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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        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

[[Page 110 STAT. 810]]

        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. <<NOTE: 22 USC 6064.>>  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 Government, to the extent that such steps contribute to a stable 
foundation for a democratically elected government in Cuba.
    (b) Suspension of Certain Provisions of Law.--In carrying out 
subsection (a), the President may suspend the enforcement of--
            (1) section 620(a) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2370(a));
            (2) section 620(f) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2370(f)) with respect to the ``Republic of Cuba'';
            (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);
            (4) section 902(c) of the Food Security Act of 1985; and
            (5) the prohibitions on transactions described in part 515 
        of title 31, Code of Federal Regulations.

    (c) Additional Presidential Actions.--Upon submitting a 
determination to the appropriate congressional committees under section 
203(c)(3) that a democratically elected government in Cuba is in power, 
the President shall take steps to terminate the economic embargo of 
Cuba, including the restrictions under part 515 of title 31, Code of 
Federal Regulations.
    (d) Conforming Amendments.--On the date on which the President 
submits a determination under section 203(c)(3)--
            (1) section 620(a) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2370(a)) is repealed;
            (2) section 620(f) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2370(f)) is amended by striking ``Republic of Cuba'';
            (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; 
        and
            (4) section 902(c) of the Food Security Act of 
        1985 <<NOTE: 7 USC 1446g note.>>  is repealed.

    (e) Review of Suspension of Economic Embargo.--
            (1) Review.--If the President takes action under subsection 
        (a) to suspend the economic embargo of Cuba, the President shall 
        immediately so notify the Congress. The President shall report 
        to the Congress no less frequently than every 6 months 
        thereafter, until he submits a determination under section

[[Page 110 STAT. 811]]

        203(c)(3) that a democratically elected government in Cuba is in 
        power, on the progress being made by Cuba toward the 
        establishment of such a democratically elected government. The 
        action of the President under subsection (a) shall cease to be 
        effective upon the enactment of a joint resolution described in 
        paragraph (2).
            (2) Joint resolutions.--For purposes of this subsection, the 
        term ``joint resolution'' means only a joint resolution of the 2 
        Houses of Congress, the matter after the resolving clause of 
        which is as follows: ``That the Congress disapproves the action 
        of the President under section 204(a) of the Cuban Liberty and 
        Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the 
        economic embargo of Cuba, notice of which was submitted to the 
        Congress on ____.'', with the blank space being filled with the 
        appropriate date.
            (3) Referral to committees.--Joint resolutions introduced in 
        the House of Representatives shall be referred to the Committee 
        on International Relations and joint resolutions introduced in 
        the Senate shall be referred to the Committee on Foreign 
        Relations.
            (4) Procedures.--(A) Any joint resolution shall be 
        considered in the Senate in accordance with the provisions of 
        section 601(b) of the International Security Assistance and Arms 
        Export Control Act of 1976.
            (B) For the purpose of expediting the consideration and 
        enactment of joint resolutions, a motion to proceed to the 
        consideration of any joint resolution after it has been reported 
        by the appropriate committee shall be treated as highly 
        privileged in the House of Representatives.
            (C) <<NOTE: President. Notification.>>  Not more than 1 
        joint resolution may be considered in the House of 
        Representatives and the Senate in the 6-month period beginning 
        on the date on which the President notifies the Congress under 
        paragraph (1) of the action taken under subsection (a), and in 
        each 6-month period thereafter.

SEC. 205. <<NOTE: 22 USC 6065.>>  REQUIREMENTS AND FACTORS FOR 
            DETERMINING A TRANSITION GOVERNMENT.

    (a) Requirements.--For the purposes of this Act, a transition 
government in Cuba is a government that--
            (1) has legalized all political activity;
            (2) has released all political prisoners and allowed for 
        investigations of Cuban prisons by appropriate international 
        human rights organizations;
            (3) has dissolved the present Department of State Security 
        in the Cuban Ministry of the Interior, including the Committees 
        for the Defense of the Revolution and the Rapid Response 
        Brigades; and
            (4) has made public commitments to organizing free and fair 
        elections for a new government--
                    (A) to be held in a timely manner within a period 
                not to exceed 18 months after the transition government 
                assumes power;
                    (B) with the participation of multiple independent 
                political parties that have full access to the media on 
                an equal basis, including (in the case of radio, 
                television, or other telecommunications media) in terms 
                of allotments

