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H.R. 927 (104th): Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996


The text of the bill below is as of Aug 4, 1995 (Committee Discharged).


HR 927 CDH

Union Calendar No. 122

104th CONGRESS

1st Session

H. R. 927

[Report No. 104-202, Part I]

To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in Cuba, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 14, 1995

Mr. BURTON of Indiana (for himself, Mr. DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. TORRICELLI, Mr. MENENDEZ, Mr. DELAY, Mr. BALLENGER, Mr. SOLOMON, Mr. GOSS, Mr. SMITH of New Jersey, Mr. KING, Mr. EWING, Mr. GALLEGLY, Mr. DEUTSCH, Mr. HANSEN, Mr. BARTON of Texas, Mr. ROHRABACHER, Mr. FUNDERBURK, Mr. SAM JOHNSON of Texas, Mrs. VUCANOVICH, Mr. PETRI, Mrs. MEEK of Florida, and Mr. GILCHREST) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

April 18, 1995

Additional sponsors: Mr. ENGEL, Mr. KNOLLENBERG, Mr. WILSON, Mr. FOLEY, and Mr. BARTLETT of Maryland

July 24, 1995

Reported from the Committee on International Relations with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

July 24, 1995

Referral to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services extended for a period ending not later than August 4, 1995

August 4, 1995

Additional sponsors: Mr. MCCOLLUM, Mr. ROYCE, Mr. DORNAN, Mr. CALVERT, Mr. SHAW, Mr. GUTIERREZ, Mr. DUNCAN, Mr. SALMON, Mr. SANFORD, Mrs. THURMAN, Mr. FRELINGHUYSEN, Mr. KIM, Mr. CHABOT, Mr. BURR, Mr. ANDREWS, and Mr. ENGLISH of Pennsylvania

August 4, 1995

The Committees on Banking and Financial Services, the Judiciary, and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on February 14, 1995]


A BILL

To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in Cuba, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Findings.

      Sec. 3. Purposes.

      Sec. 4. Definitions.

TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT

      Sec. 101. Statement of policy.

      Sec. 102. Enforcement of the economic embargo of Cuba.

      Sec. 103. Prohibition against indirect financing of the Castro dictatorship.

      Sec. 104. United States opposition to Cuban membership in international financial institutions.

      Sec. 105. United States opposition to ending the suspension of the Government of Cuba from the Organization of American States.

      Sec. 106. Assistance by the Independent States of the former Soviet Union for the Cuban Government.

      Sec. 107. Television broadcasting to Cuba.

      Sec. 108. Reports on assistance and commerce received by Cuba from other foreign countries.

      Sec. 109. Importation safeguard against certain Cuban products.

      Sec. 110. Authorization of support for democratic and human rights groups and international observers.

      Sec. 111. Withholding of foreign assistance from countries supporting nuclear plant in Cuba.

      Sec. 112. Expulsion of criminals from Cuba.

TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

      Sec. 201. Policy toward a transition government and a democratically elected government in Cuba.

      Sec. 202. Authorization of assistance for the Cuban people.

      Sec. 203. Coordination of assistance program; implementation and reports to Congress; reprogramming.

      Sec. 204. Authorization of appropriations.

      Sec. 205. Termination of the economic embargo of Cuba.

      Sec. 206. Requirements for a transition government.

      Sec. 207. Requirements for a democratically elected government.

TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME

      Sec. 301. Statement of policy.

      Sec. 302. Liability for trafficking in property confiscated from United States nationals.

      Sec. 303. Determination of claims to confiscated property.

      Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification procedure.

TITLE IV--EXCLUSION OF CERTAIN ALIENS

      Sec. 401. Exclusion from the United States of aliens who have confiscated property of United States nationals or who traffic in such property.

SEC. 2. FINDINGS.

    The Congress makes the following findings:

      (1) The economy of Cuba has experienced a decline of at least 60 percent in the last 5 years as a result of--

        (A) the end of its subsidization by the former Soviet Union of between 5 billion and 6 billion dollars annually;

        (B) 36 years of Communist tyranny and economic mismanagement by the Castro government;

        (C) the extreme decline in trade between Cuba and the countries of the former Soviet bloc; and

        (D) the stated policy of the Russian Government and the countries of the former Soviet bloc to conduct economic relations with Cuba on strictly commercial terms.

      (2) At the same time, the welfare and health of the Cuban people have substantially deteriorated as a result of this economic decline and the refusal of the Castro regime to permit free and fair democratic elections in Cuba.

      (3) The Castro regime has made it abundantly clear that it will not engage in any substantive political reforms that would lead to democracy, a market economy, or an economic recovery.

      (4) The repression of the Cuban people, including a ban on free and fair democratic elections, and continuing violations of fundamental human rights have isolated the Cuban regime as the only completely nondemocratic government in the Western Hemisphere.

      (5) As long as free elections are not held in Cuba, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way.

      (6) The totalitarian nature of the Castro regime has deprived the Cuban people of any peaceful means to improve their condition and has led thousands of Cuban citizens to risk or lose their lives in dangerous attempts to escape from Cuba to freedom.

      (7) Radio Marti and Television Marti have both been effective vehicles for providing the people of Cuba with news and information and have helped to bolster the morale of the people of Cuba living under tyranny.

      (8) The consistent policy of the United States towards Cuba since the beginning of the Castro regime, carried out by both Democratic and Republican administrations, has sought to keep faith with the people of Cuba, and has been effective in sanctioning the totalitarian Castro regime.

      (9) The United States has shown a deep commitment, and considers it a moral obligation, to promote and protect human rights and fundamental freedoms as expressed in the Charter of the United Nations and in the Universal Declaration of Human Rights.

      (10) The Congress has historically and consistently manifested its solidarity and the solidarity of the American people with the democratic aspirations of the Cuban people.

      (11) The Cuban Democracy Act of 1992 calls upon the President to encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of that Act.

      (12) The 1992 FREEDOM Support Act requires that the President, in providing economic assistance to Russia and the emerging Eurasian democracies, take into account the extent to which they are acting to ‘terminate support for the communist regime in Cuba, including removal of troops, closing military facilities, and ceasing trade subsidies and economic, nuclear, and other assistance’.

      (13) The Cuban Government engages in the illegal international narcotics trade and harbors fugitives from justice in the United States.

      (14) The Castro government threatens international peace and security by engaging in acts of armed subversion and terrorism such as the training and supplying of groups dedicated to international violence.

      (15) The Castro government has utilized from its inception and continues to utilize torture in various forms (including by psychiatry), as well as execution, exile, confiscation, political imprisonment, and other forms of terror and repression, as means of retaining power.

      (16) Fidel Castro has defined democratic pluralism as ‘pluralistic garbage’ and continues to make clear that he has no intention of tolerating the democratization of Cuban society.

      (17) The Castro government holds innocent Cubans hostage in Cuba by no fault of the hostages themselves solely because relatives have escaped the country.

