119-s488

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 488 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 488

 To impose sanctions with respect to foreign persons that engage in 
 certain transactions relating to Cuba and to impose sanctions with 
 respect to human rights abuse and corruption in Cuba, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 6 (legislative day, February 5), 2025

 Mr. Scott of Florida (for himself and Mr. Tuberville) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Foreign Relations

_______________________________________________________________________

 A BILL

 To impose sanctions with respect to foreign persons that engage in 
 certain transactions relating to Cuba and to impose sanctions with 
 respect to human rights abuse and corruption in Cuba, and for other 
 purposes.

 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 ``Denying Earnings to the Military 
Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence 
Apparatus Act'' or the ``DEMOCRACIA Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) The Cuban Communist takeover of 1959 established in 
 Cuba a one-party authoritarian state of the Cuban Communist 
 Party.

    (2) Cuba is a totalitarian state, in which the Cuban 
 Communist Party has brutally oppressed the people of Cuba for 
 more than 60 years.

    (3) Cuban democracy activists, including Las Damas de 
 Blanco (also known as ``Ladies in White''), a group composed of 
 wives and relatives of political prisoners, prisoners of 
 conscience, and peaceful activists in Cuba, are routinely 
 repressed, censured, beaten, and unjustly imprisoned by the 
 Cuban Communist Party.

    (4) On July 11, 2021, protesters marched in the streets 
 throughout Cuba voicing their opposition against the communist 
 regime of Cuba.

    (5) During those protests, Cubans in more than 40 cities 
 held demonstrations chanting ``Freedom!'', ``Down with the 
 Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life'').

    (6) Through those protests, the people of Cuba demanded the 
 end to communism in Cuba and access to food, medicine, water, 
 and electricity, basic needs that the communist system in Cuba 
 cannot provide.

    (7) Cubans gathered outside of the headquarters of the 
 Cuban Communist Party chanting, ``Cuba isn't yours!''. In a 
 clear message, Cubans exercised their fundamental God-given 
 rights to peaceably assemble, express their political opinions, 
 and live free of censorship and oppression and demanded the 
 ruling elites, especially the Cuban Communist Party, release 
 its control of their government and give the power back to the 
 people.

    (8) During the July 11, 2021, protests, the Cuban Communist 
 Party deployed a wave of terror throughout Cuba by--
        (A) unleashing its secret police and some military 
 forces on peaceful protesters and unlawfully detained 
 them, including by--
            (i) harassing and threatening people in 
 their homes;
            (ii) abducting and torturing civil society 
 leaders and other Cubans peacefully exercising 
 their fundamental rights; and
            (iii) detaining more than 800 Cubans for 
 peacefully protesting, who have gone missing 
 since the protests and demonstrations began, 
 including leaders from Cuban civil society 
 groups such as UNPACU, the San Isidro Movement, 
 the Ladies in White, and religious leaders; and
        (B) in a crude and savage effort to silence the 
 Cuban people, cutting internet connectivity and mobile 
 services throughout Cuba, which prevented the Cuban 
 people from organizing and hid from the outside world 
 images and videos of the oppressive and brutal 
 crackdown by the Government of Cuba.

    (9) In response to these demonstrations and protests, the 
 regime blocked access to social media, messaging platforms and 
 cellular services, and arrested and detained hundreds of 
 protesters, activists, and journalists, according to Cuban 
 human rights groups.

    (10) The Human Rights Report on Cuba for 2020 set forth by 
 the Department of State found that Cuba is an authoritarian 
 state.

    (11) A new constitution ratified in February 2019 codified 
 that Cuba remains a one-party system in which the Cuban 
 Communist Party is the only legal political party. Elections in 
 Cuba were neither free, fair, nor competitive.

    (12) The Ministry of Interior of Cuba

    (MININT) controls 
 police, internal security forces, and the prison system. The 
 National Revolutionary Police are the primary law enforcement 
 organization of the Ministry. Specialized units of the state 
 security branch of the Ministry are responsible for monitoring, 
 infiltrating, and suppressing independent political activity. 
 The national leadership of Cuba, including members of the 
 military, maintain effective control over the security forces. 
 Members of the security forces have committed numerous abuses.

    (13) Significant human rights issues in Cuba include the 
 following:
        (A) Unlawful or arbitrary killings by the 
 Government of Cuba, including extrajudicial killings.
        (B) Forced disappearances by the Government of 
 Cuba.
            (C) Torture and cruel, inhuman, and degrading 
 treatment of political dissidents, detainees, and 
 prisoners by security forces.
            (D) Harsh and life-threatening prison conditions.
        (E) Arbitrary arrests and detentions.
        (F) The detaining of political prisoners.
        (G) Significant problems with the independence of 
 the judiciary.
        (H) Arbitrary or unlawful interference with 
 privacy.
            (I) Functional lack of freedom of the press, as 
 criminal libel laws are used against persons who 
 criticize leadership of the Government of Cuba and that 
 Government has engaged in censorship and internet site 
 blocking.
        (J) Severe limitations on academic and cultural 
 freedom.
        (K) Severe restrictions on the right of peaceful 
 assembly and denial of freedom of association, 
 including refusal to recognize independent 
 associations.
            (L) Severe restrictions on religious freedom.
            (M) Restrictions on internal and external freedom 
 of movement.
        (N) Inability of citizens to change their 
 government through free and fair elections.
        (O) Restrictions on political participation to 
 members of the ruling party.
        (P) Corruption by officials of the Government of 
 Cuba.
        (Q) Trafficking in persons, including compulsory 
 labor.
        (R) Outlawing of independent trade unions.

