conduct of a commercial activity,
that traffics in confiscated property after having re-
ceived—
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(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
paragraph (1)(A)(ii) plus triple the amount deter-
mined applicable under subclause (I), (II), or (III)
of paragraph (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 enact-
ment 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 sec-
tion unless 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 Unit-
ed States national who acquired ownership of a
claim to confiscated property by assignment for
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termination 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, Unit-
ed States Code, is amended by inserting after sec-
tion 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
sections for chapter 85 of title 28, United States
Code, is amended by inserting after the item relating
to section 1331 the following:
‘‘1331a. Civil actions involving confiscated property.’’.
(d) CERTAIN PROPERTY IMMUNE FROM EXECU-
TION.—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
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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 re-
ceive payment on the claim under any agree-
ment entered into between the United States
and Cuba settling claims covered by such title,
and such national shall be deemed to have dis-
charged the United States from any further re-
sponsibility to represent the United States na-
tional 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 subpara-
graph (A) but only to the extent of the dif-
ference 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
described in subparagraph (A) to the same ex-
tent as any certified claimant who does not
bring an action under this section.
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(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
application 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 transmit-
tal to the Congress of a determination of the Presi-
dent under section 203(c)(3).
(2) PENDING SUITS.—The termination of rights
under paragraph (1) shall not affect suits com-
menced 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.—
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(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—
In any action brought under this title, the courts
shall accept as conclusive proof of ownership a cer-
tification of a claim to ownership that has been
made by the Foreign Claims Settlement Commission
pursuant to title V of the International Claims Set-
tlement 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,
including the Foreign Claims Settlement Commis-
sion, to make determinations regarding the amount
and validity of claims to ownership of confiscated
property. Such determinations are only for evi-
dentiary 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 admin-
istrative agencies or courts of foreign countries or
international organizations that invalidate the claim
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held by a United States national, unless the invali-
dation was found pursuant to binding international
arbitration to which United States national submit-
ted 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 fol-
lowing) 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) result-
ing from the confiscation of property by the Government
of Cuba described in section 503(a), whether or not the
United States national qualified as a national of the
United States (as defined in section 502(1)) at the time
of the action by the Government of Cuba.’’.
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(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 citi-
zens after their property was confiscated to be in-
cluded 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 dip-
lomatic relations are restored; or
(2) as superseding, amending, or otherwise al-
tering certifications that have been made pursuant
to title V of the International Claims Settlement Act
of 1949 before the enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act
of 1949 (22 U.S.C. 1643 and following), as amended by
section 303, is further amended by adding at the end the
following new section:
‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE
‘‘SEC. 515. (a) Subject to subsection (b), neither any
national of the United States who was eligible to file a
claim under section 503 but did not timely file such claim
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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 na-
tional of Cuba, including any agency, instrumentality, sub-
division, or enterprise of the Government of Cuba or any
local government of Cuba in place on the date of the enact-
ment of this section, nor any successor thereto, whether
or not recognized by the United States, shall have a claim
to, participate in, or otherwise have an interest in, the
compensation proceeds or other nonmonetary compensa-
tion 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 own-
ing claims certified by the Commission under section
507.’’.
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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 na-
tional;
(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 per-
son excludable under paragraph (1), (2), or (3).
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(b) DEFINITIONS.—As used in this section, the fol-
lowing 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 govern-
mental authority of, the default by foreign gov-
ernmental authority on, or the failure by for-
eign governmental 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;
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(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or other-
wise taken by foreign governmental author-
ity; 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 dis-
puted territory has not been resolved.
(3) TRAFFICS.—(A) A person or entity ‘‘traf-
fics’’ 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
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(iii) causes, directs, participates in, or
profits from, trafficking (as described in clauses
(i) and (ii)) by another person, or otherwise en-
gages in trafficking (as described in clauses (i)
and (ii)) through another person,
without the authorization of the United States na-
tional who holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international tele-
communication signals to Cuba that are author-
ized by section 1705(e) of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Sec-
retary of the Treasury to be a specially des-
ignated national.
(c) NATIONAL INTEREST EXEMPTION.—This section
shall not apply where the Secretary of State finds, on a
case-by-case basis, that making a determination under
subsection (a) would be contrary to the national interest
of the United States.
(d) EFFECTIVE DATE.—