I
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AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 927
Y 4. IN 8/16: C 89/9
An ftnendnent in the Nature of a Sub... ..^
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BEFORE THE
SUBCOMMITTEE ON THE WESTERN HEMISPHERE
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION ON
H.R. 927
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995
MARCH 22, 1995
Printed for the use of the Committee on International Relations
SePf.
U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1995
For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office. Washington. DC 20402 ISBN 0-16-047342-X
AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 927
y 4. IN 8/16: C B?/9
fln ftnendnent in the Nature of a Sub... ..p.
BEFORE THE
SUBCOMMITTEE ON THE WESTERN HEMISPHERE
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OP REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION ON
H.R. 927
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995
MARCH 22, 1995
Printed for the use of the Committee on International Relations
U.S. GOVERNMENT PRINTING OFFICE WASIflNGTON : 1995
For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office. Washington, DC 20402 ISBN 0-16-047342-X
COMMITTEE ON INTERNATIONAL RELATIONS BENJAMIN A. OILMAN, New York, Chairman
WILLIAM F. GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
TOBY ROTH, Wisconsin
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey
DAN BURTON, Indiana
JAN MEYERS, Kansas
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California
SAM BROWNBACK, Kansas
DAVID FUNDERBURK, North Carolina
STEVEN J. CHABOT, Ohio
MARSHALL "MARK" SANFORD, South
Carolina MATT SALMON, Arizona AMO HOUGHTON. New York
LEE H. HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS. California
ROBERT G. TORRICELLI, New Jersey
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
HARRY JOHNSTON, Florida
ELIOT L. ENGEL, New York
ENI F.H. FALEOMAVAEGA, American
Samoa MATTHEW G. MARTINEZ, California DONALD M. PAYNE, New Jersey ROBERT E. ANDREWS, New Jersey ROBERT MENENDEZ, New Jersey SHERROD BROWN, Ohio CYNTHIA A. McKINNEY, Georgia ALCEE L. HASTINGS, Florida ALBERT RUSSELL WYNN, Maryland MICHAEL R. McNULTY, New York JAMES P. MORAN, Virginia VICTOR O. FRAZER, Virgin Islands (Ind.)
Richard J. Garon, Chief of Staff Michael H. Van Dusen, Democratic Chief of Staff
Subcommittee on the Western Hemisphere
DAN BURTON, Indiana, Chairman
ROBERT G. TORRICELLI, New Jersey ROBERT MENENDEZ, New Jersey ALBERT RUSSELL WYNT^, Maryland TOM LANTOS, California MATTHEW G. MARTINEZ, California
ILEANA ROS-LEHTINEN, Florida CASS BALLENGER, North Carolina CHRISTOPHER H. SMITH. New Jersey ELTON GALLEGLY, California PETER T. KING. New York (Vacancy)
GILEAD Kapen, Subcommittee Staff Director
Scott Wilson, Democratic Professional Staff Member
SCOTT Feeney, Professional Staff Member
Anita Winsor, Staff Associate
(II)
CONTENTS
Page
Markup (no witnesses) 1
APPENDIX
Amendments:
An amendment in the nature of a substitute to H.R. 927 oflered by
Hon. Dan Burton 11
An amendment to H.R. 927 ofTered by Hon. Robert Torricelli 62
An amendment to H.R. 927 ofTered by Hon. Robert Menendez 63
(III)
AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 927
WED>JESDAY, MARCH 22, 1995
House of Representatives, Committee on International Relations, Subcommittee on the Western Hemisphere,
Washington, DC.
The subcommittee met, pursuant to call, at 2:11 p.m., in room 2172, Rayburn House Office Building, Hon. Dan Burton (chairman of the subcommittee) presiding.
Mr. Burton. The subcommittee will come to order.
The subcommittee meets in open session to consider H.R. 927, the "Cuban Liberty and Democratic Solidarity Act." This bill was introduced on February 14, 1995, and was referred to the Sub- committee on the Western Hemisphere. The chair has prepared an amendment in the nature of a substitute that has been shared with the members of the subcommittee. We will move that amendment as we begin debate on the bill.
Before we begin the formal process of considering this bill, I have a few comments. I will then recognize other members of the sub- committee for general comments.
I would like to welcome everybody to our markup on the Cuban Liberty and Democratic Solidarity Act of 1995. We believe that this legislation will contribute significantly to the advancement of de- mocracy and freedom in Cuba. This bill was introduced last month, along with its companion bill in the Senate which was introduced by Senator Helms. It has wide bipartisan support and the adminis- tration has indicated that it is genuinely supportive.
We will continue to discuss with the administration those issues upon which there may be some disagreement. We look forward to the administration's full and formal support.
Today, we will be marking up an amendment in which there will be a substitute which incorporates minor technical changes to the original. The thrust of the legislation remains the same. It is three major parts.
Title I aims mainly at the enforcement and strengthening of sanctions against the brutal Castro regime. It also strengthens TV Marti. Title II involves support for a real democratic transition in Cuba. And Title III imposes penalties on foreigners who traffic con- fiscated U.S. property; and creates a right of action in U.S. courts for U.S. citizens who have had their property confiscated.
We hope that this legislation will move expediently through the full committee and House floor action, as well as passage by the Senate. It is our intention to keep the heat on Fidel Castro, to keep
(1)
our faith with the people of Cuba, and to keep our commitment to promote democracy in this hemisphere. The number one objective of this committee is and will continue to be to have a free and democratic Cuba established without a dictatorship.
And with that, I will be happy to yield to my good friend, Mr. Menendez, for his opening remarks.
Mr. Menendez. Mr. Chairman, I want to commend you for bring- ing this legislation so quickly to consideration. We share with you the belief tnat our mutual goal, which is creating a free and inde- pendent Cuba, and an opportunity for the Cuban people to so have and enjoy that possibility is further moved by this legislation.
I am happy to see that you have included in your bill that part of Title II, which is that part of the bill that we nave been working on for the last 2 years, and creating a transition in Cuba and as- sisting the people of Cuba in sending a beacon of light to the people of Cuba in terms of assistance to them as they move to a transition to a democratic government, and ultimately to a democratically elected government.
And in order not to delay the process any further, we look for- ward to voting with you on this piece of legislation.
Mr. Burton. Thank you. I will now recognize the gentlelady from Florida.
Ms. Ros-Lehtinen. Well, thank you, Mr. Chairman. Just a quick note also to congratulate you for your great leadership in moving this bill through the process. We hope to get it before the full com- mittee shortly, and then, of course, to the floor before the summer. And the Senate, of course, is going to be moving on this bill in May, as you pointed out to us in our last hearing.
I continue to be concerned about the number of U.S. businesses that are involved in trips to Cuba to buildup supposedly good rela- tions post-Castro. Yet they seem to be quite involved in building up those relationships now, and I know that our committee is taking a hard look at those companies and how the negotiations that are taking place between those businesses and the Castro regime, and we hope that the administration will work with us in making sure that we are not making an end-run there on the embargo.
Also, I would like to encourage the administration to work with us so that we can move this bill along. We know that they have certain reservations, but we notice that there is still no amend- ments in front of us today. That once again we say we are willing to cooperate, and we hope that that process moves along.
But if not, we will, I am sure, continue our efforts to get this bill on the floor, and because this sends a very optimistic, hopeful mes- sage to the enslaved people of Cuba that our committee and the members of the U.S. Congress care very deeply about the repres- sion and the oppression that they have to live with day in and day out; and that we will do our part to making sure that that dictator is replaced with a free and democratic government. We hope that that day will come very soon. And I thank you for your leadership, Mr. Chairman, in speeding that day along.
Mr. Burton. Thank you, Ms. Ros-Lehtinen.
I would just say that we have talked with the administration. So far they have not pointed out any real problems they have with the bill. They have reserved judgment on a few sections of it, but I do
not anticipate any real problem. If we have any administration peo- ple here today, I hope they will convey our thanks to the adminis- tration for being cooperative.
Mr. Wynn.
Mr. Wynn. Thank you, Mr. Chairman. But in the interest of time I will not make an opening statement at this time.
I would like to reserve the right to enter a statement in the record at a later time.
Mr. Burton. Without objection.
Mr. Wynn. Thank you, Mr. Chairman.
Mr. Burton. Do we have anyone else?
Mr. King. Thank you, Mr. Chairman.
I want to at the outset commend the chairman of the subcommit- tee for the leadership he has shown. And also I would like to ex- press a particular thanks to Congresswoman Ros-Lehtinen and Congressman Menendez who have an acute awareness and sen- sitivity to the tremendous hardships and sufferings endured by the people of Cuba.
I am proud to be a cosponsor of this bill, and I look forward to its passage because I think it is absolutely imperative, not just in America's national interest, but for international morality and de- cency, that we have a free and democratic Cuba and that Castro no longer be allowed to impose his iron will on the suffering people of Cuba.
Thank you, Mr. Chairman.
Mr. Burton. Thank you. Representative King.
Representative Ballenger, you have an opening statement?
Mr. Ballenger. I do not.
Mr. Burton. All right. I will now ask the subcommittee Staff Di- rector to report H.R. 927.
Mr. Kapen. H.R. 927, Cuban Liberty and Democratic Solidarity Act
Section 1, Short Title: Table of Contents.
(a) Short Title — This Act may be cited as the "Cuban Liberty and Democratic Solidarity Act of 1995."
(b) Table of Contents — The table of contents
Ms. Ros-Lehtinen. Mr. Chairman, I would like to move that the bill be considered as read.
Mr. Burton. Without objection, the bill is considered as read.
Before I get into the actual marking up of the bill, let me just make two brief comments.
First of all, I want to thank the committee staff for all their hard work in putting this together, and it has taken a lot of time, and I think there has been some heartache involved as well.
But I also want to thank those organizations outside the hal- lowed halls of Congress who have worked so hard to help bring about this legislation, to get it passed, and to send a very, very strong signal to Fidel Castro that his days are numbered. And two of those organizations I would like to mention are the Cuban Amer- ican Foundation. They have worked very, very hard to assist us. The Vallederas Foundation has also worked with us to try to craft this legislation. There have been other Cuban organizations who have worked with us. And to all of them I want to say thank you very, very much for your hard work and continued effort to make
sure that one day we can all visit Havana without experiencing the problems that dictatorships cause, and that the people of Cuba will be free, tinily free.
The Chair will lay before the subcommittee an amendment in the nature of a substitute, which the Staff Director will report.
