P.L.
104-114
One
Hundred Fourth Congress
of the United States of America
An
Act
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 1996".
(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.
Sec.
5. Severability.
TITLE I--STRENGTHENING INTERNATIONAL 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 Cuba.
Sec.
104. United States opposition to Cuban membership in international
financial institutions.
Sec.
105. United States opposition to termination of the suspension of
the Cuban Government from participation in 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 commerce with, and assistance to, Cuba from other
foreign countries.
Sec.
109. Authorization of support for democratic and human rights groups
and international observers.
Sec.
110. Importation safeguard against certain Cuban products.
Sec.
111. Withholding of foreign assistance from countries supporting
Juragua nuclear plant in Cuba.
Sec.
112. Reinstitution of family remittances and travel to Cuba.
Sec.
113. Expulsion of criminals from Cuba.
Sec.
114. News bureaus in Cuba.
Sec.
115. Effect of Act on lawful United States Government activities.
Sec.
116. Condemnation of Cuban attack on American aircraft.
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. Assistance for the Cuban people.
Sec.
203. Coordination of assistance program; implementation and reports
to Congress; reprogramming.
Sec.
204. Termination of the economic embargo of Cuba.
Sec.
205. Requirements and factors for determining a transition government.
Sec.
206. Requirements for determining a democratically elected government.
Sec.
207. Settlement of outstanding United States claims to confiscated
property in Cuba.
TITLE
III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
Sec.
301. Findings.
Sec.
302. Liability for trafficking in confiscated property claimed by
United States nationals.
Sec.
303. Proof of ownership of claims to confiscated property.
Sec.
304. Exclusivity of Foreign Claims Settlement Commission certification
procedure.
Sec.
305. Limitation of actions.
Sec.
306. Effective date.
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.
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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)
Amendments to the Foreign Assistance Act of 1961 made by the FREEDOM
Support Act require 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 47-139 on
December 18, 1992, Resolution 48-142 on December 20, 1993, and Resolution
49-200 on December 23, 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.
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The
purposes of this Act are--
(1)
to assist the Cuban people in regaining their freedom and prosperity,
as well as in joining the community of democratic countries that
are flourishing in the Western Hemisphere;
(2)
to strengthen international sanctions against the Castro government;
(3)
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 by the
Castro government, and the political manipulation by the Castro
government of the desire of Cubans to escape that results in mass
migration to the United States;
(4)
to encourage the holding of free and fair democratic elections in
Cuba, conducted under the supervision of internationally recognized
observers;
(5)
to provide a policy framework for United States support to the Cuban
people in response to the formation of a transition government or
a democratically elected government in Cuba; and
(6)
to protect United States nationals against confiscatory takings
and the wrongful trafficking in property confiscated by the Castro
regime.
SEC.
4. DEFINITIONS.
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As
used in this Act, the following terms have the following meanings:
(1)
Agency or instrumentality of a foreign state.--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.
(2)
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.
(3)
Commercial activity.--The term "commercial activity" has the meaning
given that term in section 1603(d) of title 28, United States Code.
(4)
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 of 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.
(5)
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 each reference in such section to "a foreign state"
deemed to be a reference to "Cuba".
(6)
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 206.
(7)
Economic embargo of cuba.--The term "economic embargo of Cuba" refers
to--
(A)
the economic embargo (including all restrictions on trade or transactions
with, and travel to or from, Cuba, and all restrictions on transactions
in property in which Cuba or nationals of Cuba have an interest)
that was 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 Cuban
Democracy Act of 1992 (22 U.S.C. 6001 and following), or any other
provision of law; and
(B)
the restrictions imposed by section 902(c) of the Food Security
Act of 1985.
(8)
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, or any commonwealth, territory, or possession
of the United States.
(9)
Knowingly.--The term "knowingly" means with knowledge or having
reason to know.
(10)
Official of the cuban government or the ruling political party in
cuba.--The term "official of the Cuban Government or the ruling
political party in Cuba" refers to any member of the Council of
Ministers, Council of State, central committee of the Communist
Party of Cuba, or the Politburo of Cuba, or their equivalents.
(11)
Person.--The term "person" means any person or entity, including
any agency or instrumentality of a foreign state.
