Pub.L. 104-115 To guarantee the continuing full investment of Social Security and other Federal funds in obligations of the United States. <> ...

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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. <<NOTE: 22 USC 6034.>>  UNITED STATES OPPOSITION TO CUBAN 
            MEMBERSHIP IN INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) Continued Opposition to Cuban Membership in International 
Financial Institutions.--
            (1) <<NOTE: President.>>  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

[[Page 110 STAT. 795]]

        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. <<NOTE: 22 USC 6035.>>  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. <<NOTE: 22 USC 6036.>>  ASSISTANCE BY THE INDEPENDENT STATES 
            OF THE FORMER SOVIET UNION FOR THE CUBAN GOVERNMENT.

    (a) <<NOTE: President.>>  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 intel

[[Page 110 STAT. 796]]

ligence 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)) <<NOTE: 22 USC 2295a.>>  is 
        amended by inserting after paragraph (3) the following new 
        paragraph:

[[Page 110 STAT. 797]]

            ``(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) <<NOTE: President.>>  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) <<NOTE: Reports.>>  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;

[[Page 110 STAT. 798]]

                    ``(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. <<NOTE: 22 USC 6037.>>  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. <<NOTE: President. 22 USC 6038.>>  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

[[Page 110 STAT. 799]]

                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,

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