Mr. Kai'EN. The amendment offered by Mr. Burton. Strike all after the enacting clause and insert in lieu thereof the following:
Mr. Burton. Without objection the amendment will be consid- ered as read.
[The amendment of Mr. Burton appears in the appendix.]
Mr. Burton. The amendment in the nature of a substitute is now open to amendment at any point.
Are there any amendments to the substitute?
Mr. TORRICELLI. Mr. Chairman.
Mr. Burton. Mr. Torricelli.
Mr. Torricelli. I have an amendment on page 42.
Do you have it? I do not know if the members have it.
Mr. Burton. Do any of the other members have a copy of the amendment? Would you hand it down to them, please.
Mr. Burton. Let me have the Staff Director report the amend- ment.
Mr. Kapen. Amendment to the amendment in the nature of a substitute to H.R. 927 offered by Mr. Torricelli.
Page 42, (1)(3) insert the following: (I) Allowing the establish- ment of an independent trade union as set forth in section 8798, National Labor Organization, allowing the establishment of inde- pendent social, economic and political associations.
[The amendment of Mr. Torricelli appears in the appendix.]
Mr. Burton. The gentleman is recognized for 5 minutes in sup- port of his amendment.
Mr. Torricelli. Thank you, Mr. Chairman.
Mr. Chairman, on page 42 in section I, the legislation calls for allowing the establishment of independent labor movement in Cuba. I have simply adjusted the language to take the same provi- sion of the United States as used previously in our confrontations with dictators, and calling for a free labor movement by taking the language that has been used in international conventions.
And this way those who would distinguish between the Cuban embargo and what we experienced in South Africa, Rhodesia, or a host of other embargoes, would lose the opportunity to see a dis- tinction. This is the same language, with the same purpose, against the same kind of despotic regime.
I think rhetorically it puts us on a stronger foundation and clear- ly has us in concert with international labor standards.
Mr. Burton. Is there further discussion on the amendment?
My staff and I have read the amendment. We think the amend- ment has a great deal of merit and will add to the bill. I would like to once again thank Representative Torricelli for all of his hard work on this legislation and previous legislation.
Further discussion on the amendment?
If not, the Chair will put the question on the amendment. As many as favor the amendment, say aye.
[Chorus of ayes.]
Mr. Burton. Those opposed?
[No response.]
Mr. Burton. The amendment is carried.
Are there further amendments?
Representative
Mr. Menendez. Mr. Chairman, I have an amendment which I believe has been distributed.
Mr. Burton. Do we have copies of Mr. Menendez' amendment?
The Staff Director will report the amendment.
Mr. Kapen. The amendment to the amendment in the nature of a substitute offered by Mr. Menendez.
Add the following at the end of section 102(e), violations under
Mr. Menendez. Mr. Chairman, I would move that the amend- ment be considered as read.
Mr. Burton. Without objection.
[The amendment of Mr. Menendez appears in the appendix.]
Mr. Burton. The gentleman is recognized for 5 minutes.
Mr. Menendez. Mr. Chairman, the amendment that I am offer- ing removes a loophole available to groups and individuals who bla- tantly violate U.S. law. The loophole has the effect of nullifying the civil penalties available against violators under the Cuban Democ- racy Act. A similar provision does not exist for any of our other em- bargoes currently in place in North Korea, Libya, Iraq, Serbia and Angola, and we simply seek to make the Cuban embargo consistent with all of the others.
With this amendment, we continue to allow the wide range of ac- tivities permitted under the Cuban Democracy Act as Congressman Torricelli wrote, but with this difference. Henceforth, we will be able to ensure that those who genuinelv seek to provide material and other assistance to the Cuban people will be enabled to do so. But those who seek to aid Fidel Castro, in flagrant violation of U.S. law, will not be able to do so.
I believe that the amendment will also save us a significant amount of money in the process as OFAC, the Office of Foreign Asset Control has told us, in terms of their difficulties in pursuing this part of the law, and I think that the combination of making sure that we remove a loophole that exists, that we strengthen the possibilities to make sure that people get the help they need, but at the same time those who are not really helping the Cuban peo- ple can be pursued by OFAC and saving money at the same time.
It is a worthy amendment and I ask my colleagues to be support- ive of it.
Mr. Burton. The Chair and the staff has reviewed the amend- ment and find that it is very meritorious and will add to the legis- lation. We support it.
Is there further discussion on the amendment?
If not, the Chair will put the question.
All those in favor will demonstrate by saying aye.
[Chorus of ayes.]
Mr. Burton. Those opposed?
[No response.]
Mr. Burton. The amendment passes.
Are there further amendments?
Mr. Wynn. Mr. Chairman.
Mr. Burton. Mr. Wynn.
Mr. Wynn. Thank you, Mr. Chairman.
I do not have an amendment but I do have a question if I might be permitted to inquire as to whether any representatives from the administration is present?
Mr. Burton. Are there any members of the administration present?
I do not see any, Mr. Wynn.
Mr. Wynn. OK Well, thank you, Mr. Chairman.
I would like to note that I had a question regarding two terms that are used in the bill. One is a transition government in Cuba, and the other is a democratically elected government in Cuba, and there seem to be some differences in both those definitions.
And should this bill, and I assume it will, get before the full com- mittee, I would like to pursue that issue.
But I have no further comment or question at this time. Thank you.
Mr. Burton. The transition government is one that we are going to work with during the transition period between the dictatorship that Castro now forces upon the people of Cuba and the democracy which we hope to see achieved.
The democratic government, which we will be assisting, will be the one that is formed after the Cubans through this process and have a constitution and free elections.
Mr. Wynn. That certainly makes sense to me. My question that I would direct to the administration would be whether the defini- tions or explanations that are contained in the body are consistent with U.S. policy with regard to how those terms are defined. But I do not see that there is a problem for today's markup.
Mr. Burton. I would just say that we had a hearing last week, and I think you attended.
Mr. Wynn. I was present.
Mr. Burton. We asked the administration to give us any ques- tions or concerns that they had about the legislation. Our staff met with them over the last 2 to 3 days and we have found no problems with this language.
Mr. Wynn. Well, that being the case, I am sure there will not be any problems when we get to full committee. Thank you.
Mr. Burton. Thank you.
Are there further amendments?
The Chair hearing none will proceed on with the bill as amend- ed.
Mr. TORRICELLI. Mr. Chairman, is it your intention to proceed immediately to vote?
Mr. Burton. It is unless there are further amendments.
Mr. TORRICELLI. May I be recognized for a moment?
Mr. Bui^TON. I would be happy to recognize the gentleman from New Jersey.
Mr. TORRICELLI. Mr. Chairman, first, you deserve the thanks and congratulations for bringing this legislation forward on such an ex- pedited basis.
Second, I simply want to add that I trust all those who follow events in Cuba will note that this committee is not simply moving
to strengthen the embargo, but we have done in the opening days of this Congress on a bipartisan basis, with no internal opposition.
For those who continue to beheve that there is division in the U.S. Government over poHcy to Cuba, there is remarkably little di- vision. There are those who think that the embargo has reached its strength and we are beginning to lessen our determination, nothing could be further from the truth.
This legislation adds upon the actions of this committee 2 years ago in strengthening the U.S. embargo. It is the clearest signal I know that we have no intention of changing our policy or com- promising our principle. There is going to be a free election in Cuba. The people of Cuba are going to change their government. They are going to have an opportunity to choose their own leaders. And until they do, this country will remain resolute with our em- bargo.
I am also convinced, Mr. Chairman, based on the hearing that you chaired last week, that not only will this House and the Senate pass this legislation, but indeed I was impressed by the favorable testimony from the Clinton administration.
The administration has offered to work with us in what I hope will prove to be very minor modifications that will allow the Presi- dent to sign this legislation.
So to the international business community that would invest in Cuba in stolen American assets, they should begin to accept the re- ality that this legislation is going to become the law, and they are going to have to choose between those stolen assets and access to the United States.
People who import Cuban sugar will have to deal with the reality of continuing to have market access to the United States. And those within Cuba who are deciding whether or not to take a stand against the dictatorship should also start to recognize the larger principle that things are not getting better with the United States; they are getting worse. And that means the need to take a stand is all the greater.
In any case, Mr. Chairman, I trust that people will see not sim- ply that we have passed this legislation, but the means, the speed and the unity with which we do so is a very powerful signal.
I thank you.
Mr. Burton. Thank you, Mr. Torricelli.
Mr. Wynn. Mr. Chairman.
Mr. Burton. Mr. Wynn.
Mr. Wynn. Mr. Chairman, I would like to commend you on your strong and decisive efforts on this issue, and I think there is a con- sensus, as was indicated, against the Castro regime and the condi- tions that they have imposed on the people of Cuba.
At the same time there is a sentiment, I think, in this country that questions of access by family members to visit their family members who reside in Cuba remains a question of some concern. Also, the ability of family members who want to provide financial assistance to relatives residing in Cuba continues to be an issue.
Having said that, I would only indicate that perhaps at the full committee level we could explore the extent to which this legisla- tion might accommodate those concerns.
8
Other than that, Mr. Chairman, again I just reiterate my appre- ciation for your efforts.
Mr. Burton. Thank you, Mr. Wynn.
Further comments?
If not, let me end by saying the embargo allows medical supplies and food stuffs to get into Cuba. We understand that there are some hardships that have been caused by the embargo. That was intended in order to put pressure on the Castro government to leave power and to allow free and democratic elections.
As we are pressuring the Cuban Government, Fidel Castro, and his brother Raul, we want to make sure there was no lack of hu- manitarian aid to the Cuban people who really need it. The Cuban Democracy Act, sponsored by my colleague, Mr. Torricelli, dealt with that, so I do not think this issue is a big problem.
One other thing I would like to comment on before we put the bill to a vote, is that I was very impressed, like Mr. Torricelli, last week, when the administration showed support for much of what we are trying to do. The only disturbing thing that I have seen has been reports in the newspapers that some people in the administra- tion over the past few months have talked about lifting various parts of the embargo. I do not think that is productive, especially when the administration, the State Department and the Congress seems to agree that we want to put more pressure on Castro until we get free and democratic Cuban elections.
I think my colleagues, both Democrats and Republicans, would agree that anyone who is a loose cannon in the administration should listen to what the President has said, and has written to us. He supports the embargo. Dissenters should also listen to what the State Department has been saying when they testify before this committee and the full International Relations Committee.
I want to commend the entire committee for their hard work on this piece of legislation. We will be sending it to the full committee. We will be contacting Mr. Oilman, Chairman of the International Relations Committee, to expedite this legislation as quickly as pos- sible, and get it to the floor for a vote.