(12)
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" does
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 held 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 an official of the Cuban Government
or the ruling political party in Cuba.
(13)
Traffics.--(A) As used in title III, and except as provided in subparagraph
(B), a person "traffics" in confiscated property if that person
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 clause (i) or (ii)) by another person, or otherwise
engages in trafficking (as described in clause (i) or (ii)) through
another person,
without
the authorization of any 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;
(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;
(iii)
transactions and uses of property incident to lawful travel to Cuba,
to the extent that such transactions and uses of property are necessary
to the conduct of such travel; or
(iv)
transactions and uses of property by a person who is both a citizen
of Cuba and a resident of Cuba, and who is not an official of the
Cuban Government or the ruling political party in Cuba.
(14)
Transition government in cuba.--The term "transition government
in Cuba" means a government that the President determines is a transition
government consistent with the requirements and factors set forth
in section 205.
(15)
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, or any
commonwealth, territory, or possession of the United States, and
which has its principal place of business in the United States.
SEC. 5. SEVERABILITY.
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If
any provision of this Act or the amendments made by this Act or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, the amendments made by this Act, or the
application thereof to other persons not similarly situated or to
other circumstances shall not be affected by such invalidation.
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
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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, employing efforts similar to consultations
conducted by United States representatives with respect to Haiti;
(3)
any resumption of efforts by any independent state of the former
Soviet Union to make operational any nuclear facilities in Cuba,
and any continuation of intelligence activities by such a state
from Cuba that are targeted at the United States and its citizens
will have a detrimental impact on United States assistance to such
state; and
(4)
in view of the threat to the national security posed by the operation
of any nuclear facility, and the Castro government's continuing
blackmail to unleash another wave of Cuban refugees fleeing from
Castro's oppression, most of whom find their way to United States
shores, further depleting limited humanitarian and other resources
of the United States, the President should do all in his power to
make it clear to the Cuban Government that--
(A)
the completion and operation of any nuclear power facility, or
(B)
any further political manipulation of the desire of Cubans to escape
that results in mass migration to the United States,
will
be considered an act of aggression which will be met with an appropriate
response in order to maintain the security of the national borders
of the United States and the health and safety of the American people.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a)
Policy.--
(1)
Restrictions by other countries.--The Congress hereby reaffirms
section 1704(a) of the Cuban Democracy Act of 1992, which states
that the President should encourage foreign countries to restrict
trade and credit relations with Cuba in a manner consistent with
the purposes of that Act.
(2)
Sanctions on other countries.--The Congress further urges the President
to take immediate steps to apply the sanctions described in section
1704(b)(1) of that Act against countries assisting Cuba.
(b)
Diplomatic Efforts.--The Secretary of State should 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 shall 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)), as added by Public Law 102-
484, 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 direction of the Secretary of the Treasury, be forfeited
to the United States Government.
"(3)
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.
"(4)
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)
Conforming amendment; criminal forfeiture.--Section 16 of the Trading
with the Enemy Act is further amended by striking subsection (b),
as added by Public Law 102-393.
(3)
Clerical amendments.--Section 16 of the Trading with the Enemy Act
is further amended--
(A)
by inserting "Sec. 16." before "(a)"; and
(B)
in subsection (a) by striking "participants" and inserting "participates".
(e)
Denial of Visas to Certain Cuban Nationals.--It is the sense of
the Congress that the President should instruct the Secretary of
State and the Attorney General to enforce fully existing regulations
to deny visas to Cuban nationals considered by the Secretary of
State to be officers or employees of the Cuban Government or of
the Communist Party of Cuba.
(f)
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 each reference in such section to 'a foreign state' deemed
to be a reference to 'Cuba'.".
(g)
Telecommunications Services.--Section 1705(e) of the Cuban Democracy
Act of 1992 (22 U.S.C. 6004(e)) is amended by adding at the end
the following new paragraphs:
"(5)
Prohibition on investment in domestic telecommunications services.--Nothing
in this subsection shall be construed to authorize the investment
by any United States person in the domestic telecommunications network
within Cuba. For purposes of this paragraph, an 'investment' in
the domestic telecommunications network within Cuba includes the
contribution (including by donation) of funds or anything of value
to or for, and the making of loans to or for, such network.