      (18) Although a signatory state to the 1928 Inter-American Convention on Asylum and the International Covenant on Civil and Political Rights (which protects the right to leave one’s own country), Cuba nevertheless surrounds embassies in its capital by armed forces to thwart the right of its citizens to seek asylum and systematically denies that right to the Cuban people, punishing them by imprisonment for seeking to leave the country and killing them for attempting to do so (as demonstrated in the case of the confirmed murder of over 40 men, women, and children who were seeking to leave Cuba on July 13, 1994).

      (19) The Castro government continues to utilize blackmail, such as the immigration crisis with which it threatened the United States in the summer of 1994, and other unacceptable and illegal forms of conduct to influence the actions of sovereign states in the Western Hemisphere in violation of the Charter of the Organization of American States and other international agreements and international law.

      (20) The United Nations Commission on Human Rights has repeatedly reported on the unacceptable human rights situation in Cuba and has taken the extraordinary step of appointing a Special Rapporteur.

      (21) The Cuban Government has consistently refused access to the Special Rapporteur and formally expressed its decision not to ‘implement so much as one comma’ of the United Nations Resolutions appointing the Rapporteur.

      (22) The United Nations General Assembly passed Resolution 1992/70 on December 4, 1992, Resolution 1993/48/142 on December 20, 1993, and Resolution 1994/49/544 on October 19, 1994, referencing the Special Rapporteur’s reports to the United Nations and condemning ‘violations of human rights and fundamental freedoms’ in Cuba.

      (23) Article 39 of Chapter VII of the United Nations Charter provides that the United Nations Security Council ‘shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken . . ., to maintain or restore international peace and security.’.

      (24) The United Nations has determined that massive and systematic violations of human rights may constitute a ‘threat to peace’ under Article 39 and has imposed sanctions due to such violations of human rights in the cases of Rhodesia, South Africa, Iraq, and the former Yugoslavia.

      (25) In the case of Haiti, a neighbor of Cuba not as close to the United States as Cuba, the United States led an effort to obtain and did obtain a United Nations Security Council embargo and blockade against that country due to the existence of a military dictatorship in power less than 3 years.

      (26) United Nations Security Council Resolution 940 of July 31, 1994, subsequently authorized the use of ‘all necessary means’ to restore the ‘democratically elected government of Haiti’, and the democratically elected government of Haiti was restored to power on October 15, 1994.

      (27) The Cuban people deserve to be assisted in a decisive manner to end the tyranny that has oppressed them for 36 years and the continued failure to do so constitutes ethically improper conduct by the international community.

      (28) For the past 36 years, the Cuban Government has posed and continues to pose a national security threat to the United States.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:

      (1) To assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democracies that are flourishing in the Western Hemisphere.

      (2) To seek international sanctions against the Castro government in Cuba.

      (3) To encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers.

      (4) To develop a plan for furnishing assistance to a transition government and, subsequently, to a democratically elected government when such governments meet the eligibility requirements of this Act.

      (5) To protect property rights abroad of United States nationals.

      (6) To provide for the continued national security of the United States in the face of continuing threats from the Castro government of terrorism, theft of property from United States nationals, and domestic repression from which refugees flee to United States shores.

SEC. 4. DEFINITIONS.

    As used in this Act, the following terms have the following meanings:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

      (2) COMMERCIAL ACTIVITY- The term ‘commercial activity’ has the meaning given that term in section 1603(d) of title 28, United States Code.

      (3) CONFISCATED- As used in titles I and III, the term ‘confiscated’ refers to--

        (A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959--

          (i) without the property having been returned or adequate and effective compensation provided; or

          (ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and

        (B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure by the Cuban Government to pay, on or after January 1, 1959--

          (i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;

          (ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or

          (iii) a debt which was incurred by the Cuban Government in satisfaction or settlement of a confiscated property claim.

      (4) CUBAN GOVERNMENT- (A) The term ‘Cuban Government’ includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.

      (B) For purposes of subparagraph (A), the term ‘agency or instrumentality of the Government of Cuba’ means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with ‘Cuba’ substituted for ‘a foreign state’ each place it appears in such section.

      (5) DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA- The term ‘democratically elected government in Cuba’ means a government determined by the President to have met the requirements of section 207.

      (6) ECONOMIC EMBARGO OF CUBA- The term ‘economic embargo of Cuba’ refers to the economic embargo imposed against Cuba pursuant to section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)), the International Emergency Economic Powers Act (50 U.S.C. 1701 and following), and the Export Administration Act of 1979 (50 U.S.C. App. 2401 and following), as modified by the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following).

      (7) FOREIGN NATIONAL- The term ‘foreign national’ means--

        (A) an alien; or

        (B) any corporation, trust, partnership, or other juridical entity not organized under the laws of the United States, or of any State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

      (8) KNOWINGLY- The term ‘knowingly’ means with knowledge or having reason to know.

      (9) PROPERTY- (A) The term ‘property’ means any property (including patents, copyrights, trademarks, and any other form of intellectual property), whether real, personal, or mixed, and any present, future, or contingent right, security, or other interest therein, including any leasehold interest.

      (B) For purposes of title III of this Act, the term ‘property’ shall not include real property used for residential purposes unless, as of the date of the enactment of this Act--

        (i) the claim to the property is owned by a United States national and the claim has been certified under title V of the International Claims Settlement Act of 1949; or

        (ii) the property is occupied by a member or official of the Cuban Government or the ruling political party in Cuba.

      (10) TRAFFICS- (A) As used in title III, a person or entity ‘traffics’ in property if that person or entity knowingly and intentionally--

        (i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property,

        (ii) engages in a commercial activity using or otherwise benefiting from confiscated property, or

        (iii) causes, directs, participates in, or profits from, trafficking (as described in clauses (i) and (ii)) by another person, or otherwise engages in trafficking (as described in clauses (i) and (ii)) through another person,

      without the authorization of the United States national who holds a claim to the property.

      (B) The term ‘traffics’ does not include--

        (i) the delivery of international telecommunication signals to Cuba that are authorized by section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); or

        (ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national.

      (11) TRANSITION GOVERNMENT IN CUBA- The term ‘transition government in Cuba’ means a government determined by the President to have met the requirements of section 206.

      (12) UNITED STATES NATIONAL- The term ‘United States national’ means--

        (A) any United States citizen; or

        (B) any other legal entity which is organized under the laws of the United States, or of any State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States, and which has its principal place of business in the United States.

TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT

SEC. 101. STATEMENT OF POLICY.

    It is the sense of the Congress that--

      (1) the acts of the Castro government, including its massive, systematic, and extraordinary violations of human rights, are a threat to international peace;

      (2) the President should advocate, and should instruct the United States Permanent Representative to the United Nations to propose and seek, within the Security Council, a mandatory international embargo against the totalitarian Cuban Government pursuant to chapter VII of the Charter of the United Nations, which is similar to measures taken by United States representatives with respect to Haiti; and

      (3) any resumption or commencement of efforts by any state to make operational the nuclear facility at Cienfuegos, Cuba, will have a detrimental impact on United States assistance to and relations with that state.

SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

    (a) POLICY- (1) The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992 that states the President should encourage foreign countries to restrict trade and credit relations with Cuba.

    (2) The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b) of that Act against countries assisting Cuba.

    (b) DIPLOMATIC EFFORTS- The Secretary of State shall ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for the United States economic embargo of Cuba, and are urging foreign governments to cooperate more effectively with the embargo.

    (c) EXISTING REGULATIONS- The President should instruct the Secretary of the Treasury and the Attorney General to enforce fully the Cuban Assets Control Regulations set forth in part 515 of title 31, Code of Federal Regulations.

    (d) TRADING WITH THE ENEMY ACT-

      (1) CIVIL PENALTIES- Subsection (b) of section 16 of the Trading With the Enemy Act (50 U.S.C. App. 16(b)) is amended to read as follows:

    ‘(b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this Act.

    ‘(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the discretion of the Secretary of the Treasury, be forfeited to the United States Government.

    ‘(3) The penalties provided under this subsection may not be imposed for--

      ‘(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

      ‘(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.

    ‘(4) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, United States Code, with the right to prehearing discovery.

    ‘(5) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5, United States Code.’.

      (2) FORFEITURE OF PROPERTY USED IN VIOLATION- Section 16 of the Trading With the Enemy Act is further amended by striking subsection (c).

      (3) CLERICAL AMENDMENT- Section 16 of the Trading With the Enemy Act is further amended by inserting ‘SEC. 16.’ before ‘(a)’.

    (e) COVERAGE OF DEBT-FOR-EQUITY SWAPS BY ECONOMIC EMBARGO OF CUBA- Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)) is amended--

      (1) by striking ‘and’ at the end of subparagraph (A);

      (2) by redesignating subparagraph (B) as subparagraph (C); and

      (3) by inserting after subparagraph (A) the following new subparagraph:

        ‘(B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and’; and

      (4) by adding at the end the following flush sentence:

      ‘As used in this paragraph, the term ‘agency or instrumentality of the Government of Cuba’ means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with ‘Cuba’ substituted for ‘a foreign state’ each place it appears in such section.’.

SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF THE CASTRO DICTATORSHIP.

    (a) PROHIBITION- Notwithstanding any other provision of law, no loan, credit, or other financing may be extended knowingly by a United States national, permanent resident alien, or United States agency, to a foreign national, United States national, or permanent resident alien, in order to finance transactions involving any confiscated property the claim to which is owned by a United States national as of the date of the enactment of this Act.

    (b) TERMINATION OF PROHIBITION- The prohibition of subsection (a) shall cease to apply on the date on which the economic embargo of Cuba terminates under section 205.

    (c) PENALTIES- Violations of subsection (a) shall be punishable by the same penalties as are applicable to violations of the Cuban Assets Control Regulations set forth in part 515 of title 31, Code of Federal Regulations.

    (d) DEFINITIONS- As used in this section--

      (1) the term ‘permanent resident alien’ means an alien admitted for permanent residence into the United States; and

      (2) the term ‘United States agency’ has the meaning given the term ‘agency’ in section 551(1) of title 5, United States Code.

SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) CONTINUED OPPOSITION TO CUBAN MEMBERSHIP IN INTERNATIONAL FINANCIAL INSTITUTIONS- (1) Except as provided in paragraph (2), the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose the admission of Cuba as a member of that institution until the President submits a determination under section 203(c)(3) that a democratically elected government in Cuba is in power.

    (2) Once the President submits a determination under section 203(c)(1) that a transition government in Cuba is in power, the President is encouraged to take steps to support the processing of Cuba’s application for membership in any international financial institution, subject to the membership taking effect after a democratically elected government in Cuba is in power.

    (b) REDUCTION IN UNITED STATES PAYMENTS TO INTERNATIONAL FINANCIAL INSTITUTIONS- If any international financial institution approves a loan or other assistance to the Cuban Government over the opposition of the United States, then the Secretary of the Treasury shall withhold from payment to that institution an amount equal to the amount of the loan or other assistance to the Cuban Government, with respect to each of the following types of payment:

      (1) The paid-in portion of the increase in capital stock of the institution.

      (2) The callable portion of the increase in capital stock of the institution.

    (c) DEFINITION- For purposes of this section, the term ‘international financial institution’ means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the Inter-American Development Bank.

SEC. 105. UNITED STATES OPPOSITION TO ENDING THE SUSPENSION OF THE GOVERNMENT OF CUBA FROM THE ORGANIZATION OF AMERICAN STATES.

    The President should instruct the United States Permanent Representative to the Organization of American States to use the voice and vote of the United States to oppose ending the suspension of the Government of Cuba from the Organization until the President determines under section 203(c)(3) that a democratically elected government in Cuba is in power.

SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET UNION FOR THE CUBAN GOVERNMENT.

    (a) REPORTING REQUIREMENT- Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report detailing progress towards the withdrawal of personnel of any independent state of the former Soviet Union (within the meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 5801)), including advisers, technicians, and military personnel, from the Cienfuegos nuclear facility in Cuba.

    (b) CRITERIA FOR ASSISTANCE- Section 498A(a)(11) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is amended by striking ‘of military facilities’ and inserting ‘military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos’.

    (c) INELIGIBILITY FOR ASSISTANCE- (1) Section 498A(b) of that Act (22 U.S.C. 2295a(b)) is amended--

      (A) by striking ‘or’ at the end of paragraph (4);

      (B) by redesignating paragraph (5) as paragraph (6); and

      (C) by inserting after paragraph (4) the following:

      ‘(5) for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section 498B(k)(3)) with, the Cuban Government; or’.

    (2) Subsection (k) of section 498B of that Act (22 U.S.C. 2295b(k)), is amended by adding at the end the following:

      ‘(3) NONMARKET BASED TRADE- As used in section 498A(b)(5), the term ‘nonmarket based trade’ includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil and other petroleum products) on terms more favorable than those generally available in applicable markets or for comparable commodities, including--

        ‘(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;

        ‘(B) imports from the Cuban Government at preferential tariff rates;

        ‘(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Cuban Government is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and

        ‘(D) the exchange, reduction, or forgiveness of Cuban debt in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.

      ‘(4) CUBAN GOVERNMENT- (A) The term ‘Cuban Government’ includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.

      ‘(B) For purposes of subparagraph (A), the term ‘agency or instrumentality of the Government of Cuba’ means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with ‘Cuba’ substituted for ‘a foreign state’ each place it appears in such section.’.

    (d) FACILITIES AT LOURDES, CUBA- (1) The Congress expresses its strong disapproval of the extension by Russia of credits equivalent to approximately $200,000,000 in support of the intelligence facility at Lourdes, Cuba, in November 1994.