If there are no further amendments, the Chair will put the ques- tion on the amendment in the nature of a substitute.
As many are in favor will say aye.
[Chorus of ayes.]
Mr. Burton. Those opposed will say no.
[No response.]
Mr. Burton. The ayes have it, and the amendment is agreed to.
The Chair will now recognize
Mr. Wynn. Mr. Chairman, request a vote on that.
Mr. Burton. You would like to have a recorded vote?
Mr. Wynn. Yes, please.
Mr. Burton. The gentleman has requested a recorded vote.
The staff will call the role.
Mr. Kapen. Mr. Burton.
Mr. Burton. Aye.
Mr. Kapen. Ms. Ros-Lehtinen.
Ms. Ros-Lehtinen. Aye.
Mr. Kapen. Mr. Ballenger.
Mr. Ballenger. Aye.
9
Mr. Kapen. Mr. Smith.
[No response.]
Mr. Burton. Mr. Gallegly.
[No response.]
Mr. Kapen. Mr. King.
Mr. King. Aye.
Mr. Kapen. Mr. Torricelli.
Mr. Torricelli. Aye.
Mr. Kapen. Mr. Menendez.
Mr. Menendez. Aye.
Mr. Kapen. Mr. Wynn.
Mr. Wynn. Present.
Mr. Kapen. Mr. Lantos.
[No response.]
Mr. Burton. The staff will report the totals on the vote?
Mr. Kapen. Mr. Martinez.
[No response.]
Mr. Kapen. Six voting aye, one voting present, none voting nay.
Mr. Burton. The amendment is agreed to, and now the Chair will recognize Ms. Ros-Lehtinen to offer a motion.
Ms. Ros-Lehtinen. Thank you, Mr. Chairman.
I move that the subcommittee report H.R. 927, as amended, to the Committee on International Relations with the recommenda- tion that the bill as amended be favorably reported to the Full House.
Mr. Burton. The question is on the motion. On this motion I ask that we have a roll call vote.
All those in favor will signify by saying aye, and those opposed will say no. The staff will call the role.
Mr. Kapen. Mr. Burton.
Mr. Burton. Aye.
Mr. Kapen. Ms. Ros-Lehtinen.
Ms. Ros-Lehtinen. Aye.
Mr. Kapen. Mr. Ballenger.
Mr. Ballenger. Aye.
Mr. Kapen. Mr. Smith.
[No response.]
Mr. Burton. Mr. Gallegly.
Mr. Gallegly. Aye.
Mr. Kapen. Mr. King.
Mr. King. Aye.
Mr. Kapen. Mr. Torricelli.
Mr. Torricelli. Aye.
Mr. Kapen. Mr. Menendez,
Mr. Menendez. Aye.
Mr. Kapen. Mr. Wynn.
Mr. Wynn. Present.
Mr. Kapen. Mr. Lantos.
[No response.]
Mr. Kapen. Mr. Martinez.
[No response.]
Mr. Burton. The staff will report the tally.
Mr. Kapen. Seven vote aye, one voting present, none voting no.
10
Mr. Burton. That being the case the bill is passed. We will be reporting this bill to the full committee, and we will be taking ac- tion on it in the very near future.
This meeting stands adjourned.
[Whereupon, at 3:30 p.m, the subcommittee was adjourned.]
APPENDIX
An Amendment in the Nature of a
Substitute to H.R. 927
Offered By Mr. Burton
Strike all after the enacting clause and insert the following:
1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) Short Title. — Tliis Act may be cited as the
3 "Cuban LibertA^ and Democratic Solidarity (LIBERTAD)
4 Act of 1995".
5 (b) Table of Contents.— The table of contents of
6 this Act is as foUows:
Sec. 1 . Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I— SEEKING SANCTIONS AGAINST THE CASTRO GOXTRN-^^IENT
Sec. 101. Statement of policj'.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition apainst indirect fmancing of the Castro dictatorship.
Sec. 104. United States opfX)sition to Cuban membership in international fman- cial institutions.
Sec. 105. United States opposition to ending the susjK-nsion of the Government of Cuba from the Organization of American States.
Sec. 106. Assistance by the independent states of the former So\iet Union of the Government of Cuba.
Sec. 107. Te]e\ision broadcasting to Cuba.
Sec. 108. Reports on assistance and commerce received by Cuba from other for- eign countries.
Sec. 109. Importation sanction against certain Cuban trading partners.
Sec. 110. Authorization of support for democratic and human rights groups and international observers.
TITLE II— ASSISTANCE TO A FREE AND ENT)EPENDENT CUBA
Sec. 20L Policj' toward a transition government and a democratically elected
government in Cuba. Sec. 202. Authorization of assistance for the Cuban people.
(11)
12
Sec. 203. Coordination of assistance program; implementation and reports to
Congress; repro^amming. 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 m— PROTECTION OF AMERICAN PROPERTY RIGHTS ABROAD
Sec. 301. Exclusion from the United States of aliens who haw confiscated
propertj- of United States nationals. Sec. 302. Liability- for traffieking in property- confiscated from United States
nationals. Sec. 303. Claims to confiscated property'. Sec. 304. Amendment of tlie Internal Revenue Code of 1986.
1 SEC. 2. FINDINGS.
2 The Congi-ess makes the foUo\\ing findings:
3 (1) The economy of Cuba has experienced a de-
4 eline of at least 60 percent in the last 5 years as a
5 result of —
6 (A) the end of its subsidization by the
7 former So^^et Union of between 5 billion and 6
8 billion dollars annually;
9 (B) 36 years of Communist tvTanny and
10 economic mismanagement by the Castro govern-
1 1 ment;
12 (C) the extreme decline in trade between
13 Cuba and the countries of the former Soviet
14 bloc; and
15 (D) the policy of the Russian Govermnent
16 and the countries of the former So^^et bloc to
17 conduct economic relations ^^^th Cuba on strict-
1 8 Iv commercial terms.
13
3
1 (2) At the same time, the welfare and health of
2 the Cuban people have substantially deteriorated as
3 a result of tliis economic decline and the refusal of
4 the Castro re^me to permit free and fair democratic
5 elections in Cuba.
6 (3) The Castro regime has made it abundantly
7 clear that it will not engage in any substantive polit-
8 ical reforms that would lead to democracy, a market
9 economy, or an economic recover^'.
10 (4) The repression of the Cuban people, includ-
1 1 ing a ban on free and fan- democratic elections, and
12 continuing ^^olation of fundamental human rights
1 3 has isolated the Cuban regime as the only completely
14 nondemocratic go^'emment in the Western Hemi-
15 sphere.
16 (5) As long as free elections are not held lq
1 7 Cuba, the economic condition of the countrs^ and the
1 8 welfare of the Cuban people will not improve in any
19 significant way.
20 (6) The totalitarian nature of the Castro regime
21 has deprived the Cuban people of any peaceful
22 means to improve their condition and has led thou-
23 sands of Cuban citizens to risk or lose their hves in
24 dangerous attempts to escape from Cuba to freedom.
91-595 0-95-2
14
4
1 (7) Radio Marti and Telemion Marti have both
2 been effective vehicles for pro\iding the people of
3 Cuba with news and information and have helped to
4 bolster the morale of the people of Cuba Irving under
5 tjTanny.
6 (8) The consistent policy of the United States
7 towards Cuba since the be^nning of the Castro re-
8 gime, carried out by both Democratic and Repub-
9 lican administrations, has sought to keep faith with
10 the people of Cuba, and has been effective in sanc-
1 1 tinning the totalitarian Castro regime.
12 (9) The United States has shown a deep com-
13 mitment, and considers it a moral obligation, to pro-
14 mote and protect human rights and fundamental
15 freedoms as expressed in the Charter of the United
16 Nations and in the Universal Declaration of Human
17 Rights.
18 (10) The Congress has historically and consist-
19 ently manifested its solidarity and the soMdaritv^ of
20 the American people with the democratic aspirations
21 of the Cuban people.
22 (11) The Cuban Democracy Act of 1992 calls
23 upon the President to encourage the governments of
24 countries that conduct trade with Cuba to restrict
15
5
1 their trade and credit relations with Cuba in a man-
2 ner consistent with the purposes of that Act.
3 (12) The 1992 FREEDOM Support Act re-
4 quires that the President, in p^o^'iding economic as-
5 sistance to Russia and the emerging Eurasian de-
6 mocracies, take into account the extent to which
7 they are acting to "terminate support for the com-
8 munist regime in Cuba, including removal of troops,
9 closing militan- facilities, and ceasing trade subsidies
10 and economic, nuclear, and other assistance".
11 (13) The Government of Cuba engages in the
12 illegal international narcotics trade and harbors fu-
13 gitives from justice in the United States.
14 (14) The Castro government threatens mter-
15 national peace and security' by engaging in acts of
16 armed subversion and terrorism such as the trainmg
17 and supphTug of groups dedicated to international
18 \iolence.
19 (15) The Castro government has utilized from
20 its inception and continues to utilize torture in var-
21 ious forms (including by psychiatn*^), as well as exe-
22 cution, exile, confiscation, political unprisonment,
23 and other forms of terror and repression, as means
24 of retaining power.
16
6
1 (16) Fidel Castro has defined democratic plu-
2 ralism as "pluralistic garbage" and continues to
3 make clear that he has no intention of tolerating the
4 democratization of Cuban society.
5 (17) The Castro government holds innocent Cu-
6 bans hostage in Cuba by no fault of the hostages
7 themselves solely because relatives have escaped the
8 countr\^
9 (18) Although a signator\^ state to the 1928
10 Inter- American Convention on Asylum and the
1 1 International Covenant on Civil and Political Rights
12 (which protects the right to leave one's own coun-
13 try), Cuba nevertheless surrounds embassies in its
14 capital by armed forces to thwart the right of its
15 .citizens to seek asylum and systematically denies
16 that right to the Cuban people, punishing them by
17 imprisonment for seeking to leave the countrv' and
18 killing them for attempting to do so (as dem-
19 onstrated in the case of the confirmed murder of
20 over 40 men, women, and children who were seeking
21 to leave Cuba on July 13, 1994).
22 (19) The Castro government continues to utDize
23 blackmail, such as the immigration crisis with which
24 it threatened the United States in the summer of
25 1994, and other unacceptable and illegal forms of
17
7
1 conduct to influence the ax^tions of sovereign states
2 in the Western Hemisphere in \iolation of the Char-
3 ter of the Organization of American States and
4 other international agreements and mtemational
5 law.