"(6)
Reports to congress.--The President shall submit to the Congress
on a semiannual basis a report detailing payments made to Cuba by
any United States person as a result of the provision of telecommunications
services authorized by this subsection.".
(h)
Codification of Economic Embargo.--The economic embargo of Cuba,
as in effect on March 1, 1996, including all restrictions under
part 515 of title 31, Code of Federal Regulations, shall be in effect
upon the enactment of this Act, and shall remain in effect, subject
to section 204 of this Act.
SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.
(a)
Prohibition.--Notwithstanding any other provision of law, no loan,
credit, or other financing may be extended knowingly by a United
States national, a permanent resident alien, or a United States
agency to any person for the purpose of financing 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, except
for financing by the United States national owning such claim for
a transaction permitted under United States law.
(b)
Suspension and Termination of Prohibition.--
(1)
Suspension.--The President is authorized to suspend the prohibition
contained in subsection (a) upon a determination made under section
203(c)(1) that a transition government in Cuba is in power.
(2)
Termination.--The prohibition contained in subsection (a) shall
cease to apply on the date on which the economic embargo of Cuba
terminates as provided in section 204.
(c)
Penalties.--Violations of subsection (a) shall be punishable by
such civil 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 lawfully 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)
In general.--Except as provided in paragraph (2), the Secretary
of the Treasury shall instruct the United States executive director
of 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 the President submits a determination
under section 203(c)(3) that a democratically elected government
in Cuba is in power.
(2)
Transition government.--Once the President submits a determination
under section 203(c)(1) that a transition government in Cuba is
in power--
(A)
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, and
(B)
the Secretary of the Treasury is authorized to instruct the United
States executive director of each international financial institution
to support loans or other assistance to Cuba only to the extent
that such loans or assistance contribute to a stable foundation
for a democratically elected government in Cuba.
(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 such institution an amount equal to the amount of the loan or
other assistance, with respect to either 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 TERMINATION OF THE SUSPENSION
OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE ORGANIZATION OF
AMERICAN STATES.
The
President should instruct the United States Permanent Representative
to the Organization of American States to oppose and vote against
any termination of the suspension of the Cuban Government from participation
in 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 toward 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)
In general.--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 new paragraph:
"(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)
Definition.--Subsection (k) of section 498B of that Act (22 U.S.C.
2295b(k)) is amended by adding at the end the following new paragraph:
"(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 debt of the Cuban Government
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 each reference in such section to 'a foreign state'
deemed to be a reference to 'Cuba'.".
(3)
Exception.--Section 498A(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295A(c)) is amended by inserting after paragraph (3)
the following new paragraph:
"(4)
The assistance is provided under the secondary school exchange program
administered by the United States Information Agency.".
(d)
Facilities at Lourdes, Cuba.--
(1)
Disapproval of credits.--The Congress expresses its strong disapproval
of the extension by Russia of credits equivalent to $200,000,000
in support of the intelligence facility at Lourdes, Cuba, in November
1994.
(2)
Reduction in assistance.--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)
Reduction in assistance.--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 Act 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)
Waiver.--(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 under
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)
Exceptions to reductions in assistance.--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 or rule of law activities;
"(C)
technical assistance for safety upgrades of civilian nuclear power
plants;
"(D)
the creation of private sector or nongovernmental organizations
that are independent of government control;
"(E)
the development of a free market economic system;
"(F)
assistance under the secondary school exchange program administered
by the United States Information Agency; or
"(G)
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 COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM
OTHER FOREIGN COUNTRIES.
(a)
Reports Required.--Not later than 90 days after the date of the
enactment of this Act, and by January 1 of each year thereafter
until the President submits a determination under section 203(c)(1),
the President shall submit a report to the appropriate congressional
committees on commerce with, and assistance to, 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 available:
(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 as to whether or not any of the facilities described
in paragraph (3) is the subject of a claim against Cuba by a United
States national.
(5)
A determination of the amount of debt of the Cuban Government that
is 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 the foreign country that has been exchanged,
forgiven, or reduced 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 assure 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 Cuba or that otherwise have entered
into agreements with Cuba that have a military application, including--
(A)
a description of the military supplies, equipment, or other material
sold, bartered, or exchanged between Cuba and such countries,
(B)
a listing of the goods, services, credits, or other consideration
received by Cuba in exchange for military supplies, equipment, or
material, and
(C)
the terms or conditions of any such agreement.
SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
GROUPS AND INTERNATIONAL OBSERVERS.
(a)
Authorization.--Notwithstanding any other provision of law (including
section 102 of this Act), 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)
For support of human rights and elections.--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)
Action of other member states.--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)
Voluntary contributions for fund.--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 solely
for the purposes of the special fund referred to in paragraph (1).
(c)
Denial of Funds to the Cuban Government.--In implementing this section,
the President shall take all necessary steps to ensure that no funds
or other assistance is provided to the Cuban Government.
SEC. 110. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.
(a)
Prohibition on Import of and Dealings in Cuban Products.--The Congress
notes that section 515.204 of title 31, Code of Federal Regulations,
prohibits the entry of, and dealings outside the United States in,
merchandise that--
(1)
is of Cuban origin;
(2)
is or has been located in or transported from or through Cuba; or
(3)
is made or derived in whole or in part of any article which is the
growth, produce, or manufacture of Cuba.
(b)
Effect of NAFTA.--The Congress notes that United States accession
to the North American Free Trade Agreement does not modify or alter
the United States sanctions against Cuba. The statement of administrative
action accompanying that trade agreement specifically states the
following:
(1)
"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.".
(2)
"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.".
(c)
Restriction of Sugar Imports.--The Congress notes that section 902(c)
of the Food Security Act of 1985 (Public Law 99-198) requires the
President not to allocate any of the sugar import quota to a country
that is a net importer of sugar unless appropriate officials of
that country verify to the President that the country does not import
for reexport to the United States any sugar produced in Cuba.
(d)
Assurances Regarding Sugar Products.--Protection of essential security
interests of the United States requires assurances that sugar products
that are entered, or withdrawn from warehouse for consumption, into
the customs territory of the United States are not products of Cuba.
SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES SUPPORTING
JURAGUA NUCLEAR PLANT IN CUBA.
(a)
Findings.--The Congress makes the following findings:
(1)
President Clinton stated in April 1993 that the United States opposed
the construction of the Juragua nuclear power plant because of the
concerns of the United States 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 the 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 coast of the Gulf of Mexico 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 or rule of law activities;
(C)
the creation of private sector or nongovernmental organizations
that are independent of government control;
(D)
the development of a free market economic system;
(E)
assistance for the purposes described in the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160); or
(F)
assistance under the secondary school exchange program administered
by the United States Information Agency.
(3)
Definition.--As used in paragraph (1), the term "assistance" means
assistance under the Foreign Assistance Act of 1961, credits, sales,
guarantees of extensions of credit, and other assistance 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, and any other program of assistance
or credits provided by the United States to other countries under
other provisions of law.
SEC. 112. REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.
It
is the sense of the Congress that the President should--
(1)(A)
before considering the reinstitution of general licenses for family
remittances to Cuba, insist that, prior to such reinstitution, the
Cuban Government permit the unfettered operation of small businesses
fully empowered with the right to hire others to whom they may pay
wages and to buy materials necessary in the operation of the businesses,
and with such other authority and freedom as are required to foster
the operation of small businesses throughout Cuba; and
(B)
if licenses described in subparagraph (A) are reinstituted, require
a specific license for remittances described in subparagraph (A)
in amounts of more than $500; and
(2)
before considering the reinstitution of general licenses for travel
to Cuba by individuals resident in the United States who are family
members of Cuban nationals who are resident in Cuba, insist on such
actions by the Cuban Government as abrogation of the sanction for
departure from Cuba by refugees, release of political prisoners,
recognition of the right of association, and other fundamental freedoms.
SEC. 113. EXPULSION OF CRIMINALS FROM CUBA.
The
President shall instruct all United States Government officials
who engage in official contacts 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.
SEC. 114. NEWS BUREAUS IN CUBA.
(a)
Establishment of News Bureaus.--The President is authorized to establish
and implement an exchange of news bureaus between the United States
and Cuba, if the exchange meets the following conditions:
(1)
The exchange is fully reciprocal.
