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H.R.927 / 104th Congress

Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

Became Public Law No: 104-114.

Official summary

Version 18 · Reported to House amended, Part I · Jul 24, 1995

TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime Title IV: Exclusion of Certain Aliens Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to a country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 103) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President submits a determination that a democratically elected government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership's taking effect after a democratically-elected government is in power. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 106) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met. (Sec. 107) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the election of a democratically elected government in Cuba. (Sec. 108) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 109) Declares that the Congress reaffirms: (1) the prohibition on the importation of and dealings in Cuban-origin merchandise outside the United States; and (2) that U.S. accession to the North American Free Trade Agreement (NAFTA) does not alter the U.S. sanctions against Cuba. Declares that the Congress notes that a specified section of the Food Security Act of 1985 requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless that country can verify to the President that any imports of Cuban sugar are not reexported to the United States. Prohibits the importation of sugars, syrups, or molasses into the United States unless the exporter has certified to the Secretary of the Treasury that they are not a product of Cuba. Sets forth penalties for violations of such prohibition. (Sec. 110) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund. (Sec. 111) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 112) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed on the United States. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Directs the President to determine, as part of the assistance plan, whether or not to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) extend nondiscriminatory trade treatment (most-favored-nation treatment) to Cuban products; (2) enter into a preliminary agreement with Cuba providing for extension of NAFTA or to seek the creation of an economic community with Cuba; and (3) take steps to encourage renewed investment in Cuba. (Sec. 203) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend the economic embargo against Cuba. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation. (Sec. 304) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission. Title IV: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States.

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Who introduced it

Rep. Burton, Dan [R-IN-6] · R–IN

Committees

  • Ways and Means Committee
  • Judiciary Committee
  • Financial Services Committee
  • Foreign Affairs Committee
43 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Became Public Law No: 104-114.

  2. Became Public Law No: 104-114.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. On agreeing to the conference report Agreed to by the Yeas and Nays: 336 - 86, 1 Present (Roll no. 47). (consideration: CR H1749)

    House roll call 47 · Individual votes
  8. Motion to reconsider laid on the table Agreed to without objection.

  9. Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 336 - 86, 1 Present (Roll no. 47).(consideration: CR H1749)

    House roll call 47 · Individual votes
  10. The previous question was ordered without objection.

  11. DEBATE - The House proceeded with one hour of debate on the conference report.

  12. Mr. Gilman brought up conference report H. Rept. 104-468 for consideration under the provisions of H. Res. 370.

  13. Rule H. Res. 370 passed House.

  14. Message on Senate action sent to the House.

  15. Rules Committee Resolution H. Res. 370 Reported to House. Rule provides for consideration of the conference report to H.R. 927 with 1 hour of general debate. Upon adoption of this resolution, all points of order against the conference report accompanying the bill and against its consideration shall be waived.

  16. Senate agreed to conference report by Yea-Nay Vote. 74-22. Record Vote No: 22. (consideration: CR S1511)

    Senate roll call 22 · Individual votes
  17. Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 74-22. Record Vote No: 22.(consideration: CR S1511)

    Senate roll call 22 · Individual votes
  18. Conference report considered in Senate.

  19. Conference papers: official papers held at the desk in Senate.

  20. Conference report H. Rept. 104-468 filed. (text of conference report: CR H1645-1662)

  21. Conference report filed: Conference report H. Rept. 104-468 filed.(text of conference report: CR H1645-1662)

  22. Mr. Funderburk asked unanimous consent that managers on the part of the House have until 5:00 p.m. on March 1 to file a conference report on H.R. 927. Agreed to without objection.

  23. Conferees agreed to file conference report.

  24. Conference committee actions: Conferees agreed to file conference report.

  25. Message on Senate action sent to the House.

  26. Senate insists on its amendment agrees to request for a conference, appoints conferees Helms; Coverdell; Thompson; Snowe; Pell; Dodd; Robb. (consideration: CR S18639)

  27. Measure laid before Senate by unanimous consent. (consideration: CR S16974-16977, S16979, S16993, S16995)

  28. Message on House action received in Senate and at the desk: House requests a conference.

  29. Motion to reconsider laid on the table Agreed to without objection.

  30. The Speaker appointed conferees: Gilman, Burton, Ros-Lehtinen, King, Diaz-Balart, Hamilton, Gejdenson, Torricelli, and Menendez.