    (2) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended by adding at the end the following new subsection:

    ‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT OF INTELLIGENCE FACILITIES IN CUBA- (1) Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after the date of the enactment of this subsection, for an independent state of the former Soviet Union under this chapter an amount equal to the sum of assistance and credits, if any, provided on or after such date by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.

    ‘(2)(A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government.

    ‘(B) At the time of a certification made with respect to Russia pursuant to subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility.

    ‘(C) The report required by subparagraph (B) may be submitted in classified form.

    ‘(D) For purposes of this paragraph, the term ‘appropriate congressional committees’ includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

    ‘(3) The requirement of paragraph (1) to withhold assistance shall not apply with respect to--

      ‘(A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;

      ‘(B) democratic political reform and rule of law activities;

      ‘(C) technical assistance for safety upgrades of civilian nuclear power plants;

      ‘(D) the creation of private sector and nongovernmental organizations that are independent of government control;

      ‘(E) the development of a free market economic system; and

      ‘(F) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160).’.

SEC. 107. TELEVISION BROADCASTING TO CUBA.

    (a) CONVERSION TO UHF- The Director of the United States Information Agency shall implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency (UHF) broadcasting.

    (b) PERIODIC REPORTS- Not later than 45 days after the date of the enactment of this Act, and every three months thereafter until the conversion described in subsection (a) is fully implemented, the Director of the United States Information Agency shall submit a report to the appropriate congressional committees on the progress made in carrying out subsection (a).

    (c) TERMINATION OF BROADCASTING AUTHORITIES- Upon transmittal of a determination under section 203(c)(3), the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed.

SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA FROM OTHER FOREIGN COUNTRIES.

    (a) REPORTS REQUIRED- Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall submit a report to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries during the preceding 12-month period.

    (b) CONTENTS OF REPORTS- Each report required by subsection (a) shall, for the period covered by the report, contain the following, to the extent such information is known:

      (1) A description of all bilateral assistance provided to Cuba by other foreign countries, including humanitarian assistance.

      (2) A description of Cuba’s commerce with foreign countries, including an identification of Cuba’s trading partners and the extent of such trade.

      (3) A description of the joint ventures completed, or under consideration, by foreign nationals involving facilities in Cuba, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved.

      (4) A determination whether or not any of the facilities described in paragraph (3) is the subject of a claim by a United States national.

      (5) A determination of the amount of Cuban debt owed to each foreign country, including--

        (A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals; and

        (B) the amount of debt owed to the foreign country that has been exchanged, reduced, or forgiven in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.

      (6) A description of the steps taken to ensure that raw materials and semifinished or finished goods produced by facilities in Cuba involving foreign nationals do not enter the United States market, either directly or through third countries or parties.

      (7) An identification of countries that purchase, or have purchased, arms or military supplies from the Cuban Government or that otherwise have entered into agreements with the Cuban Government that have a military application, including--

        (A) a description of the military supplies, equipment, or other materiel sold, bartered, or exchanged between the Cuban Government and such countries;

        (B) a listing of the goods, services, credits, or other consideration received by the Cuban Government in exchange for military supplies, equipment, or materiel; and

        (C) the terms or conditions of any such agreement.

SEC. 109. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.

    (a) STATEMENT OF POLICY-

      (1) The Congress reaffirms section 515.204 of title 31, Code of Federal Regulations, that prohibits the importation of and dealings in merchandise outside the United States that--

        (A) is of Cuban origin,

        (B) is or has been located in or transported from or through Cuba, or

        (C) is made or derived in whole or in part from any article which is the growth, produce, or manufacture of Cuba.

      (2) The Congress reaffirms that United States accession to the North American Free Trade Agreement does not modify or alter the United States sanctions against Cuba, noting that the statement of administrative action accompanying that trade agreement specifically states the following:

        (A) ‘The NAFTA rules of origin will not in any way diminish the Cuban sanctions program. . . . Nothing in the NAFTA would operate to override this prohibition.’.

        (B) ‘Article 309(3) (of the NAFTA) permits the United States to ensure that Cuban products or goods made from Cuban materials are not imported into the United States from Mexico or Canada and that United States products are not exported to Cuba through those countries.’.

      (3) The Congress notes that section 902(c) the Food Security Act of 1985 (Public Law 99-198) required the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless that country can verify to the President that any imports of sugar produced in Cuba are not reexported to the United States.

      (4) Protection of essential security interests of the United States requires enhanced assurances that sugar products imported into the United States are not products of Cuba.

    (b) IN GENERAL- (1) Notwithstanding any other provision of law, no sugar or sugar product shall enter or be imported into the United States unless the exporter of the sugar or sugar product to the United States has certified, to the satisfaction of the Secretary of the Treasury, that the sugar or sugar product is not a product of Cuba.

    (2) If the exporter described in paragraph (1) is not the producer of the sugar or sugar product, the exporter may certify the origin of the sugar or sugar product on the basis of--

      (A) its reasonable reliance on the producer’s written representations as to the origin of the sugar or sugar product; or

      (B) a certification of the origin of the sugar or sugar product by its producer, that is voluntarily provided to the exporter by the producer.

    (c) CERTIFICATION- The Secretary of the Treasury shall prescribe the form, content, and manner of submission of the certification (including documentation) required in connection with the entry or importation into the United States of sugar or sugar products, in order to ensure the strict enforcement of this section. Such certification shall be in a form sufficient to satisfy the Secretary that the exporter has taken steps to ensure that it is not exporting to the United States sugar or sugar products that are a product of Cuba.

    (d) PENALTIES-

      (1) UNLAWFUL ACTS- It is unlawful to--

        (A) enter or import into the United States any product or article if such importation is prohibited under subsection (b), or

        (B) make a false certification under subsection (c).

      (2) FORFEITURE- Any person or entity that violates paragraph (1) shall forfeit to the United States--

        (A) in the case of a violation of paragraph (1)(A), the goods imported or entered in violation of paragraph (1)(A), and

        (B) in the case of a violation of paragraph (1)(B), the goods imported or entered pursuant to the false certification that is the subject of the violation.

      (3) ENFORCEMENT- The Customs Service may exercise the authorities it has under sections 581 through 641 of the Tariff Act of 1930 (19 U.S.C. 1581 through 1641) in order to carry out paragraph (2).

    (e) REPORTS TO CONGRESS- The Secretary of the Treasury shall report to the Congress on any unlawful acts and penalties imposed under subsection (d).

    (f) PUBLICATION OF LISTS OF VIOLATORS- (1) The Secretary of the Treasury shall publish in the Federal Register, not later than March 31 and September 30 of each year, a list containing the name of any person or entity located outside the customs territory of the United States whose acts result in a violation of paragraph (1)(A) of subsection (d) or who violate paragraph (1)(B) of subsection (d).