6 (20) The United Nations Commission on
7 Hmnan Rights has repeatedly reported on the unac-
8 ceptable hmnan rights situation in Cuba and has
9 taken the extraordinaiy step of appointing a Special
10 Rapporteur.
11 (21) The Government of Cuba has consistently
12 refused access to the Special Rapporteur and for-
13 mally expressed its decision not to "implement so
14 much as one comma" of the United Nations Reso-
1 5 lutions appointing the Rapporteur.
16 (22) The United Nations General Assembly
17 passed Resolution 1992/70 on December 4, 1992,
18 Resolution 1993/48/142 on December 20, 1993, and
19 Resolution 1994/49/544 on October 19, 1994, ref-
20 erencing the Special Rapporteur's reports to the
21 United Nations and condemning 'Siolations of
22 human rights and fundamental freedoms" in Cuba.
23 (23) Article 39 of Chapter VU of the United
24 Nations Charter pro\ides that the United Nations
25 Security Council "shall determine the existence of
18
1 any tlireat to the peace, breach of the peace, or act
2 of agression and shall make recommendations, or
3 decide what measures shall be taken . . . , to main-
4 tain or restore international peace and securit}^".
5 (24) The United Nations has determined that
6 massive and s^-stematic \iolations of hmnan rights
7 may constitute a "tlireat to peace" under Ailicle 39
8 and has imposed sanctions due to such \iolations of
9 human rights in the cases of Rhodesia, South Africa,
10 Iraq, and the former Yugosla\ia.
11 (25) In the ease of Haiti, a neighbor of Cuba
12 not as close to the United States as Cuba, the
13 United States led an effort to obtain and did obtain
14 a United Nations Security Council embargo and
15 blockade against that countn- due to the existence of
16 a militaj^' dictatorship in power less than 3 years.
17 (26) United Nations Security' Council Resolu-
18 tion 940 of July 31, 1994, subsequently authorized
19 the use of "all necessarv" means" to restore the
20 "democratically elected government of Haiti", and
21 the democratically elected govermnent of Haiti was
22 restored to power on October 15, 1994.
23 (27) The Cuban people desen-e to be assisted in
24 a decisi\'e manner to end the tvTaimy that has op-
25 pressed them for 36 years and the continued failure
19
9
1 to do so constitutes etliically improper conduct by
2 the international community'.
3 (28) For the past 36 years, the Cuban govem-
4 ment has posed and continues to pose a national se-
5 curitv' thi-eat ag:ainst the United States.
6 SEC. 3. PURPOSES.
7 The purposes of this Act are as follows:
8 (1) To assist the Cuban people in regaining;
9 their freedom and prosperity-, as well as in joining
10 the communities of democracies that ai'e flourisliing
1 1 in the Western Hemisphere.
12 (2) To seek international sanctions against the
13 Castro government in Cuba.
14 (3) To encourage the holding of free and fair,
15 democratic elections in Cuba, conducted under the
16 supervision of internationally recognized obser\^ers.
17 (4) To develop a plan for furnisliing assistance
18 to a transition government and, subsequently, to a
19 democratically elected government when such gov-
20 ernments meet the ehgibility requirements of this
21 Act.
22 (5) To protect property- rights abroad of United
23 States nationals.
20 10
1 SEC. 4. DEFINITIONS.
2 As used in this Act, the following tenns have the fol-
3 loviing meanings:
4 (1) Appropriate congressional coRCvnT-
5 TEES. — The term "appropriate congressional com-
6 mittees" means the Committee on International Re-
7 lations and the Connnittee on Appropriations of the
8 House of Representatives and the Committee on
9 Foreign Relations and the Connnittee on Appropria-
10 tions of the Senate.
11 (2) CONP^ISCATED. — The term "confiscated" re-
12 fers to the nationalization, expropriation, or other
13 seizure of ownership or control of property' by gov-
14 ermnental authority' —
15 (A) without adequate and effective com-
16 pensation or otherwise in \iolation of the law of
1 7 the place where the propertv' was situated when
1 8 the confiscation occurred; and
19 (B) without the claim to the propertA' hav-
20 ing been settled pursuant to an international
21 claims settlement agreement.
22 (3) Cuban go\'ERN^IENT. — The term "Cuban
23 government" includes the government of any poUti-
24 cal subdivision, agency, or instrumentality of the
25 Government of Cuba.
21
11
1 (4) Democratically elected go\^rnment
2 IN CUBA. — The term "democratically elected govem-
3 merit in Cuba" means a govermnent described in
4 section 207.
5 (5) EcoNomc embargo of cuba. — The term
6 "economic embargo of Cuba" refers to the economic
7 embargo imposed against Cuba pursuant to section
8 620(a) of the Foreign Assistance Act of 1961 (22
9 U.S.C. 2370(a)), section 5(b) of the Trading With
10 the Enemy Act (50 U.S.C. App. 5(b)), the Inter-
1 1 national Emergency Economic Powei-s Act, and the
12 ExiDort Administration Act of 1979.
13 (6) Property. — The term "properts^' means —
14 (A) any propert\-. right, or interest, includ-
15 ing any leasehold interest,
16 (B) debts owed by a foreign govermnent or
17 by any enterprise which has been confiscated by
18 a foreign govermnent; and
19 (C) debts which are a chai'ge on propertv^
20 confiscated by a foreign govermnent.
21 (7) Traffics. — (A) The term "traffics" means
22 to sell, transfer, distribute, dispense, or otherwise
23 dispose of propertv^, or to purchase, receive, possess,
24 obtain control of, manage, or use propertv^
22
12
1 (B) The term "traffics" does not include the
2 dehveiy of international telecoinmunieation sigrials
3 to Cuba that are authorized in the Cuban Democ-
4 racy Act of 1992.
5 (8) Transition GO^'ER^^\IENT in ci^ba. — The
6 term "transition government in Cuba" means a gov-
7 ermnent described in section 206.
8 (9) United states person. — The tenn
9 "United States person" means (A) any United
10 States citizen, and (B) any corporation, ti-ust, part-
1 1 nership, or other juridical entity* 50 percent or more
1 2 beneficially owned by United States citizens.
13 TITLE I -SEEKING SANCTIONS
14 AGAINST THE CASTRO GOV-
15 ERNMENT
16 SEC. 101. statement of policy.
17 It is the sense of the Congress that —
18 (1) the acts of the Castro govermiient, includ-
19 ing its massive, systematic, and extraordinaiy \iola-
20 tions of human rights, ai-e a threat to international
2 1 peace;
22 (2) the President should advocate, and should
23 instruct the United States Permanent Representa-
24 tive to the United Nations to propose and seek,
25 witliin the Securitv Council, a mandaton' mter-
23
13
1 national embargo against the totalitarian govem-
2 ment of Cuba pui'suant to chapter \TI of the Char-
3 ter of the United Nations, which is similar to meas-
4 ures taken by United States representatives with re-
5 spect to Haiti; and
6 (3) any resumption or comjnencement of efforts
7 by any state to make operational the nuclear faciUtv
8 at Cienfuegos, Cuba, \nll have a detrimental impact
9 on United States assistance to and relations ^^^th 10 such state.
1 1 SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF
12 CUBA.
13 (a) Policy. — (1) The Congress hereby reaffirms sec-
14 tion 1704(a) of the Cuban Democracy Act of 1992 that
15 states the President should encourage foreign countries to
1 6 restrict trade and credit relations with Cuba.
17 (2) The Congress further urges the President to take
1 8 immediate steps to apply the sanctions described in section
19 1704(b) of such Act against countries assisting Cuba.
20 (b) Diplomatic Efforts. — The Secretan- of State
21 shall ensure that United States diplomatic personnel
22 abroad understand and, in their contacts -with foreign offi-
23 cials are —
24 (1) communicating the reasons for the United
25 States economic embargo of Cuba; and
24
14
1 (2) urging foreign governments to cooperate
2 more effectively with the embargo.
3 (c) Existing Regulations. — The President should
4 instruct the Secretarv^ of the Treasury- and the Attorney
5 General to enforce fully the Cuban Assets Control Regula-
6 tions in part 515 of title 31, Code of Federal Regulations.
7 (d) Trading With the Enemy Act. — Subsection
8 (b) of section 16 of the Trading With the Enemy Act (50
9 U.S.C. App. 16(b)) is amended to read as follows:
10 "(b)(1) A ci\il penalty of not to exceed $50,000 may
1 1 be imposed by the Secretan- of the Treasury' on any per-
12 son who \iolates any license, order, rule, or regulation is-
1 3 sued in compliance with the provisions of this Act.
14 "(2) Any property, funds, securities, papers, or other
1 5 articles or documents, or any vessel, together with its tack-
16 le, apparel, furniture, and equipment, that is the subject
17 of a \iolation under paragraph (1) shall, at the discretion
1 8 of the Secretary of the Treasun% be forfeited to the United
19 States Goveniment.
20 "(3) Judicial review of any penalty- imposed under
21 this subsection may be had to the extent provided in sec-
22 tion 702 of title 5, United States Code.".
25
15
1 SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF
2 THE CASTRO DICTATORSHIP.
3 (a) Prohibition. — Notwithstanding any other pro\i-
4 sion of law, no loan, credit, or other financing may be ex-
5 tended knowingly by a United States person or by a Unit-
6 ed States agency to a foreign person to finance trans-
7 actions invohing any property* confiscated by the Cuban
8 go^'ernment the clami to wliich is o\vned by a United
9 States person as of the date of enactment of tliis Act.
10 (b) Tekmination of Prohibition. — The proliibi-
1 1 tion of subsection (a) shall cease to apply on the date of
1 2 termination of the economic embargo of Cuba.
13 (c) Penalties. — Violations of subsection (a) shall be
1 4 punishable by the same penalties as are applicable to simi-
15 lar \iolations of the Cuban Assets Control Regulations in
16 part 515 of title 31, Code of Federal Regulations.
17 (d) Definitions. — ^As used in this section —
18 (1) the term ''foreign person" means (A) an
19 alien, and (B) any corporation, trust, partnership, or
20 other juridical entitv that is not 50 percent or more
2 1 beneficially o-w-ned by United States citizens; and
22 (2) the term "United States agency" has the
23 same meaning given to the term "agencV' in section
24 551(1) of title 5, United States Code.
