Home > 104th Congressional Bills > H.R. 927 (eh) 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. [Engrossed in House] ...

H.R. 927 (eh) 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. [Engrossed in House] ...


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                  In the Senate of the United States,

                        October 19 (legislative day, October 18), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
927) entitled ``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'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as ``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--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

Sec. 101. Statement of Policy.
Sec. 102. Authorization of support for democratic and human rights 
                            groups and international observers.
Sec. 103. Enforcement of the economic embargo of Cuba.
Sec. 104. Prohibition against indirect financing of Cuba.
Sec. 105. United States opposition to Cuban membership in international 
                            financial institutions.
Sec. 106. United States opposition to termination of the suspension of 
                            the Government of Cuba from participation 
                            in the Organization of American States.
Sec. 107. Assistance by the independent states of the former Soviet 
                            Union for the Government of Cuba.
Sec. 108. Television broadcasting to Cuba.
Sec. 109. Reports on commerce with, and assistance to, Cuba from other 
                            foreign countries.
Sec. 110. Importation safeguard against certain Cuban products.
Sec. 111. Reinstitution of family remittances and travel to Cuba.
Sec. 112. News bureaus in Cuba.
Sec. 113. Impact on lawful United States Government activities.

           TITLE II--SUPPORT FOR 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. Implementation; reports to Congress.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements for a transition government.
Sec. 206. Factors for determining a democratically elected government.
Sec. 207. Settlement of outstanding United States claims to confiscated 
                            property in Cuba.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economy of Cuba has experienced a decline of 
        approximately 60 percent in the last 5 years as a result of--
                    (A) the reduction in subsidies from the former 
                Soviet Union;
                    (B) 36 years of Communist tyranny and economic 
                mismanagement by the Castro government;
                    (C) the precipitous 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 predominantly on commercial terms.
            (2) At the same time, the welfare and health of the Cuban 
        people have substantially deteriorated as a result of Cuba's 
        economic decline and the refusal of the Castro regime to permit 
        free and fair democratic elections in Cuba or to adopt any 
        economic or political reforms that would lead to democracy, a 
        market economy, or an economic recovery.
            (3) The repression of the Cuban people, including a ban on 
        free and fair democratic elections and the continuing violation 
        of fundamental human rights, has isolated the Cuban regime as 
        the only nondemocratic government in the Western Hemisphere.
            (4) As long as no such economic or political reforms are 
        adopted by the Cuban Government, the economic condition of the 
        country and the welfare of the Cuban people will not improve in 
        any significant way.
            (5) Fidel Castro has defined democratic pluralism as 
        ``pluralistic garbage'' and has made clear that he has no 
        intention of permitting free and fair democratic elections in 
        Cuba or otherwise tolerating the democratization of Cuban 
        society.
            (6) The Castro government, in an attempt to retain absolute 
        political power, continues to utilize, as it has from its 
        inception, torture in various forms (including psychiatric 
        abuse), execution, exile, confiscation, political imprisonment, 
        and other forms of terror and repression as most recently 
        demonstrated by the massacre of more than 40 Cuban men, women, 
        and children attempting to flee Cuba.
            (7) The Castro government holds hostage in Cuba innocent 
        Cubans whose relatives have escaped the country.
            (8) The Castro government has threatened 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.
            (9) Over the past 36 years, the Cuban Government has posed 
        a national security threat to the United States.
            (10) The completion and any operation of a nuclear-powered 
        facility in Cuba, for energy generation or otherwise, poses an 
        unacceptable threat to the national security of the United 
        States.
            (11) The unleashing on United States shores of thousands of 
        Cuban refugees fleeing Cuban oppression will be considered an 
        act of aggression.
            (12) The Government of Cuba engages in illegal 
        international narcotics trade and harbors fugitives from 
        justice in the United States.
            (13) 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.
            (14) Attempts to escape from Cuba and courageous acts of 
        defiance of the Castro regime by Cuban pro-democracy and human 
        rights groups have ensured the international community's 
        continued awareness of, and concern for, the plight of Cuba.
            (15) The Cuban people deserve to be assisted in a decisive 
        manner in order to end the tyranny that has oppressed them for 
        36 years.
            (16) Radio Marti and Television Marti have been effective 
        vehicles for providing the people of Cuba with news and 
        information and have helped to bolster the morale of the Cubans 
        living under tyranny.
            (17) 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 
        isolating the totalitarian Castro regime.