    (2) Any person or entity whose name has been included in a list published under paragraph (1) may petition the Secretary to be removed from such list. If the Secretary finds that such person or entity has not committed any violations described in paragraph (1) for a period of not less than 1 year after the date on which the name of the person or entity was so published, the Secretary shall remove such person from the list as of the next publication of the list under paragraph (1).

    (g) DEFINITIONS- For purposes of this section:

      (1) ENTER, IMPORT, ETC- The terms ‘entry’, ‘enter or be imported’, ‘import’, and ‘importation’ into the United States mean entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.

      (2) PRODUCT OF CUBA- The term ‘product of Cuba’ means a product that--

        (A) is of Cuban origin,

        (B) is or has been located in or transported from or through Cuba, or

        (C) is made or derived in whole or in part from any article which is the growth, produce, or manufacture of Cuba.

      (3) SUGAR, SUGAR PRODUCT- The terms ‘sugar’ and ‘sugar product’ mean sugars, syrups, molasses, or products with sugar content in excess of 35 percent.

SEC. 110. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS GROUPS AND INTERNATIONAL 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 comparable notification requirements contained in any Act making appropriations for foreign operations, export financing, and related programs, the President is authorized to furnish assistance and provide other support for individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba, including the following:

      (1) Published and informational matter, such as books, videos, and cassettes, on transitions to democracy, human rights, and market economies, to be made available to independent democratic groups in Cuba.

      (2) Humanitarian assistance to victims of political repression, and their families.

      (3) Support for democratic and human rights groups in Cuba.

      (4) Support for visits and permanent deployment of independent international human rights monitors in Cuba.

    (b) OAS EMERGENCY FUND- (1) The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers, election support, and election observation in Cuba.

    (2) The President should instruct the United States Permanent Representative to the Organization of American States to encourage other member states of the Organization to join in calling for the Cuban Government to allow the immediate deployment of independent human rights 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 Assistance Act of 1961 (22 U.S.C. 2227) or any other provision of law limiting the United States proportionate share of assistance to Cuba by any international organization, the President should provide not less than $5,000,000 of the voluntary contributions of the United States to the Organization of American States as of the date of the enactment of this Act solely for the purposes of the special fund referred to in paragraph (1).

SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES SUPPORTING NUCLEAR PLANT IN CUBA.

    (a) FINDINGS- The Congress makes the following findings:

      (1) President Clinton stated in April 1993 that ‘the United States opposes the construction of the Juragua nuclear power plant because of our concerns about Cuba’s ability to ensure the safe operation of the facility and because of Cuba’s refusal to sign the Nuclear Non-Proliferation Treaty or ratify the Treaty of Tlatelolco.’.

      (2) Cuba has not signed the Treaty on the Non-Proliferation of Nuclear Weapons or ratified the Treaty of Tlatelolco, the latter of which establishes Latin America and the Caribbean as a nuclear weapons-free zone.

      (3) The State Department, the Nuclear Regulatory 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 Cienfuegos, Cuba, including--

        (A) a lack in Cuba of a nuclear regulatory structure;

        (B) the absence in Cuba of an adequate infrastructure to ensure the plant’s safe operation and requisite maintenance;

        (C) the inadequacy of training of plant operators;

        (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 percent of those sites were defective;

        (E) since September 5, 1992, when construction on the plant was halted, the prolonged exposure to the elements, including corrosive salt water vapor, of the primary reactor components; and

        (F) the possible inadequacy of the upper portion of the reactors’ dome retention capability to withstand only 7 pounds of pressure per square inch, given that normal atmospheric pressure is 32 pounds per square inch and United States reactors are designed to accommodate pressures of 50 pounds per square inch.

      (5) The United States Geological Survey claims that it had difficulty determining answers to specific questions regarding earthquake activity in the area near Cienfuegos because the Cuban Government was not forthcoming with information.

      (6) The Geological Survey has indicated that the Caribbean plate, a geological formation near the south coast of Cuba, may pose seismic risks to Cuba and the site of the power plant, and may produce large to moderate earthquakes.

      (7) On May 25, 1992, the Caribbean plate produced an earthquake numbering 7.0 on the Richter scale.

      (8) According to a study by the National Oceanic and Atmospheric Administration, summer winds could carry radioactive pollutants from a nuclear 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 Washington, D.C.

      (9) The Cuban Government, under dictator Fidel Castro, in 1962 advocated the Soviets’ launching of nuclear missiles to the United States, which represented a direct and dangerous provocation of the United States and brought the world to the brink of a nuclear conflict.

      (10) Fidel Castro over the years has consistently issued threats against the United States Government, most recently that he would unleash another perilous mass migration from Cuba upon the enactment of this Act.

      (11) Despite the various concerns about the plant’s safety and operational problems, a feasibility study is being conducted that would establish a support group to include Russia, Cuba, and third countries 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 enactment 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.

      (2) EXCEPTIONS- The requirement of paragraph (1) to withhold assistance shall not apply with respect to--

        (A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;

        (B) democratic political reform and rule of law activities;

        (C) the creation of private sector and nongovernmental organizations that are independent of government control;

        (D) the development of a free market economic 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 Assistance Act of 1954, assistance under the FREEDOM Support Act of 1992, and any other program of assistance or credits provided by the United States to other countries under other provisions of law, except that the term ‘assistance’ does not include humanitarian assistance, including disaster relief assistance.

SEC. 112. EXPULSION OF CRIMINALS FROM CUBA.

    The President shall instruct all United States Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States all persons residing in Cuba who are sought by the United States Department 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 GOVERNMENT IN CUBA.

    The policy of the United States is as follows:

      (1) To support the self-determination of the Cuban people.

      (2) To recognize that the self-determination of the Cuban people is a sovereign and national right of the citizens of Cuba which must be exercised free of interference by the government of any other country.

      (3) To encourage the Cuban people to empower themselves with a government which reflects the self-determination of the Cuban people.

      (4) To recognize the potential for a difficult transition from the current regime in Cuba that may result from the initiatives taken by the Cuban people for self-determination in response to the intransigence of the Castro regime in not allowing any substantive political or economic reforms, and to be prepared to provide the Cuban people with humanitarian, developmental, and other economic assistance.

      (5) In solidarity with the Cuban people, to provide appropriate forms of assistance--

        (A) to a transition government in Cuba;

        (B) to facilitate the rapid movement from such a transition government to a democratically elected government in Cuba that results from an expression of the self-determination of the Cuban people; and

        (C) to support such a democratically elected government.

      (6) Through such assistance, to facilitate a peaceful transition to representative democracy and a market economy in Cuba and to consolidate democracy 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 organizations, or through United States, international, or indigenous nongovernmental organizations.

      (8) To encourage other countries and multilateral organizations to provide similar assistance, and to work cooperatively with such countries and organizations 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 government in Cuba.

      (10) Not to provide favorable treatment or influence on behalf of any individual or entity in the selection by the Cuban people of their future government.