26
16
1 SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBER-
2 SHIP IN INTERNATIONAL FINANCIAL INSTI-
3 TUTIONS.
4 (a) CoNTiNL'ED Opposition to Cuban Member-
5 SHIP in International Financial Institutions. — (1)
6 Except as pro\ided in parag:i*aph (2), the Secretan* of the
7 Treasurv .shall instruct the United States executive diree-
8 tor to each international financial institution to use the
9 voice and vote of the United States to oppose the adniis-
10 sion of Cuba as a member of such institution until Cuba
1 1 holds fi-ee and fair, democratic elections, conducted under
1 2 the supervision of mtemationaJly recognized obsen-ers.
13 (2) During the period that a transition govermnent
14 is in power in Cuba, the President shall take steps to sup-
15 port the processing of Cuba's appUcation for membership
16 in any international financial institution subject to the
17 membei-ship taking effect after a democratically elected
1 8 government is in power in Cuba.
19 (b) Reduction in United States Pa^-ments to
20 International Financl\l Institutions. — If any
21 international financial institution approves a loan or other
22 assistance to Cuba over the opposition of the United
23 States, then the Secretar}' of the Treasun- shall withhold
24 fi-om payment to such institution an amount equal to the
25 amount of the loan or other assistance to the Cuban gov-
27
17
1 ermnent, with respect to each of the following tA^^es of
2 papnent:
3 (1) The paid-in portion of the increase in cap-
4 ital stock of the institution.
5 (2) The callable portion of the increase in cap-
6 ital stock of the institution.
7 (c) Definition. — For purposes of this section, the
8 term "international financial institution" means the Inter-
9 national Monetary Fund, the International Bank for Re-
10 construction and Development, the International Develop-
1 1 ment Association, the International Finance Corporation,
12 the Multilateral Investment Guaranty Agency, and the
13 Inter- American Development Bank.
14 SEC. 105. UNITED STATES OPPOSITION TO ENDING THE
15 SUSPENSION OF THE GOVERNMENT OF CUBA
16 FROM THE ORGANIZATION OF AMERICAN
17 STATES.
1 8 The President should instruct the United States Per-
19 manent Representative to the Organization of American
20 States to vote against ending the suspension of the Gov-
21 ermnent of Cuba from the Organization until the Presi-
22 dent determines under section 203(c)(3) that a democrat-
23 ically elected government m Cuba is in power.
28
18
1 SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF
2 THE FORMER SOVIET UNION OF THE GOV-
3 ERNMENT OF CUBA.
4 (a) Reporting Requirement. — Not later than 90
5 days after the date of enactment of tliis Act, the President
6 shall submit to the appropriate cong^-essional committees
7 a report detailmg pro^^ess towai'ds the \\ithdi-awal of per-
8 sonnel of any independent state of the former So\iet
9 Union (\ntliin the meaning of section 3 of the FREEDOI\I
10 Support Act (22 U.S.C. 5801)). incluchng adAisers, teclmi-
1 1 cians, and mihtajy personnel, fi-om the Cienfuegos nuclear
1 2 faciht^- in Cuba.
13 (b) Criteria for Assistance. — Section
14 498A(a)(ll) of the Foreign Assistance Act of 1961 (22
15 U.S.C. 2295a(a)(l)) is amended by striking "of military
16 facihties" and insertmg "militan- and intelligence facili-
17 ties, including the militars' and intelligence facilities at
18 Lourdes and Cienfu egos,".
19 (c) Ineligibility for Assistance. — (1) Section
20 498A(b) of that Act (22 U.S.C. 2295a(b)) is amended—
21 (A) by striking "or" at the end of paragraph
22 (4);
23 (B) by redesignating pai-agi-aph (5) as para-
24 gi-aph (6); and
25 (C) by inserting after paragi-aph (4) the foUow-
26 ins::
29
19
1 "(5) for the government of any independent
2 state effective 30 da\'s after the President has deter-
3 mined and certified to the appropriate congressional
4 committees (and Congress has not enacted legisla-
5 tion disappro\ing the determination within the 30-
6 day period) that such government is pro\iding as-
7 sistance for, or engaging in nonmarket based trade
8 (as defined in section 498B(k)(3)) with, the Govern-
9 ment of Cuba; or".
10 (2) Subsection (k) of section 498B of that Act (22
1 1 U.S.C. 2295b(k)), is amended by addmg at the end the
1 2 following:
13 "(3) NoNiyiARKET BASED TRADE. — ^As used in
14 section 498A(b)(5), the term 'nonmarket based
15 trade' includes exports, imports, exchanges, or other
16 aiTangements that are provided for goods and sen--
17 ices (including oil and other petroleum products) on
18 terms more favorable than those generally available
19 in applicable markets or for comparable commod-
20 ities, including —
21 "(A) exjDOrts to the Government of Cuba
22 on t€rms that invoh'e a grant, concessional
23 price, guai-antv, insurance, or subsidy:
24 "(B) imports from the Government of
25 Cuba at preferential tariff rates: and
91-595 0-95
30
20
1 "(C) exchange arrangements that include
2 advance dehvery of commodities, arrangements
3 in wliieh the Government of Cuba is not held
4 accountable for unfulfilled exchange contracts,
5 and arrangements under wliich Cuba does not
6 pay appropriate transportation, insurance, or fi-
7 nance costs.".
8 (d) Facilities at Loi-rdes, Cuba. — (1) The Con-
9 gress exj^resses its strong disapproval of the extension by
10 Russia of credits equiA'alent to approximately
11 $200,000,000 m support of the mtelligence iacUity at
12 Loui'des, Cuba, in November 1994.
13 (2) Section 498A of the Foreign Assistance Act of
14 1961 (22 U.S.C. 2295a) is amended by adding at the end
1 5 the following new subsection:
16 "(d) Reduction in Assistance for Sitport op
17 Military and Intelligence Faciuties in Cuba. — (1)
1 8 Notwitlistanding any other proAision of law, the President
19 shall witliliold from assistance allocated for an independ-
20 ent state of the former So^^et Union under this chapter
21 an amount equal to the sum of assistance and credits, if
22 any, pro^'ided by such state in support of military' and in-
23 telligence facilities in Cuba, including the intelligence facil-
24 its' at Lourdes, Cuba.
31
21
1 "(2) Notliing in this subsection may be construed to
2 apply to —
3 "(A) assistance proAided under the So^^et Nu-
4 clear Threat Reduction Act of 1991 (title 11 of Pub-
5 lie Law 102-228) or the Cooperative Tlireat Reduc-
6 tion Act of 1993 (title Xn of Public Law 103-160);
7 or
8 "(B) assistance to meet urgent hmnanitarian
9 needs under section 498(1), including disaster as-
10 sistance described in subsection (c)(3) of this sec-
1 1 tion.".
12 SEC. 107. TELEVISION BROADCASTING TO CUBA.
13 (a) C0N\'ERSI0N TO LTHF. — The Director of the
14 United States Information Agency shall implement a con-
15 version of tele^^sion broadcasting to Cuba under the Tele-
16 vision Marti Senice to ultra liigh frequency (UHF) broad-
1 7 casting.
18 (b) Periodic Reports. — Not later than 45 days
19 after the date of enactment of this Act, and eA'erv tliree
20 months thereafter untU the conversion described in sub-
2 1 section (a) is fuUy implemented, the Director shall submit
22 a report to the appropriate congressional committees on
23 the progress made in carrying out subsection (a).
22
1 SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RE-
2 CErVTD BY CUBA FROM OTHER FOREIGN
3 COUNTRIES.
4 (a) Reports Required. — Not later than 90 da^-s
5 after the date of enactment of tliis Act, and ever>- year
6 thereafter, the President shall subinit a report to the ap-
7 propriate congressional committees on assistance and
8 commerce received by Cuba fi'om other foreigm countries
9 during the preceding 12 -month period.
10 (b) Contents of Reports. — Each report required
1 1 by subsection (a) shall for the period covered by the re-
1 2 port, contain the following:
13 ( 1 ) A description of all bilateral assistance pro-
14 \ided to Cuba by other foreign countries, including
15 humanitarian assistance.
16 (2) A description of Cuba's conmierce with for-
17 eign countries, including an identification of Cuba's
1 8 trading partners and the extent of such trade.
19 (3) A description of the joint ventui-es com-
20 pleted, or under consideration, by foreign nationals
21 and business firms invohing facilities in Cuba, in-
22 cludmg an identification of the location of the facili-
23 ties involved and a description of the terms of agree-
24 ment of the joint ventures and the names of the par-
25 ties that are involved.
33
23
1 (4) A determination whether or not any of the
2 facilities described in parag:raph (3) is the subject of
3 a claiin against Cuba by a United States pei-son.
4 (5) A determination of the amount of Cuban
5 debt owed to each foreigrn countiy, including the
6 amount of debt exchang:ed, forg^iven, or reduced
7 under the terms of each im^estment or operation in
8 Cuba invohing foreign nationals or businesses.
9 (6) A description of the steps taken to assure
10 that raw materials and semifinished or finished
1 1 goods produced by facilities in Cuba invohing for-
12 eign nationals or businesses do not enter the United
13 States market, either directly or through tliird coun-
14 tries or parties.
15 SEC. 109. IMPORTATION SANCTION AGAINST CERTAIN
16 CUBAN TRADING PARTNERS.
1 7 (a) Sanction. — Notwithstanding any other pro\'ision
1 8 of law, sugars, s^Tups, molasses, and products with sugar
19 content ia excess of 35 percent, that are the product of
20 a country that the President determines has imported
21 sugar, swup, or molasses that is the product of Cuba,
22 shall not be entered, or withdra\vn from warehouse for
23 consmnption, into the customs territory of the United
24 States, unless the condition set forth in subsection (b) is
25 met.
34
24
1 (b) Condition for Removal of Sanction. — The
2 sanction set forth in subsection (a) shall cease to apply
3 to a countn' if the coimtn- certifies to the President that
4 the countiy wiW not import sugar, SATup, or molasses that
5 is the product of Cuba until free and fair elections, con-
6 ducted under the supenision of internationally recognized
7 obsen-ers, are held in Cuba. Such certification shall cease
8 to be effectiA-e if the President makes a subsequent deter-
9 mination under subsection (a) with respect to that coun-
10 tiy.
1 1 (c) Reports to Congress. — The President shall re-
1 2 port to the appropriate congressional committees all deter-
13 minations made under subsection (a) and all certifications
14 made under subsection (b).
15 (d) Reallocation of Sug.\r Quotas. — During any
16 period in which a sanction under subsection (a) is in effect
17 with respect to a country-, the President may reallocate
18 to other countries the quota of sugars, s\Tups, and molas-
19 ses allocated to that comitn-, before the prohibition went
20 into effect, under chapter 17 of the Harmonized Tariff
2 1 Schedule of the United States.
