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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 Apr 18, 1995 (Introduced).


HR 927 SC

104th CONGRESS

1st Session

H. R. 927

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


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. Assistance by the independent states of the former Soviet Union of the Government of Cuba.

      Sec. 106. Television broadcasting to Cuba.

      Sec. 107. Reports on assistance and commerce received by Cuba from other foreign countries.

      Sec. 108. Importation sanction against certain Cuban trading partners.

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 AMERICAN PROPERTY RIGHTS ABROAD

      Sec. 301. Exclusion from the United States of aliens who have confiscated property of United States nationals.

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

      Sec. 303. Claims to confiscated 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 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 violation of fundamental human rights has 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 Government of Cuba 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 Government of Cuba 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.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:

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

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

      (3) 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.

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

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) CONFISCATED- The term ‘confiscated’ refers to the nationalization, expropriation, or other seizure of ownership or control of property by governmental authority--

        (A) without adequate and effective compensation or otherwise in violation of the law of the place where the property was situated when the confiscation occurred; and

        (B) without the claim to the property having been settled pursuant to an international claims settlement agreement.

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

      (4) DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA- The term ‘democratically elected government in Cuba’ means a government described in section 207.

      (5) 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, and the Export Administration Act of 1979.

      (6) PROPERTY- The term ‘property’ means--

        (A) any property, right, or interest, including any leasehold interest,

        (B) debts owed by the Cuban government or by any enterprise which has been confiscated by the Cuban government; and

        (C) debts which are a charge on property confiscated by the Cuban government.

      (7) TRAFFICS- The term ‘traffics’ means to sell, transfer, distribute, dispense, or otherwise dispose of property, or to purchase, receive, possess, obtain control of, manage, or use property.

      (8) TRANSITION GOVERNMENT IN CUBA- The term ‘transition government in Cuba’ means a government described in section 206.

      (9) UNITED STATES PERSON- The term ‘United States person’ means (A) any United States citizen, and (B) any corporation, trust, partnership, or other juridical entity 50 percent or more beneficially owned by United States citizens.

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 government of Cuba 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 such 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 such 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--

      (1) communicating the reasons for the United States economic embargo of Cuba; and

      (2) 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 in part 515 of title 31, Code of Federal Regulations.

    (d) VIOLATIONS OF RESTRICTIONS ON TRAVEL TO CUBA- The penalties provided for in section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16) shall apply to all violations of the Cuban Assets Control Regulations (part 515 of title 31, Code of Federal Regulations) involving transactions incident to travel to and within Cuba, notwithstanding section 16(b)(2) (the first place it appears) and section 16(b)(3) and (4) of such Act.

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 by a United States person or by a United States agency to a foreign person that traffics in any property confiscated by the Cuban government the claim to which is owned by a United States person as of the date of enactment of this Act.

    (b) TERMINATION OF SANCTION- The sanction of subsection (a) shall cease to apply on the date of termination of the economic embargo of Cuba.

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

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

      (1) the term ‘foreign person’ means (A) an alien, and (B) any corporation, trust, partnership, or other juridical entity that is not 50 percent or more beneficially owned by United States citizens; and

      (2) the term ‘United States agency’ has the same meaning given to 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 such institution until Cuba holds free and fair, democratic elections, conducted under the supervision of internationally recognized observers.

    (2) During the period that a transition government is in power in Cuba, the President shall 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 is in power in Cuba.

    (b) REDUCTION IN UNITED STATES PAYMENTS TO INTERNATIONAL FINANCIAL INSTITUTIONS- If any international financial institution approves a loan or other assistance to Cuba over the opposition of the United States, then the Secretary of the Treasury shall withhold from payment to such 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. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET UNION OF THE GOVERNMENT OF CUBA.

    (a) REPORTING REQUIREMENT- Not later than 90 days after the date of 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)(1)) 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 the 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 Government of Cuba; 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 Government of Cuba on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;

        ‘(B) imports from the Government of Cuba at preferential tariff rates; and

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

    (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 MILITARY AND INTELLIGENCE FACILITIES IN CUBA- (1) Notwithstanding any other provision of law, the President shall withhold from assistance allocated 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 by such state in support of military and intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.