      (11) To assist a transition government in Cuba and a democratically elected government in Cuba to prepare the Cuban military forces for an appropriate role in a democracy.

      (12) To be prepared to enter into negotiations with a democratically elected government in Cuba either 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 organizations when the President determines that there exists a democratically elected government in Cuba.

      (14) To take steps to remove the economic embargo of Cuba when the President determines that a transition to a democratically elected government in Cuba has begun.

      (15) To assist a democratically elected government in Cuba to strengthen and stabilize its national currency.

      (16) To pursue the extension of free trade arrangements to a free, democratic, and independent Cuba or to seek the creation of an economic community with a free, democratic, and independent Cuba.

SEC. 202. AUTHORIZATION OF ASSISTANCE FOR THE CUBAN PEOPLE.

    (a) AUTHORIZATION-

      (1) IN GENERAL- The President shall develop a plan for providing economic assistance to Cuba at such time as the President determines that a transition government or a democratically elected government in Cuba (as determined under section 203(c)) is in power.

      (2) EFFECT ON OTHER LAWS- Assistance may be provided under this section notwithstanding any other provision of law, except for--

        (A) this Act;

        (B) section 620(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)(2)); and

        (C) section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) and comparable notification requirements contained in any Act making appropriations for foreign operations, export financing, and related programs.

    (b) PLAN FOR ASSISTANCE-

      (1) DEVELOPMENT OF PLAN- The President shall develop a plan for providing assistance under this section--

        (A) to Cuba when a transition government in Cuba is in power; and

        (B) to Cuba when a democratically elected government in Cuba is in power.

      (2) TYPES OF ASSISTANCE- Assistance under the plan developed under paragraph (1) shall include the following:

        (A) TRANSITION GOVERNMENT- (i) Except as provided in clause (ii), assistance to Cuba under a transition government shall be limited to--

          (I) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the Cuban people; and

          (II) assistance described in subparagraph (C).

        (ii) Assistance to a transition government in Cuba may include assistance for activities comparable to those set forth in section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) (other than paragraph (9) of such section).

        (iii) Only after a transition government in Cuba is in power, remittances by individuals to their relatives of cash or goods, as well as freedom to travel to visit them without any restrictions, shall be permitted.

        (B) DEMOCRATICALLY ELECTED GOVERNMENT- Assistance to a democratically elected government in Cuba shall consist of additional economic assistance, together with assistance described in subparagraph (C). Such economic assistance may include--

          (i) assistance under chapter 1 of part I (relating to development assistance), and chapter 4 of part II (relating to the economic support fund), of the Foreign Assistance Act of 1961;

          (ii) assistance under the Agricultural Trade Development and Assistance Act of 1954;

          (iii) financing, guarantees, and other forms of assistance provided by the Export-Import Bank of the United States;

          (iv) financial support provided by the Overseas Private Investment Corporation for investment projects in Cuba;

          (v) assistance provided by the Trade and Development Agency;

          (vi) Peace Corps programs;

          (vii) relief of Cuba’s external debt; and

          (viii) other appropriate assistance to carry out the policy of section 201.

        (C) MILITARY ADJUSTMENT ASSISTANCE- Assistance to a transition government in Cuba and to a democratically elected government in Cuba shall also include assistance in preparing the Cuban military forces to adjust to an appropriate role in a democracy.

    (c) STRATEGY FOR DISTRIBUTION- The plan developed under subsection (b) shall include a strategy for distributing assistance under the plan.

    (d) DISTRIBUTION- Assistance under the plan developed under subsection (b) shall be provided through United States Government organizations and nongovernmental organizations and private and voluntary organizations, whether within or outside the United States, including 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 transition government in Cuba, and to a democratically elected government in Cuba, assistance comparable to that provided by the United States under this Act; and

      (2) to work with such countries, institutions, and organizations to coordinate all such assistance programs.

    (f) CARIBBEAN BASIN INITIATIVE- (1) The President shall determine, as part of the assistance plan developed under subsection (b), whether or not to designate Cuba as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act.

    (2) Any designation of Cuba as a beneficiary country under section 212 of such Act may only be made after a democratically elected government in Cuba is in power. Such designation may be made notwithstanding any other provision of law.

    (3) The table contained in section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting ‘Cuba’ between ‘Costa Rica’ and ‘Dominica’.

    (g) TRADE AGREEMENTS AND INVESTMENT- The President, upon transmittal to Congress of a determination under section 203(c)(3) that a democratically elected government in Cuba is in power--

      (1) shall take the necessary steps to extend nondiscriminatory trade treatment (most-favored-nation treatment) to the products of Cuba;

      (2) shall take the necessary steps to enter into a preliminary agreement with such government in Cuba providing for extension of the North American Free Trade Agreement to a free and independent Cuba or to seek the creation of an economic community with a free, democratic, and independent Cuba;

      (3) is authorized to enter into negotiations with a democratically elected government in Cuba to provide for the extension of the North American Free Trade Agreement to Cuba or to seek the creation of an economic community with a free, democratic, and independent Cuba; and

      (4) is authorized to take such other steps as will encourage renewed investment in Cuba.

    (h) COMMUNICATION WITH THE CUBAN PEOPLE- The President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section.

    (i) REPORT TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report describing in detail the plan developed under this section.

SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS TO CONGRESS; REPROGRAMMING.

    (a) COORDINATING OFFICIAL- The President shall designate a coordinating official who shall be responsible for--

      (1) implementing the strategy for distributing assistance described in section 202(b);

      (2) ensuring the speedy and efficient distribution of such assistance; and

      (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance described in section 202(b), including resolving any disputes among such agencies.

    (b) UNITED STATES-CUBA COUNCIL- Upon making a determination under subsection (c)(3) that a democratically elected government in Cuba is in power, the President, after consultation with the coordinating official, is authorized to designate a United States-Cuba council--

      (1) to ensure coordination between the United States Government and the private sector in responding to change in Cuba, and in promoting market-based development in Cuba; and

      (2) to establish periodic meetings between representatives of the United States and Cuban private sectors for the purpose of facilitating bilateral trade.

    (c) IMPLEMENTATION OF PLAN; REPORTS TO CONGRESS-

      (1) IMPLEMENTATION WITH RESPECT TO TRANSITION GOVERNMENT- Upon making a determination that a transition government in Cuba is in power, the President shall transmit that determination to the appropriate congressional committees and shall, subject to the availability of appropriations, commence the delivery and distribution of assistance to such transition government under the plan developed under section 202(b).

      (2) REPORTS TO CONGRESS- (A) The President 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 accordance 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 President shall transmit the report in preliminary form not later than 15 days after making that determination.