35
25
1 SEC. 110. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC
2 AND HUMAN RIGHTS GROUPS AND INTER-
3 NATIONAL OBSERVERS.
4 The President is authorized to make available ade-
5 quate support for democracy-building efforts for Cuba, in-
6 cluchng the follovnno::
7 (1) Published and mformational matter, such as
8 books, \ideos. and cassettes, on transitions to de-
9 mocracy, human rights, and mai'ket economies to be
10 made a^•aiJable to independent democratic groups in
1 1 Cuba.
12 (2) Humanitarian assistance to \ictims of polit-
13 ical repression and their families.
14 (3) Support for democratic and human rights
15 groups in Cuba.
16 (4) Support for ^^sits and permanent deploy-
17 ment of independent inteniationaJ human rights
18 monitors in Cuba.
19 TITLE II-ASSISTANCE TO A
20 FREE AND INDEPENDENT CUBA
21 SEC. 201. POLICY TOWARD A TIL\NSITION GOVERNTVIENT
22 AND A DEMOCRATICALLY ELECTED GOVERN-
23 MENT IN CUBA.
24 The policy of the United States is as foUows:
25 (1) To support the self-determination of the
26 Cuban people.
36
26
1 (2) To recognize that the self-determination of
2 the Cuban people is a sovereig^i and national right
3 of the citizens of Cuba wliich must be exercised free
4 of interference by the government of any other coun-
5 trs-.
6 (3) To encourage the Cuban people to empower
7 themseh-es with a govermnent wliich reflects the self-
8 determination of the Cuban people.
9 (4) To recognize the potential for a difficult
10 transition from the current regime in Cuba that may
1 1 result from the initiatives taken by the Cuban people
12 for self-determination in response to the intran-
13 sigence of the Castro regime in not allowing any
14 substantive political or economic reforms, and to be
15 prepared to pro\ide the Cuban people with humani-
16 tarian, developmental, and other economic assist-
17 ance.
18 (5) In solidai-it\' with the Cuban people, to pro-
19 ^ide emergency relief assistance to a transition gov-
20 ermnent in Cuba and support to a democratically
21 elected govermnent in Cuba that result from an ex-
22 pression of the self-determination of the Cuban peo-
23 pie.
24 (6) Tlu-ough such assistance, to facilitate a
25 peaceful transition to representative democracy and
37
27
1 a market economy in Cuba and to consolidate de-
2 mocracy in Cuba.
3 (7) To deliver such assistance to the Cuban
4 people only tlu-ougfh a transition g:overnment in
5 Cuba, tlirough a democratically elected government
6 in Cuba, or throug:h United States, international, or
7 indigenous nongovernmental organizations.
8 (8) To encourage other countries and multilat-
9 eral organizations to pro^^de similar assistance, and
10 to work cooperati^'ely \nth such countries and orga-
1 1 nizations to coordinate such assistance.
12 (9) To ensure that emergency rehef is rapidly
13 implemented and distributed to the people of Cuba
14 upon the institution of a transition government in
15 ■ Cuba.
16 (10) Not to provide favorable treatment or in-
17 fluence on behalf of any indi^^dual or entit^^ in the
18 selection by the Cuban people of their future govem-
19 ment.
20 (11) To assist a transition government in Cuba
21 and a democratically elected government in Cuba to
22 prepare the Cuban militar\- forces for an appropriate
23 role in a democracy.
24 (12) To be prepared to enter into negotiations
25 with a democratically elected govermnent in Cuba ei-
38
28
1 ther to return the United States Naval Base at
2 Guantanamo to Cuba or to renegotiate the present
3 agreement under mutually agreeable terms.
4 (13) To consider the restoration of diplomatic
5 recognition and support the reintegration of the
6 Cuban government into Inter-American organiza-
7 tions when the President detennines that there ex-
8 ists a democratically elected go\'eniment in Cuba.
9 (14) To take steps to remove the economic em-
10 bargo of Cuba when the President determines that
1 1 there exists a democratically elected goA'emment in
12 Cuba.
13 (15) To assist a democratically elected govern-
14 ment in Cuba to strengthen and stabilize its national
1 5 currency.
16 (16) To pursue the extension of free trade ar-
17 rangements to a free, democratic, and independent
1 8 Cuba or to seek the creation of an economic conmiu-
19 nitv with a free, democratic, and independent Cuba.
20 SEC. 202. AUTHORIZATION OF ASSISTANCE FOR THE
2 1 CUBAN PEOPLE.
22 (a) AUTHORIZ.\TION. —
23 (1) In GEyER,\L. — The President shall develop
24 a plan for prodding economic assistance to Cuba at
25 such time as the President determines that a transi-
39
29
1 tion g:o\'ermnent or a democratically elected govem-
2 ment (as determined under section 203(c)) is in
3 power in Cuba.
4 (2) Effect on other laws. —
5 (A) Superseding otpier laws. — Subject
6 to subpai-agraph (B). assistance may be pro-
7 \ided under this section notvntlistanding any
8 other pro^^sion of law.
9 (B) DETER.AnNATION REQUIRED REGARD-
10 ING PROPERTY T.\KEN FROM UNITED STATES
1 1 PERSONS. — Subparagraph (A) shall not apply
12 to section 620(a)(2) of the Foreign Assistance
13 Act of 1961 (22 U.S.C. 2370(a)(2)).
14 (b) Plan for Assistance. —
15 (1) DE^'ELOPMENT OF PLAN. — The President
16 shall develop a plan for providing: assistance under
17 tliis section —
18 (A) to a transition government in Cuba;
19 and
20 (B) to a democratically elected go^-ermnent
21 in Cuba.
22 (2) T^TES OF ASSISTANCE. — Assistance under
23 the plan developed under paragraph (1) shall include
24 the following:
40
30
1 (A) Transition goa'ernment. — (i) Ex-
2 cept as pro^^ded in clause (ii), assistance to a
3 transition govermnent in Cuba shall be limited
4 to—
5 (I) such food, medicine, medical sup-
6 plies and equipment, and assistance to
7 meet emergency energy- needs, as is nec-
8 essaiy to meet the basic human needs of
9 the Cuban people: and
10 (II) assistance described in subpara-
1 1 graph (C).
12 (ii) Assistance to a transition g-overnment
13 in Cuba may include assistance for activities
14 comparable to those set forth in section 498 of
15 the Foreign Assistance Act of 1961 (22 U.S.C.
16 2295) (other than paragraph (9) of such sec-
17 tion).
18 (iii) "When a transition government in Cuba
19 is in power, remittances by inchviduals to their
20 relatives of cash or goods, as well as freedom to
21 travel to \isit them without any restrictions,
22 shall be permitted.
23 (B) Democratically elected go\'ern-
24 MENT. — ^Assistance to a democratically elected
25 government in Cuba shall consist of additional
41
31
1 econoinie assistance, together with assistance
2 described in subparagi-aph (C). Such economic
3 assistance may include —
4 (i) assistance under chapter 1 of part
5 I (relating to development assistance), and
6 chapter 4 of pai-t 11 (relating to the eco-
7 nomic support fund), of the Foreign As-
8 sistance Act of 1961:
9 (ii) assistance under the Agricultural
10 Trade Development and Assistance Act of
11 1954:
12 (ui) financing, guarantees, and other
13 forms of assistance pro^^ded by the Ex-
14 port-Import Bank of the United States:
15 (iv) financial support pronded by the
16 Ch'erseas Private Investment Corporation
17 for investment projects in Cuba:
18 (v) assistance pro\'ided by the Trade
19 and Development Agency;
20 (\i) Peace Corps programs;
21 (\ii) rehef of Cuba's external debt;
22 and
23 (\iii) other appropriate assistance to
24 carry out the pohcy of section 201.
42
32
1 (C) Military adjustment assist-
2 ANCE. — ^Assistance to a transition government
3 in Cuba and to a democraticaUy elected govem-
4 ment in Cuba shall also include assistance in
5 preparing the Cuban military' forces to adjust to
6 an appropriate role in a democracy.
7 (c) Strategy for Distribution. — The plan devel-
8 oped imder subsection (b) sliaU include a strategy for chs-
9 trilDutmg assistance under the plan.
10 (d) Distribution. — The plan developed under sub-
1 1 section (b) shall authorize assistance under the plan to
12 be pro^^ded tlirough nongoveramental organizations and
13 private and ^•oluntarv' organizations, whether within or
14 outside the United States, including hmnanitarian, edu-
15 cational, labor, and private sector organizations.
16 (e) International Efforts. —
17 (1) The President shall take the necessarv
1 8 steps —
19 (A) to seek to obtain the agi'eement of
20 other countries and of international financial
21 institutions and multilateral organizations to
22 pro\ide to a transition government in Cuba.
23 and to a democratically elected government in
24 Cuba, assistance comparable to that pro^^ded
25 bv the United States under tliis Act; and
43
33
1 (B) to work with such countries, institu-
2 tions, and org-anizations to coordinate all such
3 assistance programs.
4 (2) (A) The President shall take the necessary-
5 steps to eneouragre the Organization of American
6 States to create a special emergency fund for the ex-
7 plicit puiiDOse of deplo\'ing human rights obsen'ers,
8 election support, and election obserA-ation in Cuba.
9 (B) The President should instruct the United
10 States Permanent Representative to the Organiza-
1 1 tion of American States to encourage other member
12 states of the Organization to join in calling for the
13 Cuban Govermnent to allow the mimediate deploy-
14 ment of independent human rights monitors of the
15 Organization tlu-oughout Cuba and on-site visits to
16 Cuba by the Inter-Ajnerican Commission on Human
17 Rights.
18 (C) The President shall withhold from pa^Tuent
1 9 to the Organization of American States not less than
20 $5,000,000 of the arrearages of the United States to
21 the Organization of American States as of the date
22 of enactment of tliis Act until the Organization of
23 American States agi-ees to make available an equiva-
24 lent amoimt solely for the purposes of the special
25 fund.
44
34
1 (f) Caribbean Basin Initlatr-e. — The President
2 shall determine, as part of the assistance plan developed
3 under subsection (b), whether or not to desig:nate Cuba
4 as a beneficiapA' countn- under section 212 of the Carib-
5 bean Basin Economic Recovers Act.
6 (2) Any designation of Cuba as a beneficiars' countn*
7 imder section 212 of such Act may only be made after
8 a democratically elected g-overmnent is in power. Such des-
9 ignation may be made notwithstanding: any other proAision
10 of law.