    ‘(2) Nothing in this subsection may be construed to apply to--

      ‘(A) assistance provided under the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228) or the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160); or

      ‘(B) assistance to meet urgent humanitarian needs under section 498(1), including disaster assistance described in subsection (c)(3) of this section.’.

SEC. 106. 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 enactment of this Act, and every three months thereafter until the conversion described in subsection (a) is fully implemented, the Director shall submit a report to the appropriate congressional committees on the progress made in carrying out subsection (a).

SEC. 107. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA FROM OTHER FOREIGN COUNTRIES.

    (a) REPORTS REQUIRED- Not later than 90 days after the date of 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:

      (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 and business firms 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 against Cuba by a United States person.

      (5) A determination of the amount of Cuban debt owed to each foreign country, including the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals or businesses.

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

SEC. 108. IMPORTATION SANCTION AGAINST CERTAIN CUBAN TRADING PARTNERS.

    (a) SANCTION- Notwithstanding any other provision of law, sugars, syrups, and molasses, that are the product of a country that the President determines has imported sugar, syrup, or molasses that is the product of Cuba, shall not be entered, or withdrawn from warehouse for consumption, into the customs territory of the United States, unless the condition set forth in subsection (b) is met.

    (b) CONDITION FOR REMOVAL OF SANCTION- The sanction set forth in subsection (a) shall cease to apply to a country if the country certifies to the President that the country will not import sugar, syrup, or molasses that is the product of Cuba until free and fair elections, conducted under the supervision of internationally recognized observers, are held in Cuba. Such certification shall cease to be effective if the President makes a subsequent determination under subsection (a) with respect to that country.

    (c) REPORTS TO CONGRESS- The President shall report to the appropriate congressional committees all determinations made under subsection (a) and all certifications made under subsection (b).

    (d) REALLOCATION OF SUGAR QUOTAS- During any period in which a sanction under subsection (a) is in effect with respect to a country, the President may reallocate to other countries the quota of sugars, syrups, and molasses allocated to that country, before the prohibition went into effect, under chapter 17 of the Harmonized Tariff Schedule of 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 emergency relief assistance to a transition government in Cuba and long-term assistance to a democratically elected government in Cuba that result from an expression of the self-determination of the Cuban people.

      (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, 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 emergency relief is rapidly implemented 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 there exists a democratically elected government in Cuba.

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

      (16) To pursue the extension of the North American Free Trade Agreement 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 (as determined under section 203(c)) is in power in Cuba.

      (2) EFFECT ON OTHER LAWS-

        (A) SUPERSEDING OTHER LAWS- Subject to subparagraph (B), assistance may be provided under this section notwithstanding any other provision of law.

        (B) DETERMINATION REQUIRED REGARDING PROPERTY TAKEN FROM UNITED STATES PERSONS- Subparagraph (A) shall not apply to section 620(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)(2)).

    (b) PLAN FOR ASSISTANCE-

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

        (A) to a transition government in Cuba; and

        (B) to a democratically elected government in Cuba.

      (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 under the plan to a transition government in Cuba 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 under the plan 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).

        (B) DEMOCRATICALLY ELECTED GOVERNMENT- Assistance under the plan 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 under the plan 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- The plan developed under subsection (b) shall authorize assistance under the plan to be provided through 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-

      (1) The President shall take the necessary steps--

        (A) 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

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

      (2)(A) 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.

      (B) 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.

      (C) The President shall withhold from payment to the Organization of American States not less than $5,000,000 of the arrearages of the United States to the Organization of American States as of the date of enactment of this Act until the Organization of American States agrees to make available an equivalent amount solely for the purposes of the special fund.

    (f) CARIBBEAN BASIN INITIATIVE- 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 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- 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 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; and

      (2) is authorized to enter into negotiations with a democratic government in Cuba to provide for the extension of the North American Free Trade Agreement (NAFTA) to Cuba or to seek the creation of an economic community with a free, democratic, and independent Cuba and 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 under the plan developed under 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 under the plan, 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 is in power in Cuba, the President, after consultation with the coordinating official, shall 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.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

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

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

    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.