  31. On motion that the House disagree to the Senate amendment, and request a conference Agreed to without objection. (consideration: CR H11807)

  32. Mr. Gilman asked unanimous consent that the House disagree to the Senate amendment, and request a conference.

  33. Message on Senate action sent to the House.

  34. Passed Senate with an amendment by Yea-Nay Vote. 74-24. Record Vote No: 494.

    Senate roll call 494 · Individual votes
  35. Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 74-24. Record Vote No: 494.

    Senate roll call 494 · Individual votes
  36. Amendment SP 2898 agreed to in Senate by Voice Vote.

  37. Amendment SP 2936 agreed to in Senate by Voice Vote.

  38. Motion to table SP 2908 agreed to in Senate by Yea-Nay Vote. 64-34. Record Vote No: 493.

    Senate roll call 493 · Individual votes
  39. Motion to table SP 2906 agreed to in Senate by Yea-Nay Vote. 64-34. Record Vote No: 493.

    Senate roll call 493 · Individual votes
  40. Motion to table SP 2934 agreed to in Senate by Yea-Nay Vote. 73-25. Record Vote No: 492.

    Senate roll call 492 · Individual votes
  41. Amendment SP 2908 proposed by Senator Dodd to Amendment SP 2936.

  42. Amendment SP 2906 proposed by Senator Dodd to Amendment SP 2936.

  43. Considered by Senate. (consideration: CR S15315-15325)

  44. Amendment SP 2934 proposed by Senator Simon to Amendment SP 2936.

  45. Amendment SP 2930 agreed to in Senate by Voice Vote.

  46. Amendment SP 2930 proposed by Senator Helms for Senator Bradley to Amendment SP 2936.

  47. Amendment SP 2936 proposed by Senator Helms to Amendment SP 2898.

  48. SP 2915 fell when cloture invoked.

  49. Third cloture on substitute amendment (SP 2898) invoked in Senate by Yea-Nay Vote. 98-0. Record Vote No: 491. (consideration: CR S15278)

    Senate roll call 491 · Individual votes
  50. Considered by Senate. (consideration: CR S15277-15278, S15282-15287)

  51. Motion to table SP 2916 agreed to in Senate by Yea-Nay Vote. 49-45. Record Vote No: 490.

    Senate roll call 490 · Individual votes
  52. Second cloture on substitute amendment (SP2898) not invoked in Senate by Yea-Nay Vote. 59-36. Record Vote No: 489. (consideration: CR S15217)

    Senate roll call 489 · Individual votes
  53. Considered by Senate. (consideration: CR S15199-15201, S15203-15219)

  54. Third cloture motion on the substitute amendment (SP 2898) presented in Senate. (consideration: CR S15165)

  55. Considered by Senate. (consideration: CR S15165)

  56. First cloture on substitute amendment (SP 2898) not invoked in Senate by Yea-Nay Vote. 56-37. Record Vote No: 488. (consideration: CR S15114)

    Senate roll call 488 · Individual votes
  57. Amendment SP 2916 proposed by Senator Ashcroft to Amendment SP 2915.

  58. Amendment SP 2915 proposed by Senator Ashcroft to Amendment SP 2898.

  59. Considered by Senate. (consideration: CR S15077-15092, S15094-15095, S15100-15102, S15104-15114)

  60. Second cloture motion on substitute amendment (SP 2898) presented in Senate. (consideration: CR S15025)

  61. Cloture motion on substitute amendment (SP 2898) presented in Senate. (consideration: CR S14994)

  62. Amendment SP 2898 proposed by Senator Dole.

  63. Measure laid before Senate by unanimous consent. (consideration: CR S14993-15003, S15005-15023, S15025)

  64. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 202.

  65. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  66. Motion to reconsider laid on the table Agreed to without objection.