      (3) IMPLEMENTATION WITH RESPECT TO DEMOCRATICALLY ELECTED GOVERNMENT- The President shall, upon determining that a democratically elected government in Cuba is in power, submit that determination to the appropriate congressional committees and shall, subject to the availability of appropriations, commence the delivery and distribution 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 congressional committees a report on the assistance provided under the plan developed under section 202(b), including a description of each type of assistance, 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 assistance to be provided under the plan developed under section 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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the President such sums as may be necessary to carry out this title.

SEC. 205. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

    (a) PRESIDENTIAL ACTIONS- Upon submitting a determination to the appropriate congressional committees under section 203(c)(1) that a transition government in Cuba is in power, the President, after consulting with the Congress, is authorized to take steps to suspend the economic embargo of Cuba to the extent that such action contributes 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 ‘Republic 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 congressional committees under section 203(c)(3) that a democratically elected government in Cuba is in power, the President shall take steps to terminate the economic embargo of Cuba.

    (d) CONFORMING AMENDMENTS- On the date on which the President submits a determination under section 203(c)(3)--

      (1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed;

      (2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) is amended by striking ‘Republic of Cuba’;

      (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; and

      (4) section 902(c) of the Food Security Act of 1985 is repealed.

    (e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO-

      (1) REVIEW- If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 203(c)(3) that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described 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 follows: ‘That the Congress disapproves the action of the President under section 205(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on XX.’, with the blank space being filled with the appropriate date.

      (3) REFERRAL TO COMMITTEES- Joint resolutions 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 Foreign 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.

      (B) For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee 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. 206. REQUIREMENTS FOR A TRANSITION GOVERNMENT.

    For purposes of this Act, a transition government in Cuba is a government in Cuba which--

      (1) is demonstrably in transition from communist totalitarian dictatorship to representative democracy;

      (2) has recognized the right to independent political activity and association;

      (3) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;

      (4) has ceased any interference with Radio or Television Marti broadcasts;

      (5) makes public commitments to and is making demonstrable progress in--

        (A) establishing an independent judiciary;

        (B) dissolving the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense 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 within 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, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and

          (iii) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other elections monitors;

        (F) assuring the right to private property;

        (G) taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property;

        (H) granting permits to privately owned telecommunications and media companies to operate in Cuba; and

        (I) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations;

      (6) does not include Fidel Castro or Raul Castro;

      (7) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people;

      (8) permits the deployment throughout Cuba of independent and unfettered international human rights monitors; and

      (9) has extradited or otherwise rendered to the United States all persons sought by the United States Department of Justice for crimes committed in the United States.

SEC. 207. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT.

    For purposes of this Act, a democratically elected government in Cuba, in addition to continuing to comply with the requirements of section 206, is a government in Cuba which--

      (1) results from free and fair elections conducted under the supervision of internationally recognized observers;

      (2) has permitted opposition parties ample time to organize and campaign for such elections, and has permitted full access to the media to all candidates in the elections;

      (3) is showing respect for the basic civil liberties and human rights of the citizens of Cuba;

      (4) has made demonstrable progress in establishing an independent judiciary;

      (5) is substantially moving toward a market-oriented economic system;

      (6) is committed to making constitutional changes that would ensure regular free and fair elections that meet the requirements of paragraph (2); and

      (7) has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or providing full compensation for such property in accordance with international law standards and practice.

TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME

SEC. 301. STATEMENT OF POLICY.

    The Congress makes the following findings:

      (1) The right of individuals to hold and enjoy property is a fundamental right recognized by the United States Constitution and international human rights law, including the Universal Declaration of Human Rights.

      (2) The illegal confiscation or taking of property by governments, and the acquiescence of governments in the confiscation of property by their citizens, 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 nationals of other countries.

      (4) Nations that provide an effective mechanism for prompt, adequate, and fair compensation for the confiscation of private property will continue to have the support of the United States.

      (5) The United States Government has an obligation to its citizens to provide protection against illegal confiscation by foreign nations and their citizens, 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 citizens.

      (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 property and allows for the unjust enrichment from the use of confiscated property by governments and private entities at the expense of those who hold legal claim to the property.

      (9) The development of an international mechanism sanctioning those governments and private entities that confiscate and unjustly use private property so confiscated should be a priority objective of United States foreign policy.

SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CONFISCATED 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 confiscated property shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of--

        (i) the amount which is the greater of--

          (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest;

          (II) the amount determined under section 303(a)(2), plus interest; or

          (III) the fair market value of that property, calculated as being the then current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and

        (ii) reasonable costs and attorneys’ fees.

      (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of the confiscation of the property involved to the date on which the action is brought under this subsection.

      (2) PRESUMPTION IN FAVOR OF CERTIFIED CLAIMS- There shall be a presumption that the amount for which a person, including any agency or instrumentality of a foreign state in the conduct of a commercial activity, is liable under clause (i) of paragraph (1)(A) is the amount that is certified under subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause.

      (3) INCREASED LIABILITY FOR PRIOR NOTICE- Except as provided in paragraph (4), any person, including any agency or instrumentality of a foreign state in the conduct of a commercial activity, that traffics in confiscated property after having received--

        (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 determined 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 confiscated before, on, or after the date of the enactment of this Act.

      (B) In the case of property confiscated before the date of the enactment of this Act, no United States national may bring an action under this section 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 United States national who acquired ownership of a claim to confiscated property by assignment for value after such date of enactment may bring an action on the claim under this section.

      (5) TREATMENT OF CERTAIN ACTIONS- (A) In the case of any action brought under this section by a United States national who was eligible to file the underlying claim in the action with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but did not so file the claim, the court may hear the case only if the court determines that the United States national had good cause for not filing the claim.

      (B) In the case of any action brought under this section by a United States national whose claim in the action was timely filed with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but was denied by the Commission, the court may assess the basis for the denial and may accept the findings of the Commission on the claim as conclusive in the action under this section unless good cause justifies another result.

      (6) INAPPLICABILITY OF ACT OF STATE DOCTRINE- No court of the United States shall decline, based upon the act of state doctrine, to make a determination on the merits in an action brought under paragraph (1).

    (b) DEFINITION- As used in this subsection, the term ‘agency or instrumentality of a foreign state’ has the meaning given that term in section 1603(b) of title 28, United States Code.

    (c) JURISDICTION-

      (1) IN GENERAL- Chapter 85 of title 28, United States Code, is amended by inserting after section 1331 the following new section:

‘Sec. 1331a. Civil actions involving confiscated property

    ‘The district courts shall have exclusive jurisdiction of any action brought under section 302 of the Cuban Liberty 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 EXECUTION- Section 1611 of title 28, United States Code, is amended by adding at the end the following:

    ‘(c) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to the extent the property is a facility or installation used by an accredited diplomatic mission for official purposes.’.

    (e) ELECTION OF REMEDIES-

      (1) ELECTION- Subject to paragraph (2)--

        (A) any United States national that brings an action under this section may not bring any other civil action or proceeding under the common law, Federal law, or the law of any of the several States, the District of Columbia, or any territory or possession of the United States, that seeks monetary or nonmonetary compensation by reason of the same subject matter; and

        (B) any person who brings, under the common law or any provision of law other than this section, a civil action or proceeding for monetary or nonmonetary compensation arising out of a claim for which an action would otherwise be cognizable under this section may not bring an action under this section on that claim.