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 legalized all political activity;

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

      (4) 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 within 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 property taken by the Government of Cuba 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 an independent labor movement and of independent social, economic, and political associations;

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

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

      (7) permits the deployment throughout Cuba of independent and unfettered international human rights monitors.

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; and

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

TITLE III--PROTECTION OF AMERICAN PROPERTY RIGHTS ABROAD

SEC. 301. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE CONFISCATED PROPERTY OF UNITED STATES NATIONALS.

    (a) ADDITIONAL GROUNDS FOR EXCLUSION- Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding at the end the following:

        ‘(D) ALIENS WHO HAVE CONFISCATED AMERICAN PROPERTY ABROAD AND RELATED PERSONS- (i) Any alien who--

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

          ‘(II) traffics in confiscated property, the claim to which is owned by a United States person;

          ‘(III) is a corporate officer, principal, or shareholder of an entity which has been involved in the confiscation, trafficking in, or subsequent unauthorized use or benefit from confiscated property, the claim to which is owned by a United States person, or

          ‘(IV) is a spouse or child of a person described in subclause (I),

        is excludable.

        ‘(ii) The validity of claims under this subparagraph shall be established in accordance with section 303 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995.

        ‘(iii) For purposes of this subparagraph, the terms ‘confiscated’, ‘traffics’, and ‘United States person’ have the same meanings given to such terms under section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to individuals entering the United States on or after the date of enactment of this Act.

SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CONFISCATED FROM UNITED STATES NATIONALS.

    (a) CIVIL REMEDY- (1) Except as provided in paragraphs (2) and (3), any person or government that traffics in property confiscated by a foreign government shall be liable to the United States person who owns the claim to the confiscated property for money damages in an amount which is the greater of--

      (A) the amount certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, plus interest at the commercially recognized normal rate;

      (B) the amount determined under section 303(a)(2); or

      (C) 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 at the commercially recognized normal rate, whichever is greater.

    (2) Except as provided in paragraph (3), any person or government that traffics in confiscated property after having received (A) notice of a claim to ownership of the property by the United States person who owns the claim to the confiscated property, and (B) a copy of this section, shall be liable to such United States person for money damages in an amount which is treble the amount specified in paragraph (1).

    (3)(A) Actions may be brought under paragraph (1) with respect to property confiscated before, on, or after the date of enactment of this Act.

    (B) In the case of property confiscated before the date of enactment of this Act, no United States person may bring an action under this section unless such person 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 enactment of this Act, in order to maintain the action, the United States person who is the plaintiff must demonstrate to the court that the plaintiff has taken reasonable steps to exhaust any available local remedies.

    (b) JURISDICTION- 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, without regard to the amount in controversy, of any action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995.’.

    (c) WAIVER OF SOVEREIGN IMMUNITY- Section 1605 of title 28, United States Code, is amended--

      (1) by striking ‘or’ at the end of paragraph (5);

      (2) by striking the period at the end of paragraph (6) and inserting ‘; or’; and

      (3) by adding at the end the following:

      ‘(7) in which the action is brought with respect to confiscated property under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995.’.

SEC. 303. CLAIMS TO CONFISCATED PROPERTY.

    (a) EVIDENCE OF OWNERSHIP- For purposes of this Act, conclusive evidence of ownership by the United States person of a claim to confiscated property is established--

      (1) when the Foreign Claims Settlement Commission certifies the claim under title V of the International Claims Settlement Act of 1949, as amended by subsection (b); or

      (2) when the claim has been determined to be valid by a court or administrative agency of the country in which the property was confiscated.

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

‘ADDITIONAL CLAIMS

    ‘SEC. 514. Notwithstanding any other provision of this title, a United States national may bring a claim to the Commission for determination and certification under this title of the amount and validity of a claim resulting from actions taken by the Government of Cuba described in section 503(a), whether or not the United States national qualified as a United States national at the time of the Cuban government action, except that, in the case of property confiscated after the date of enactment of this section, the claimant must be a United States national at the time of the confiscation.’.