1 1 (3) The table contained in section 212(b) of the Car-
12 ibbean Basin Economic Recover^' Act (19 U.S.C. 2702(b))
13 is amended by inserting: "Cuba'' between "Costa Rica"
14 and "Dominica".
15 (g:) Trade Agreements. — The President, upon
16 transmittal to Confess of a determination under section
17 203(c)(3) that a democratically elected government in
1 8 Cuba is in power —
19 (1) shall take the necessary' steps to enter into
20 a ]3rehminaiy agreement with such g:oveniment in
2 1 Cuba proAiding for extension of the North American
22 Free Trade Agreement to a free and independent
23 Cuba or to seek the creation of an economic conmiu-
24 nity \nth a free, democratic, and independent Cuba;
25 and
45
35
1 (2) is authorised to enter into negotiations with
2 a democratic government in Cuba to pro^^de for the
3 extension of the North American Free Trade Agree-
4 ment (NAFTA) to Cuba or to seek the creation of
5 an economic communit\^ with a free, democratic, and
6 independent Cuba and to take such other steps as
7 wiH encourage renewed investment in Cuba.
8 (h) Communication With the Citban People. —
9 The President shall take the necessaiy steps to coimnu-
10 nicate to the Cuban people the plan for assistance devel-
1 1 oped under this section.
12 (i) Report to Congress. — Not later than 180 days
1 3 after the date of the enactment of tliis Act, the President
14 shall transmit to the appropriate congi-essional committees
1 5 a report describing in detail the plan developed under this
1 6 section.
17 sec. 203. coordination of assistance program; im-
18 plementation and reports to con-
19 GRESS; REPROGRAMMING.
20 (a) Coordinating Official. — The President shall
21 designate a coordinating official who shall be responsible
22 for—
23 (1) implementing the strategy' for distributing
24 assistance under the plan developed under section
25 202(b);
46
36
1 (2) ensuring the speedy and efficient disti'ibu-
2 tion of such assistance; and
3 (3) ensuring: coordination among, and appro-
4 priate oversight by. the agencies of the United
5 States that pro^'ide assistance imder the plan, in-
6 eluding resohing any disputes among such agencies.
7 (b) United States-Ci'ba Council. — Upon making
8 a determination mider subsection (c)(3) that a democrat-
9 icalJy elected govermnent is in power Ln Cuba, the Presi-
10 dent, after consultation with the coordinating official, shall
1 1 designate a United States-Cuba council —
12 (1) to ensure coordination between the United
13 States Govermnent and the private sector in re-
14 sponding to change in Cuba, and in promoting mar-
15 ket-based development in Cuba: and
16 (2) to establish periodic meetings between rep-
1 7 resentatives of the United States and Cuban private
1 8 sectors for the purj^ose of facilitating bilateral trade.
19 (c) Implementation of Flas: Reports to Con-
20 ORESS.—
21 (1) Implementation \\ith respect to tran-
22 SITION G0^'ERM\IENT. — Upon making a detennina-
23 tion that a transition government in Cuba is in
24 power, the President shall transmit that determina-
25 tion to the appropriate congressional committees and
47
37
1 shall, subject to the aA'ailabilit>" of appropriations,
2 eoininenee the deliven' and distribution of assistance
3 to such transition government under the plan devel-
4 oped under section 202(b).
5 (2) Reports to congress. — (A) The Presi-
6 dent shall transmit to the appropriate congressional
7 conmiittees a report setting forth the strategy' for
8 providing assistance described in section 202(b)(2)
9 (A) and (C) to the transition govermnent in Cuba
10 under the plan of assistance developed mider section
1 1 202(b), the t^'}Des of such assistance, and the extent
12 to which such assistance has been distributed in ae-
1 3 cordance with the plan.
14 (B) The President shall transmit the report not
15 later than 90 days after making the detennination
16 referred to in paragraph (1), except that the Presi-
17 dent shall transmit the report in preliminarv" form
18 not later than 15 days after making that determina-
19 tion.
20 (3) Laiplementation with respect to
21 democratically elected go^'ernment. — The
22 President shall, upon determining that a democrat-
23 ically elected government in Cuba is in power, sub-
24 mit that determination to the appropriate congres-
25 sional committees and shall, subject to the availabil-
48
38
1 ity of appropriations, commence the deliverv' and dis-
2 tribution of assistance to such democratically elected
3 govermnent under the plan developed under section
4 202(b).
5 (4) AnnI'AL reports to congress. — Not
6 later than 60 days after the end of each fiscal year,
7 the President shall transmit to the appropriate con-
8 gi-essional committees a report on the assistance
9 proAided under the plan developed under section
10 202(b), including: a description of each tA"pe of as-
1 1 sistance. the amounts expended for such assistance,
12 and a description of the assistance to be pro^^ded
1 3 under the plan in the current fiscal year.
14 (d) REPROGRAlVEVnNG. — ^Any chancres in the assist-
15 ance to be pro\ided under the plan developed under sec-
16 tion 202(b) may not be made unless the President notifies
17 the appropriate congressional committees at least 15 da\-s
18 in advance in accordance with the procedures applicable
19 to reprogramming notifications under section 634A of the
20 ForeigTi Assistance Act of 1961.
2 1 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
22 There are authorized to be appropriated to the Presi-
23 dent such sums as mav be necessary- to carr\' out this Act.
49
39
1 SEC. 205. TERMINATION OF THE ECONOMIC EMBARGO OF
2 CUBA.
3 (a) Presidential Actions. — Upon submitting; a de-
4 termination to the appropriate congi-essional committees
5 mider section 203(c)(3) that a democratically elected gov-
6 ermnent in Cuba is in power, the President shall take
7 steps to tenninate the economic embargo of Cuba.
8 (b) Conforming Amendments. — On the date on
9 wliich the President submits a determination under sec-
10 tiou 203(c) (3)—
11 (1) section 620(a) of the Foreign As.si.stance
12 Act of 1961 (22 U.S.C. 2370(a)) is repealed:
13 (2) section 620(f) of the Foreign Assistance Act
14 of 1961 (22 U.S.C. 2370(f)) is amended by strikmg
15 "Repubhc of Cuba"; and
16 (3) the proliibitions on transactions described in
17 pait 515 of title 31, Code of Federal Reg:ulations,
1 8 shall cease to apply.
19 SEC. 206. REQUIREMENTS FOR A TRANSITION GOVERN-
20 ME NT.
2 1 For pm-poses of tliis Act, a transition go^•enlmeut in
22 Cuba is a govermnent in Cuba which —
23 (1) is demonstrably in transition from com-
24 munist totalitarian dictatorsliip to representative de-
25 mocracy;
26 (2) has legalized all political acti^its';
50
40
1 (3) has released all political prisoners and al-
2 lowed for investigations of Cuban prisons by appro-
3 priate international human rights organizations;
4 (4) has ceased any interference Mith Radio or
5 Tele\'ision Marti broadcasts:
6 (5) makes public commitments to and is mak-
7 ing demonstrable progress in —
8 (A) establishing an independent judiciaiy:
9 (B) dissohing the present Department of
10 State Security in the Cuban Ministiy of the In-
1 1 terior, including the Committees for the De-
1 2 fense of the Revolution and the Rapid Response
13 Brigades;
14 (C) respecting internationally recognized
15 human rights and basic freedoms as set forth in
16 the Universal Declaration of Human Rights, to
17 wliich Cuba is a signatoiy nation;
18 (D) effectively guaranteeing the rights of
19 free speech and fi-eedom of the press;
20 (E) organizing fi-ee and fair elections for a
21 new govermnent —
.22 (i) to be held in a timely maimer Mith-
23 in a period not to exceed 2 years after the
24 transition govermnent assmnes power;
51
41
1 (ii) with the participation of multiple
2 independent political parties that have full
3 access to the media on an equal basis, in-
4 eluding (in the case of radio, tele\'ision, or
5 other telecommunications media) in terms
6 of allotments of time for such access and
7 the times of day such allotments are given;
8 and
9 (iii) to be conducted mider the super-
10 \ision of internationally recognized obsen--
1 1 ers, such as the Organization of American
12 States, the United Nations, and other elec-
13 tions monitors:
14 (F) assuring the right to private propeit^';
15 (G) taking appropriate steps to retm-n to
16 United States citizens and entities property
17 taken by the Government of Cuba from such
18 citizens and entities on or after January- 1,
19 1959, or to pro^^de equitable compensation to
20 such citizens and entities for such property;
21 (H) granting permits to privately owned
22 telecommunications and media companies to op-
23 erate in Cuba; and
52
42
1 (I) allowing the establishment of an inde-
2 pendent labor movement and of independent so-
3 eial, economic, and political associations;
4 (6) does not include Fidel Casti'o or Raul Cas-
5 tro;
6 (7) has given adequate assurances that it \nll
7 allow the speedy and efficient distribution of assist-
8 auce to the Cuban people; and
9 (8) permits the deplo\inent thi'oughout Cuba of
10 independent and unfettered mteniational human
1 1 rights monitors.
1 2 SEC. 207. REQUIREMENTS FOR A DEMOCRATICALLY ELECT-
1 3 ED GO\TRNMENT.
14 For purposes of this Act, a democratically elected
15 govermnent in Cuba, in addition to continuing to comply
16 with the requii-ements of section 206, is a government in
1 7 Cuba which —
18 (1) results from free and fair elections con-
19 ducted under the supenision of internationally rec-
20 ognized obser\'ers;
21 (2) has permitted opposition paities ample time
22 to organize and campaign for such elections, and has
23 permitted full access to the media to all candidates
24 in the elections;
53
43
1 (3) is showing respect for the basic ci\'il hb-
2 erties and human rights of the citizens of Cuba;
3 (4) has made demonstrable progress in estab-
4 hsliing an independent judiciary-;
5 (5) is substantially mo\'ing toward a market-ori-
6 ented economic s^•stem;
7 (6) is committed to making constitutional
8 changes that would ensure regular fi-ee and fair elec-
9 tions that meet the requirements of pai-agi-aph (2);
10 and
11 (7) has made demonstrable progi-ess in return-
12 ing to United States citizens (and entities wliich are
13 50 percent or more beneficially o^vned by United
14 States citizens) property- taken by the Government
15 of Cuba from such citizens and entities on or after
16 Januarv' 1. 1959, or pro^^ding fuU compensation in
17 accordance with international law standards and
1 8 practice.