      (2) TREATMENT OF CERTIFIED CLAIMANTS- In the case of any United States national that brings an action under this section based on a claim certified under title V of the International Claims Settlement Act of 1949--

        (A) if the recovery in the action is equal to or greater than the amount of the certified claim, the United States national may not receive payment on the claim under any agreement entered into between the United States and Cuba settling claims covered by such title, and such national shall be deemed to have discharged the United States from any further responsibility to represent the United States national with respect to that claim;

        (B) if the recovery in the action is less than the amount of the certified claim, the United States national may receive payment under a claims agreement described in subparagraph (A) but only to the extent of the difference between the amount of the recovery and the amount of the certified claim; and

        (C) if there is no recovery in the action, the United States national may receive payment on the certified claim under a claims agreement described in subparagraph (A) to the same extent as any certified claimant who does not bring an action under this section.

    (f) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER CLAIMS AGREEMENT- Any amounts paid by Cuba under any agreement entered into between the United States and Cuba settling certified claims under title V of the International 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 transmittal to the Congress of a determination of the President under section 203(c)(3).

      (2) PENDING SUITS- The termination of rights under paragraph (1) shall not affect suits commenced before the date of such termination, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted.

SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

    (a) EVIDENCE OF OWNERSHIP-

      (1) CONCLUSIVENESS OF CERTIFIED CLAIMS- In any action brought under this title, the courts shall accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to

title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following).

      (2) CLAIMS NOT CERTIFIED- In the case of a claim that has not been certified by the Foreign Claims Settlement Commission before the enactment of this Act, a court may appoint a special master, including the Foreign Claims Settlement Commission, to make determinations regarding the amount and validity of claims to ownership of confiscated property. Such determinations are only for evidentiary purposes in civil actions brought under this title and do not constitute certifications pursuant to title V of the International Claims Settlement Act of 1949.

      (3) EFFECT OF DETERMINATIONS OF FOREIGN ENTITIES- In determining ownership, courts shall not accept as conclusive evidence of ownership any findings, orders, judgments, or decrees from administrative agencies or courts of foreign countries or international organizations that invalidate the claim held by a United States national, unless the invalidation was found pursuant to binding international arbitration to which United States national submitted the claim.

    (b) AMENDMENT OF THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949- Title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following) is amended by adding at the end the following new section:

‘EVALUATION OF OWNERSHIP CLAIMS REFERRED BY DISTRICT COURTS OF THE UNITED STATES

    ‘SEC. 514. Notwithstanding any other provision of this title and only for purposes of section 302 of the Cuban Liberty and Solidarity (LIBERTAD) Act, a United States district court, for fact-finding purposes, may refer to the Commission, and the Commission may determine, questions of the amount and ownership of a claim by a United States national (as defined in section 4 of the Cuban Liberty and Solidarity (LIBERTAD) Act) resulting from the confiscation of property by the Government of Cuba 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.’.

    (c) RULE OF CONSTRUCTION- Nothing in this Act or section 514 of the International Claims Settlement Act of 1949, as added by subsection (b), shall be construed--

      (1) to require or otherwise authorize the claims of Cuban nationals who became United States citizens after their property was confiscated to be included in the claims certified to the Secretary of State by the Foreign Claims Settlement Commission for purposes of future negotiation and espousal of claims with a friendly government in Cuba when diplomatic relations are restored; or

      (2) as superseding, amending, or otherwise altering 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 under that section, nor any national of the United States (on the date of the enactment of this section) who was not eligible to file a claim under that section, nor any national of Cuba, including any agency, instrumentality, subdivision, or enterprise of the Government of Cuba or any local government of Cuba in place on the date of the enactment of this section, nor any successor thereto, whether or not recognized by the United States, shall have a claim to, participate in, or otherwise have an interest in, the compensation proceeds or other nonmonetary compensation paid or allocated to a national of the United States by virtue of a claim certified by the Commission under section 507, nor shall any court of the United States or any State court have jurisdiction to adjudicate any such claim.

    ‘(b) Nothing in subsection (a) shall be construed to detract from or otherwise affect any rights in the shares of the capital stock of nationals of the United States owning claims certified by the Commission under section 507.’.

TITLE IV--EXCLUSION OF CERTAIN ALIENS

SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR WHO TRAFFIC IN SUCH PROPERTY.

    (a) GROUNDS FOR EXCLUSION- The Secretary of State, in consultation with the Attorney General, shall exclude from the United States any alien who the Secretary of State determines is a person who--

      (1) has confiscated, or has directed or overseen the confiscation of, property a claim to which is owned by a United States national, or converts or has converted for personal gain confiscated property, a claim to which is owned by a United States national;

      (2) traffics in confiscated property, a claim to which is owned by a United States national;

      (3) is a corporate officer, principal, or shareholder with a controlling interest of an entity which has been involved in the confiscation of property or trafficking in confiscated property, a claim to which is owned by a United States national; or

      (4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).

    (b) DEFINITIONS- As used in this section, the following 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 compensation provided; or

          (ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and

        (B) the repudiation by foreign governmental authority of, the default by foreign governmental authority on, or the failure by foreign governmental authority to pay, on or after January 1, 1959--

          (i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by foreign governmental authority;

          (ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by foreign governmental authority; or

          (iii) a debt which was incurred by foreign governmental authority in satisfaction or settlement of a confiscated property claim.

      (2) PROPERTY- The term ‘property’ does not include claims arising from a territory in dispute as a result of war between United Nations member states in which the ultimate resolution of the disputed territory has not been resolved.

      (3) TRAFFICS- (A) A person or entity ‘traffics’ in property if that person or entity knowingly and intentionally--

        (i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property,

        (ii) engages in a commercial activity using or otherwise benefiting from confiscated property, or

        (iii) causes, directs, participates in, or profits from, trafficking (as described in clauses (i) and (ii)) by another person, or otherwise engages in trafficking (as described in clauses (i) and (ii)) through another person,

      without the authorization of the United States national who holds a claim to the property.

      (B) The term ‘traffics’ does not include-

        (i) the delivery of international telecommunication signals to Cuba that are authorized by section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); or

        (ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national.

    (c) NATIONAL INTEREST EXEMPTION- This section shall not apply where the Secretary of State finds, on a case-by-case basis, that making a determination under subsection (a) would be contrary to the national interest of the United States.

    (d) EFFECTIVE DATE-

      (1) IN GENERAL- This section applies to aliens seeking to enter the United States on or after the date of the enactment of this Act.

      (2) TRAFFICKING- This section applies only with respect to acts within the meaning of ‘traffics’ that occur on or after the date of the enactment of this Act.