HR 5616 IH

To provide for the expiration of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, on March 31, 2003.

October 10, 2002

Mr. DOOLEY of California (for himself, Mrs. EMERSON, Mr. TOWNS, Mr. PAUL, Mr. SNYDER, Mr. NETHERCUTT, Mr. MCGOVERN, Mr. FLAKE, Mr. DELAHUNT, Mr. SHAYS, Ms. HOOLEY of Oregon, Mr. FARR of California, Mr. BERMAN, Mr. LAMPSON, Mr. BLUMENAUER, Mr. THOMPSON of California, Mr. BERRY, Mr. DEFAZIO, Mr. RANGEL, Ms. SOLIS, Mr. GEORGE MILLER of California, Mr. WAXMAN, Mr. STENHOLM, and Mr. JOHNSON of Illinois) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, Judiciary, 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

To provide for the expiration of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, on March 31, 2003.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Sunset of Helms-Burton Act of 2002'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The purpose of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, was to seek international sanctions against the Castro Government in Cuba and to plan for support of a transition government leading to a democratically elected government in Cuba.

(2) The LIBERTAD Act and other sanctions implemented by the United States against Cuba and its foreign investors have failed to promote democracy, denied Cubans access to food and medicine, and undermined trade relations between the United States and its strongest allies.

(3) The President of the United States, as authorized under title III of that Act, has suspended the right to bring any action under that title every 6 months since the enactment of that Act, so that significant provisions of the legislation have never been in full force.

(4) The United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges.

SEC. 3. EXPIRATION OF THE LIBERTAD ACT.

The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 shall cease to be effective on March 31, 2003.

SEC. 4. CONFORMING AMENDMENTS.

(a) CUBAN DEMOCRACY ACT OF 1992-

(1) Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)) is amended--

(A) by inserting `and' at the end of subparagraph (A);

(B) by striking subparagraph (B);

(C) by redesignating subparagraph (C) as subparagraph (B); and

(D) by striking the flush sentence at the end.

(2) Section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by striking paragraphs (5) and (6).

(b) FOREIGN ASSISTANCE ACT OF 1961-

(1) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended--

(A) in subsection (a)(11) by striking `and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos', and inserting `facilities,';

(B) in subsection (b)--

(i) in paragraph (4) by adding `and' after the semicolon;

(ii) by striking paragraph (5); and

(iii) by redesignating paragraph (6) as paragraph (5); and

(C) by striking subsection (d).

(2) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4).

(c) TITLE 28, UNITED STATES CODE- Section 1611 of title 28, United States Code, is amended by striking subsection (c).

(d) INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949- Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 16431 and 1643m) are repealed.

(e) EFFECTIVE DATE- The amendments made by this section shall take effect on March 31, 2003.

SEC. 5. NO RIGHT OF ACTION.

No action under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 may be brought on or after March 31, 2003, with respect to trafficking (as defined under that Act) occurring before, on, or after that date.

SEC. 6. TERMINATION OF ACTIONS UNDER TITLE IV.

(a) TERMINATION OF ACTIONS UNDER TITLE IV- As of March 1, 2003--

(1) all denials of visas and all exclusions pursuant to title IV of the Cuban Liberty and Democratic and Solidarity (LIBERTAD) Act of 1996 shall expire; and

(2) the names of all persons subject to such denials or exclusions shall be removed from any lists or other records used by the Secretary of State or the Attorney General to enforce title IV of that Act.

(b) NOTIFICATION- Not later than June 30, 2003, the Secretary of State shall notify in writing all persons subject to denials or exclusions to which subsection (a) applies of the expiration and removal under subsection (a).

END