(2)
The Cuban Government agrees not to interfere with the establishment
of news bureaus or with the movement in Cuba of journalists of any
United States-based news organizations, including Radio Marti and
Television Marti.
(3)
The Cuban Government agrees not to interfere with decisions of United
States-based news organizations with respect to individuals assigned
to work as journalists in their news bureaus in Cuba.
(4)
The Department of the Treasury is able to ensure that only accredited
journalists regularly employed with a news gathering organization
travel to Cuba under this subsection.
(5)
The Cuban Government agrees not to interfere with the transmission
of telecommunications signals of news bureaus or with the distribution
within Cuba of publications of any United States-based news organization
that has a news bureau in Cuba.
(b)
Assurance Against Espionage.--In implementing this section, the
President shall take all necessary steps to ensure the safety and
security of the United States against espionage by Cuban journalists
it believes to be working for the intelligence agencies of the Cuban
Government.
(c)
Fully Reciprocal.--As used in subsection (a)(1), the term "fully
reciprocal" means that all news services, news organizations, and
broadcasting services, including such services or organizations
that receive financing, assistance, or other support from a governmental
or official source, are permitted to establish and operate a news
bureau in the United States and Cuba.
SEC. 115. EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT ACTIVITIES.
Nothing
in this Act prohibits any lawfully authorized investigative, protective,
or intelligence activity of a law enforcement agency, or of an intelligence
agency, of the United States.
SEC. 116. CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.
(a)
Findings.--The Congress makes the following findings:
(1)
Brothers to the Rescue is a Miami-based humanitarian organization
engaged in searching for and aiding Cuban refugees in the Straits
of Florida, and was engaged in such a mission on Saturday, February
24, 1996.
(2)
The members of Brothers to the Rescue were flying unarmed and defenseless
planes in a mission identical to hundreds they have flown since
1991 and posed no threat whatsoever to the Cuban Government, the
Cuban military, or the Cuban people.
(3)
Statements by the Cuban Government that Brothers to the Rescue has
engaged in covert operations, bombing campaigns, and commando operations
against the Government of Cuba have no basis in fact.
(4)
The Brothers to the Rescue aircraft notified air traffic controllers
as to their flight plans, which would take them south of the 24th
parallel and close to Cuban airspace.
(5)
International law provides a nation with airspace over the 12- mile
territorial sea.
(6)
The response of Fidel Castro's dictatorship to Saturday's afternoon
flight was to scramble 2 fighter jets from a Havana airfield.
(7)
At approximately 3:24 p.m., the pilot of one of the Cuban MiGs received
permission and proceeded to shoot down one Brothers to the Rescue
airplane more than 6 miles north of the Cuban exclusion zone, or
18 miles from the Cuban coast.
(8)
Approximately 7 minutes later, the pilot of the Cuban fighter jet
received permission and proceeded to shoot down the second Brothers
to the Rescue airplane almost 18.5 miles north of the Cuban exclusion
zone, or 30.5 miles from the Cuban coast.
(9)
The Cuban dictatorship, if it truly felt threatened by the flight
of these unarmed aircraft, could have and should have pursued other
peaceful options as required by international law.
(10)
The response chosen by Fidel Castro, the use of lethal force, was
completely inappropriate to the situation presented to the Cuban
Government, making such actions a blatant and barbaric violation
of international law and tantamount to cold-blooded murder.
(11)
There were no survivors of the attack on these aircraft, and the
crew of a third aircraft managed to escape this criminal attack
by Castro's Air Force.
(12)
The crew members of the destroyed planes, Pablo Morales, Carlos
Costa, Mario de la Pena, and Armando Alejandre, were United States
citizens from Miami flying with Brothers to the Rescue on a voluntary
basis.
(13)
It is incumbent upon the United States Government to protect the
lives and livelihoods of United States citizens as well as the rights
of free passage and humanitarian missions.
(14)
This premeditated act took place after a week-long wave of repression
by the Cuban Government against Concilio Cubano, an umbrella organization
of human rights activists, dissidents, independent economists, and
independent journalists, among others.
(15)
The wave of repression against Concilio Cubano, whose membership
is committed to peaceful democratic change in Cuba, included arrests,
strip searches, house arrests, and in some cases sentences to more
than 1 year in jail.