[[Page 110 STAT. 812]]

                of time for such access and the times of day such 
                allotments are given; and
                    (C) to be conducted under the supervision of 
                internationally recognized observers, such as the 
                Organization of American States, the United Nations, and 
                other election monitors;
            (5) has ceased any interference with Radio Marti or 
        Television Marti broadcasts;
            (6) makes public commitments to and is making demonstrable 
        progress in--
                    (A) establishing an independent judiciary;
                    (B) respecting internationally recognized human 
                rights and basic freedoms as set forth in the Universal 
                Declaration of Human Rights, to which Cuba is a 
                signatory nation;
                    (C) allowing the establishment of independent trade 
                unions as set forth in conventions 87 and 98 of the 
                International Labor Organization, and allowing the 
                establishment of independent social, economic, and 
                political associations;
            (7) does not include Fidel Castro or Raul Castro; and
            (8) has given adequate assurances that it will allow the 
        speedy and efficient distribution of assistance to the Cuban 
        people.

    (b) <<NOTE: President.>>  Additional Factors.--In addition to the 
requirements in subsection (a), in determining whether a transition 
government in Cuba is in power, the President shall take into account 
the extent to which that government--
            (1) is demonstrably in transition from a communist 
        totalitarian dictatorship to representative democracy;
            (2) has made public commitments to, and is making 
        demonstrable progress in--
                    (A) effectively guaranteeing the rights of free 
                speech and freedom of the press, including granting 
                permits to privately owned media and telecommunications 
                companies to operate in Cuba;
                    (B) permitting the reinstatement of citizenship to 
                Cuban-born persons returning to Cuba;
                    (C) assuring the right to private property; and
                    (D) taking appropriate steps to return to United 
                States citizens (and entities which are 50 percent or 
                more beneficially owned by United States citizens) 
                property taken by the Cuban Government from such 
                citizens and entities on or after January 1, 1959, or to 
                provide equitable compensation to such citizens and 
                entities for such property;
            (3) has extradited or otherwise rendered to the United 
        States all persons sought by the United States Department of 
        Justice for crimes committed in the United States; and
            (4) has permitted the deployment throughout Cuba of 
        independent and unfettered international human rights monitors.

SEC. 206. <<NOTE: 22 USC 6066.>>  REQUIREMENTS FOR DETERMINING A 
            DEMOCRATICALLY ELECTED GOVERNMENT.

    For purposes of this Act, a democratically elected government in 
Cuba, in addition to meeting the requirements of section 205(a), is a 
government which--
            (1) results from free and fair elections--

[[Page 110 STAT. 813]]

                    (A) conducted under the supervision of 
                internationally recognized observers; and
                    (B) in which--
                          (i) opposition parties were permitted ample 
                      time to organize and campaign for such elections; 
                      and
                          (ii) all candidates were permitted full access 
                      to the media;
            (2) is showing respect for the basic civil liberties and 
        human rights of the citizens of Cuba;
            (3) is substantially moving toward a market-oriented 
        economic system based on the right to own and enjoy property;
            (4) is committed to making constitutional changes that would 
        ensure regular free and fair elections and the full enjoyment of 
        basic civil liberties and human rights by the citizens of Cuba;
            (5) has made demonstrable progress in establishing an 
        independent judiciary; and
            (6) has made demonstrable progress in returning to United 
        States citizens (and entities which are 50 percent or more 
        beneficially owned by United States citizens) property taken by 
        the Cuban Government from such citizens and entities on or after 
        January 1, 1959, or providing full compensation for such 
        property in accordance with international law standards and 
        practice.

SEC. 207. <<NOTE: 22 USC 6067.>>  SETTLEMENT OF OUTSTANDING UNITED 
            STATES CLAIMS TO CONFISCATED PROPERTY IN CUBA.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State shall provide a report 
to the appropriate congressional committees containing an assessment of 
the property dispute question in Cuba, including--
            (1) an estimate of the number and amount of claims to 
        property confiscated by the Cuban Government that are held by 
        United States nationals in addition to those claims certified 
        under section 507 of the International Claims Settlement Act of 
        1949;
            (2) an assessment of the significance of promptly resolving 
        confiscated property claims to the revitalization of the Cuban 
        economy;
            (3) a review and evaluation of technical and other 
        assistance that the United States could provide to help either a 
        transition government in Cuba or a democratically elected 
        government in Cuba establish mechanisms to resolve property 
        questions;
            (4) an assessment of the role and types of support the 
        United States could provide to help resolve claims to property 
        confiscated by the Cuban Government that are held by United 
        States nationals who did not receive or qualify for 
        certification under section 507 of the International Claims 
        Settlement Act of 1949; and
            (5) an assessment of any areas requiring legislative review 
        or action regarding the resolution of property claims in Cuba 
        prior to a change of government in Cuba.

    (d) Sense of Congress.--It is the sense of the Congress that the 
satisfactory resolution of property claims by a Cuban Government 

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