SEC. 3. PURPOSES.

    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, and the political manipulation 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 American nationals against confiscatory 
        takings and the wrongful trafficking in property confiscated by 
        the Castro regime.

SEC. 4. DEFINITIONS.

    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, except as otherwise provided for in this Act under 
        paragraph 4(5).
            (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.--The term ``confiscated'' refers to--
                    (A) the nationalization, expropriation, or other 
                seizure by the Cuban Government of ownership or control 
                of property, on or after January 1, 1959--
                            (i) without the property having been 
                        returned or adequate and effective compensation 
                        provided; or
                            (ii) without the claim to the property 
                        having been settled pursuant to an 
international claims settlement agreement or other mutually accepted 
settlement procedure; and
                    (B) the repudiation by the Cuban Government of, the 
                default by the Cuban Government on, or the failure by 
                the Cuban Government to pay, on or after January 1, 
                1959--
                            (i) a debt of any enterprise which has been 
                        nationalized, expropriated, or otherwise taken 
                        by the Cuban Government,
                            (ii) a debt which is a charge on property 
                        nationalized, expropriated, or otherwise taken 
                        by the Cuban Government, or
                            (iii) a debt which was incurred by the 
                        Cuban Government in satisfaction or settlement 
                        of a confiscated property claim.
            (5) Cuban Government.--(A) The terms ``Cuban Government'' 
        and ``Government of Cuba'' include 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'' is used within the meaning of section 1603(b) 
        of title 28, United States Code.
            (6) Democratically elected government in cuba.--The term 
        ``democratically elected government in Cuba'' means a 
        government that the President has determined as being 
        democratically elected, taking into account the factors listed 
        in section 206.
            (7) Economic embargo of cuba.--The term ``economic embargo 
        of Cuba'' refers to the economic embargo imposed against Cuba 
        pursuant to section 620(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the 
        Enemy Act (50 U.S.C. App. 5(b)), the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 and following), the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 and following), 
        as modified by the Cuban Democracy Act of 1992 (22 U.S.C. 6001 
        and following).
            (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 the Commonwealth of Puerto Rico, or any 
                other territory or possession of the United States.
            (9) 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 
        members of the Council of Ministers, Council of State, central 
        committee of the Cuban Communist Party, the Politburo, or their 
        equivalents.
            (10) Property.--(A) The term ``property'' means any 
        property (including patents, copyrights, trademarks, and any 
        other form of intellectual property), whether real, personal or 
        mixed, and any present, future, or contingent right, security, 
        or other interest therein, including any leasehold interest.
            (B) For purposes of title III of this Act, the term 
        ``property'' shall not include real property used for 
        residential purposes, unless, at the time of 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.
            (11) Transition government in cuba.--The term ``transition 
        government in Cuba'' means a government that the President 
        determines as being a transition government consistent with the 
        requirements and factors listed in section 205.
            (12) United states national.--The term ``United States 
        national'' means--
                    (A) any United States citizen; or
                    (B) any other legal entity which is organized under 
                the laws of the United States, or of any State, the 
                District of Columbia, or the Commonwealth of Puerto 
                Rico, or any other territory or possession of the 
                United States, and which has its principal place of 
                business in the United States.

   TITLE I--STRENGTHENING INTERNATIONAL 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, employing efforts similar to 
consultations conducted by United States representatives with respect 
to Haiti;
            (3) any resumption of efforts by an independent state of 

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