(b)
Statements by the Congress.--(1) The Congress strongly condemns
the act of terrorism by the Castro regime in shooting down the Brothers
to the Rescue aircraft on February 24, 1996.
(2)
The Congress extends its condolences to the families of Pablo Morales,
Carlos Costa, Mario de la Pena, and Armando Alejandre, the victims
of the attack.
(3)
The Congress urges the President to seek, in the International Court
of Justice, indictment for this act of terrorism by Fidel Castro.
TITLE
II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
Back to Table of Contents
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 trade relations with a free, democratic, and independent
Cuba.
SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.
(a)
Authorization.--
(1)
In general.--The President shall develop a plan for providing economic
assistance to Cuba at such time as the President determines that
a 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
subject to an authorization of appropriations and subject to the
availability of appropriations.
(b)
Plan for Assistance.--
(1)
Development of plan.--The President shall develop a plan for providing
assistance under this section--
(A)
to Cuba when a transition government in Cuba is in power; and
(B)
to Cuba when a democratically elected government in Cuba is in power.
(2)
Types of assistance.--Assistance under the plan developed under
paragraph (1) may, subject to an authorization of appropriations
and subject to the availability of appropriations, include the following:
(A)
Transition government.--(i) Except as provided in clause (ii), assistance
to Cuba under a transition government shall, subject to an authorization
of appropriations and subject to the availability of appropriations,
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 in addition to assistance under clause (i) may be provided,
but only after the President certifies to the appropriate congressional
committees, in accordance with procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act of
1961, that such assistance is essential to the successful completion
of the transition to democracy.
(iii)
Only after a transition government in Cuba is in power, freedom
of individuals to travel to visit their relatives without any restrictions
shall be permitted.
(B)
Democratically elected government.--Assistance to a democratically
elected government in Cuba may, subject to an authorization of appropriations
and subject to the availability of appropriations, consist of economic
assistance in addition to assistance available under subparagraph
(A), 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; and
(vii)
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)
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.
(g)
Report to Congress.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the appropriate
congressional committees a report describing in detail the plan
developed under this section.
(h)
Report on Trade and Investment Relations.--
(1)
Report to congress.--The President, following the transmittal to
the Congress of a determination under section 203(c)(3) that a democratically
elected government in Cuba is in power, shall submit to the Committee
on Ways and Means of the House of Representatives and the Committee
on Finance of the Senate and the appropriate congressional committees
a report that describes--
(A)
acts, policies, and practices which constitute significant barriers
to, or distortions of, United States trade in goods or services
or foreign direct investment with respect to Cuba;
(B)
policy objectives of the United States regarding trade relations
with a democratically elected government in Cuba, and the reasons
therefor, including possible--
(i)
reciprocal extension of nondiscriminatory trade treatment (most-favored-nation
treatment);
(ii)
designation of Cuba as a beneficiary developing country under title
V of the Trade Act of 1974 (relating to the Generalized System of
Preferences) or as a beneficiary country under the Caribbean Basin
Economic Recovery Act, and the implications of such designation
with respect to trade with any other country that is such a beneficiary
developing country or beneficiary country or is a party to the North
American Free Trade Agreement; and
(iii)
negotiations regarding free trade, including the accession of Cuba
to the North American Free Trade Agreement;
(C)
specific trade negotiating objectives of the United States with
respect to Cuba, including the objectives described in section 108(b)(5)
of the North American Free Trade Agreement Implementation Act (19
U.S.C. 3317(b)(5)); and
(D)
actions proposed or anticipated to be undertaken, and any proposed
legislation necessary or appropriate, to achieve any of such policy
and negotiating objectives.
(2)
Consultation.--The President shall consult with the Committee on
Ways and Means of the House of Representatives and the Committee
on Finance of the Senate and the appropriate congressional committees
and shall seek advice from the appropriate advisory committees established
under section 135 of the Trade Act of 1974 regarding the policy
and negotiating objectives and the legislative proposals described
in paragraph (1).
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 an authorization
of appropriations and 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 an authorization
of appropriations and 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. 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 consultation
with the Congress, is authorized to take steps to suspend the economic
embargo of Cuba and to suspend the right of action created in section
302 with respect to actions thereafter filed against the Cuban Governm | 