54
44
1 TITLE III -PROTECTION OF
2 AMERICAN PROPERTY
3 RIGHTS ABROAD
4 SEC. 301. EXCLUSION FROM THE UNITED STATES OF
5 ALIENS WHO RWT CONFISCATED PROPERTY
6 OF UNITED STATES NATIONALS.
7 (a) .Additional Groi'.vds for Exclusion. — Sec-
8 tioii 212(a)(9) of the Immigration and Nationality Act (8
9 U.S.C. 1182(a)) is amended by adding at the end the fol- loMingr:
"(D) .\LIENS WHO HA\'E CONTISCATED -UIERICAN PROPERTY .\BROAD AND REI^\TED
1 .iJRSONS. — (i) Any alien who —
14 "(I) has eonfi.scated, or has directed
15 or overseen the confiscation of, property*
16 the claun to wliich is owned by a United
17 States person, or converts or has converted
18 for personal gain confiscated property-, the
19 claim to which is owned by a United States
20 person:
21 "(H) traffics in confiscated propeii^',
22 the claim to which is o^Tied by a United
23 States person;
24 "(ni) is a coiporate officer, principal,
25 or shareholder of an entitv' which has been
55
45
1 involved in the confiscation, trafficking in,
2 or subsequent unauthorized use or benefit
3 fi'om confiscated property, the claim to
4 wliich is o\vned by a United States pei-son,
5 or
6 ''(r\') is a spouse or cliild, or depend-
7 ent (as defined in section 152 of the Inter-
8 nal Revenue Code of 1986) of a jierson de-
9 scribed in subclause (I),
10 is excludable.
1 1 **(ii) The valichtA- of claims imder this sub-
12 paragraph shall be established in accordance
13 with section 303 of the Cuban Liberty and
14 Democratic Solidarity (LffiERTAD) Act of
15 1995.
16 "(iii) For purposes of this subparagraph,
17 the terms 'confiscated', 'property"', 'traffics',
18 and 'United States person' have the same
19 meanings given to such terms under section 4
20 of the Cuban Liberts' and Democratic Solidarity"
21 (LIBERTAD) Act of 1995.".
22 (b) Effectfv^ Date. — The amendment made by
23 subsection (a) shall apply to individuals entering the Unit-
24 ed States on or after the date of enactment of this Act.
56
46
1 SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CON-
2 FISCATED FROM UNITED STATES NATIONALS.
3 (a) CniL Remedy. — (1) Effective on the day after
4 the date of enactment of tliis Act, and except as pronded
5 in pai-agraphs (2) and (3), any person or grovernment that
6 ti'affics in propeiiy confiscated by a forei^rn goA-ernment
7 shall be liable to the United States person who owns the
8 confiscated property or claim thereto for money damages
9 m an amoimt wliich is the greater of —
10 (Aj(i) the amount certified by the Foreign
1 1 Claims Settlement Conmiission under the Inter-
12 national Clamis Settlement Act of 1949;
13 (ii) interest at the coimnercially recognized nor-
14 mal rate: and
15 (iii) reasonable attorneys' fees:
16 (B) the amount determined under section
17 303(a)(2): or
18 (C) the fair market value of that property-, cal-
19 culated as being the then current value of the prop-
20 erty, or the value of the property when confiscated
21 plus interest at the commercially recognized normal
22 rate, wliichever is gi-eater.
23 (2) Except as pro\ided in pai-agi-aph (3), any person
24 or govermnent that ti-affics in confiscated property after
25 ha\Tng received (A) notice of a claim to o^vnership of the
26 propertv by the United States person who oAnis the claim
57
47
1 to the confiscated property, and (B) a copy of tliis section,
2 sliaU be liable to such United States person for money
3 damag'es in an amount wliich is treble the amount speci-
4 fied in paragraph (1), excluding attorney's fees.
5 (3) (A) Actions may be brought under paragraph (1)
6 \nth respect to property confiscated before, on, or after
7 the date of enactment of tliis Act.
8 (B) In the case of property confiscated before the
9 date of enactment of tliis Act, no United States person
10 may bring an action under tliis section unless such person
1 1 acquu'ed o\mership of the claim to the confiscated prop-
1 2 ei-tA* before such dat€.
13 (C) In the case of property' confiscated on or after
14 the date of enactment of this Act, in order to maintain
15 the action, the United States person who is the plaintiff
16 must demon.strate to the coui-t that the plaintiff has taken
17 reasonable steps to exhaust any available local remedies.
18 (b) Jurisdiction. —
19 (1) In gen-eral.— Chapter 85 of title 28, Unit-
20 ed States Code, is amended by inserting after sec-
21 tion 1331 the follo\nng new section:
22 "§ 1331a. Civil actions involving confiscated property 23^ "(a) The district courts shall have exclusive jurisdic- 24 tion, without regard to the amount in controversy, of any
58
48
1 action brought under section 302 of the Cuban Liberty'
2 and Democratic Sohdaritv^ (LLBERTAD) Act of 1995.
3 '*{b) Senice of a summons or filing a waiver of sen--
4 ice with respect to claims arising under section 302 of the
5 Cuban Libertv' and Democratic Solidarit\- (LIBERTAD)
6 Act of 1995 is effective to establish jurischction over the
7 pei"Son of a defendant if made in any district where a de-
8 fendant resides or may be foimd.".
9 (2) Conforming amendment. — The table of
10 sections for chapter 85 of title 28, United States
1 1 Code, is amended by inserting after the item i-elating
12 to section 1331 the foIlo^ving:
■■1331a. CutJ actions invol\in? confiscated propem-.".
13 (c) Waia-er of SoMiREiGN Imjiumty. — Section
14 1605(a) of title 28, United States Code, is amended —
15 (1) by striking "or" at the end of paragraph
16 (5);
17 (2) by striking the period at the end of para-
18 gi-aph (6) and inserting "; or": and
19 (3) by adding at the end the following:
20 "(7) in wliich the action is brought \\ith respect
21 to confiscated property under section 302 of the
22 Cuban Libei-tv^ and Democratic Solidarity
23 (LIBERTAD) Act of 1995.".
24 (d) Additional Rights of Action. — The right of
25 action created in this section is in adchtion to any right
59
49
1 that may exist under the eoinmon law, Federal law, or
2 the law of any of the several States, the District of Colum-
3 bia, or any territoiy or possession of the United States,
4 and nothing in tliis action shall act to adversely affect or
5 derogate such other rights in any way.
6 SEC. 303. CL.\IMS TO CONFISCATED PROPERTY.
7 (a) Emdence of OwTsTERsrap. — For purposes of
8 tliis Act. conclusive e\idence of o\mersliip by a United
9 States person of a claim to confiscated propeii^- is estab-
10 Ushed—
11 (1) when the Foreign Claims Settlement Com-
12 mission certifies the claim under the International
13 Claims Settlement Act of 1949, as amended by sub-
14 section (b);
15 (2) when the claim has been determined to be
16 valid by a court or administrati^'e agency of the
1 7 countrv' in which the propertv was confiscated; or
18 (3) when the claim has been determined to be
19 valid by a com! or administrative agency of the
20 United States.
21 (b) A3IENDMENT OF THE INTERNATIONAL CLAIMS
22 Settlement Act of 1949. — Title V of the InteniationaJ
23 Claims Settlement Act of 1949 (22 U.S.C. 1643 and fol-
24 lowing) is amended by adding at the end the foUo-wing new
25 section:
60
50
1 "additional claims
2 "Sec. 514. Notvntlistanding any other pro^^sion of
3 tliis title, a United States national may bring a claim to
4 the Commission for determination and certification under
5 tliis title of the amount and vahdity of a claim resulting
6 from actions taken by the Government of Cuba described
7 in section 503(a). whether or not the Tnited States na-
8 tional qualified as a United States national at the time
9 of the Cuban goveniment action, except that, in the case
10 of property confiscated after the date of enactment of tliis
1 1 section, the claimant must be a United States national at
1 2 the time of the confiscation. ' ' .
13 (c) CoxFORMiNG A]\iEND]\rENT. — Section 510 of the
14 International Claims Settlement Act of 1949 (22 U.S.C.
15 1643) is amended by striking "The" and inserting "Ex-
16 eept in the case of claims under section 514, the".
17 SEC. 304. AMENDMENT OF THE INTERNAL REVENUE CODE
18 OF 1986.
19 Section 1351 of the Liternal Revenue Code of 1986
20 shall be amended as follows:
21 (1) The word "That" shall be deleted from the
22 beginning of pai'agi'aph (1) of subsection (d) of sec-
23 tion 1351 and the foIlo^^■ing language shall be added:
24 "Except in cases of recoveiy of Cuban exj^ropriation
25 loss, that".
61
51
1 (2) A new paragraph (5) shall be added to sub-
2 section (d) of section 1351, as follows: "Definition of
3 Cuban ExjDropriation Loss. — For purposes of tliis
4 section, the term "Cuban exj^ropriation loss" means
5 any loss sustained by reason of the exj^ropriation,
6 inten'ention, seizure or similar taking: of propertv by
7 the communist government of Cuba, any political
8 sub(h^^sion thereof, or any agency oi' instrumentality
9 of the foregoing:.''.
BOSTON PUBLIC LIBRARY
62 .riiilililillilliilllll
3 9999 05983 801 9 Amendment to the Amendment in the
Nature of a Substitute to H.R, 927
Offered By Mr. Torricelli
Page 42, strike lines 1 tlirough 3 and insert the fol- lowing:
1 (I) allowing the establishment of inrlepend-
2 ont ti*ade unions as set forth in conventions 87
3 iind 98 of the International LalK)r Organiza-
4 tion, and allowing the establishment of inde-
5 pendent social, economic, and political associa-
6 tions;
Amendment To H.R. 927 Offered By Mr. Menendez
Add the following at the end of section 102:
1 (e) Violations Under the Trading With the
2 Enemy Act. — Subsection (b) of section 16 of the Trading
3 With the Enemy Act (50 U.S.C. App. 16(b)), as amended
4 by section 1710(c) of the Cuban Democracy Act of 1992,
5 is amended —
6 (1) in paragraph (3) —
7 (A) by striking "may not be" and inserting
8 "may be";
9 (B) in subparagraph (A) by striking "; or"
10 and inserting ", or"; and
11 (C) in subparagraph (B) by striking "par-
12 ticipants." and inserting "participants,
13 that are not licensed or otherwise authorized pursuant to
14 this Act."; and
15 (2) by striking paragraph (4) and redesignating
16 paragraph (5) as paragraph (4).
o
ISBN 0-16-047342-X
780160"473425
90000