  67. On passage Passed by recorded vote: 294 - 130 (Roll no. 683).

    House roll call 683 · Individual votes
  68. Passed/agreed to in House: On passage Passed by recorded vote: 294 - 130 (Roll no. 683).

    House roll call 683 · Individual votes
  69. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  70. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 927.

  71. DEBATE - Pursuant to the provisions of H. Res. 225, the Committee of the Whole proceeded with 20 minutes of debate on the Wynn amendment.

  72. DEBATE - Pursuant to the provisions of H. Res. 225, the Commttee of the Whole proceeded with one hour of debate on the McDermott amendment.

  73. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  74. Considered as unfinished business. (consideration: CR H9368-9398, H9398-9399)

  75. Committee of the Whole House on the state of the Union rises leaving H.R. 927 as unfinished business.

  76. On motion that the Committee rise Agreed to by voice vote.

  77. Mr. Burton moved that the Committee rise.

  78. GENERAL DEBATE - The Committee of the Whole proceeded with two and one-half hours of general debate.

  79. The Speaker designated the Honorable John J. Duncan Jr. to act as Chairman of the Committee.

  80. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 225 and Rule XXIII.

  81. Rule provides for consideration of H.R. 927 with two and one-half hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Specified amendments are in order. In lieu of the amendment recommended by the Committee on International Relations now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of H.R. 2347. Specified points of order shall be waived. Before consideration of any other amendment it shall be in order to consider a further amendment in the nature of a substitute by Rep. Hamilton. Such amendment shall be debatable for 1 hour and not subject to amendment. If such a further amendment is rejected or not offered, then no further amendment shall be in order except those

  82. Considered under the provisions of rule H. Res. 225. (consideration: CR H9337-9356)

  83. Rule H. Res. 225 passed House.

  84. Rules Committee Resolution H. Res. 225 Reported to House. Rule provides for consideration of H.R. 927 with 2 hours and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Specified amendments are in order. In lieu of the amendment recommended by the Committee on International Relations now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the fiv-minute rule an amendment in the nature of a substitute consisting of the text of H.R. 2347. Specified points of order shall be waived. Before consideration of any other amendment it shall be in order to consider a further amendment in the nature of a substitute by Rep. Hamilton. Such amendmnt shall be debatable for 1 hour and not subject to amendment. If such a further amendment is rejected or not offered, then no further amendment shall be in order except those printed in t...

  85. Placed on the Union Calendar, Calendar No. 122.

  86. Committee on Ways and Means discharged.

  87. Committee on Ways and Means discharged.

  88. Committee on Judiciary discharged.

  89. Committee on Judiciary discharged.

  90. Committee on Banking and Financial Services discharged.

  91. Committee on Banking and Financial Services discharged.

  92. House Committee on Ways and Means Granted an extension for further consideration ending not later than Aug. 4, 1995.

  93. House Committee on Judiciary Granted an extension for further consideration ending not later than Aug. 4, 1995.

  94. House Committee on Banking and Financial Services Granted an extension for further consideration ending not later than Aug. 4, 1995.

  95. Reported (Amended) by the Committee on International Relations. H. Rept. 104-202, Part I.

  96. Reported (Amended) by the Committee on International Relations. H. Rept. 104-202, Part I.

  97. Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 9.

  98. Committee Consideration and Mark-up Session Held.

  99. Committee Consideration and Mark-up Session Held.

  100. Referred to the Subcommittee on Domestic and International Monetary Policy.

  101. Forwarded by Subcommittee to Full Committee (Amended).

  102. Subcommittee Consideration and Mark-up Session Held.

  103. Subcommittee Hearings Held.

  104. Referred to the Subcommittee on Immigration and Claims.

  105. Referred to the Subcommittee on Trade.

  106. Executive Comment Received from State.

  107. Executive Comment Requested from State.

  108. Referred to the Subcommittee on International Economic Policy and Trade.

  109. Referred to the Subcommittee on the Western Hemisphere.

  110. Referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  111. Referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  112. Referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  113. Referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  114. Referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  115. Introduced in House

  116. Introduced in House

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