    (14) Officials of the Government of Cuba, at the direction 
 of their superiors, have committed most human rights abuses. As 
 a matter of policy, officials failed to investigate or 
 prosecute the individuals who committed those abuses. Impunity 
 for the perpetrators has remained widespread.

    (15) The United States Commission on International 
 Religious Freedom recommended in its 2021 Annual Report that 
 the United States Government again place Cuba on the special 
 watch list under 

section 402

    (b)

    (1)
        (A)
            (iii) of the International 
 Religious Freedom Act of 1998 (22 U.S.C. 6442

    (b)

    (1)
        (A)
            (iii) ) 
 and recommended imposing sanctions on the Office of Religious 
 Affairs of Cuba.

    (16) In the report specified in paragraph

    (15) , the United 
 States Commission on International Religious Freedom raised 
 concerns regarding the denial in Cuba of religious freedom for 
 human rights activists, independent journalists, and 
 protesters, particularly in the wake of demonstrations that 
 started on November 13, 2020, calling for greater freedom of 
 expression in Cuba.

    (17) Cuba was ground zero for a series of yet unexplained 
 attacks in 2016 on members of the diplomatic community of the 
 United States in Havana, Cuba.

    (18) Cuba continues to provide safe harbor for adversaries 
 of the United States, including multiple fugitives from justice 
 in the United States, including William Morales, Charles Hill, 
 Victor Manuel Gerena, and Joanne Chesimard, who executed New 
 Jersey State Trooper Werner Foerster during a routine traffic 
 stop in May 1973.

    (19) The Trade Sanctions Reform and Export Enhancement Act 
 of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from 
 imposing unilateral agricultural or medical sanctions against 
 Cuba.

    (20) The defense, security, and intelligence sectors of 
 Cuba are the primary perpetrators of beatings, arrests, 
 detainments, and unjust imprisonments of the Cuban people.

    (21) The Cuban Communist Party has a long history of 
 racism.

    (22) No high level positions within the Cuban Communist 
 Party are occupied by Afro-Cubans.

    (23) Many Cubans who suffered the worst treatment at the 
 hands of the security forces of the Cuban Communist Party are 
 Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia 
 Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas 
 Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara, 
 and Ivan Hernandez Carrillo.

    (24) On January 12, 2021, the Department of State 
 determined that Cuba has repeatedly provided support for acts 
 of international terrorism and was designated a state sponsor 
 of terrorism.

    (25) On May 14, 2021, Secretary of State Antony Blinken 
 determined and certified to Congress that Cuba is not 
 cooperating fully with United States antiterrorism efforts.

    (26) The Cuban Communist Party continues to support 
 international terrorist groups such as the Revolutionary Armed 
 Forces of Colombia

    (FARC) and the National Liberation Army

    (ELN) .

    (27) Commercial engagement with the defense, security, and 
 intelligence sectors of Cuba empowers the human rights abuses, 
 racism against Afro-Cubans, and support for international 
 terrorism by the Cuban Communist Party.

    (b) Sense of Congress.--It is the sense of Congress that Congress--

    (1) reaffirms subsection

    (a) of 

section 1704 of the Cuban 
 Democracy Act of 1992 (22 U.S.C. 6003), which states that the 
 President should encourage foreign countries to restrict trade 
 and credit relations with Cuba in a manner consistent with the 
 purposes of that Act; and

    (2) urges the President to take immediate steps to apply 
 the sanctions described in subsection

    (b)

    (1) of that section 
 with respect to countries assisting Cuba.

SEC. 3. STATEMENT OF POLICY.

 It shall be the policy of the United States--

    (1) to support the desire of the people of Cuba for freedom 
 and democracy; and

    (2) to work with allies and the international community to 
 seek to restrict and reduce the financial resources of the 
 Cuban dictatorship, which supports terrorism and perpetrates 
 injustice and human rights abuses against the Cuban people, 
 that being the Cuban military, security, and intelligence 
 sectors.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
 ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA.

    (a) Imposition of Sanctions.--

    (1) In general.--The President shall impose the sanctions 
 described in subsection

    (b) with respect to a foreign person if 
 the President determines that the foreign person, on or after 
 the date of the enactment of this Act, knowingly engages in an 
 activity described in paragraph

    (2) .

    (2) Activities described.--Except as provided in paragraph

    (3) , a foreign person engages in an activity described in this 
 paragraph if the foreign person provides financial, material, 
 or technological support to, or engages in a transaction with--
        (A) a covered sector of the Government of Cuba, or 
 any entity or individual affiliated with such sector 
 (including an immediate adult family member of such 
 individual);
        (B) an agency, instrumentality, or other entity 
 owned by an entity that is part of or associated with a 
 covered sector, entity, or individual described in 
 subparagraph
        (A) in a percentage share exceeding 25 
 percent;
            (C) an individual who is a senior official of a 
 covered sector or entity described in subparagraph
        (A) (including an immediate adult family member of such 
 individual);
            (D) an agency, instrumentality, or other entity 
 operated or controlled by a covered sector, entity, or 
 individual described in subparagraph
        (A) ;
        (E) an entity or individual--
            (i) for the purpose of avoiding a financial 
 transaction with, or the transfer of funds to, 
 an entity or individual specified in any of 
 subparagraphs
        (A) through
            (D) ; or
            (ii) for the benefit of an entity or 
 individual specified in any of subparagraphs
        (A) through
            (D) ;
        (F) a foreign person that is a military contractor, 
 mercenary, or a paramilitary force knowingly operating 
 in a military, security, or intelligence capacity for 
 or on behalf of the Government of Cuba; or
        (G) a foreign person subject to sanctions pursuant 
 to the International Emergency Economic Powers Act (50 
 U.S.C. 1701 et seq.) or the Trading with the Enemy Act 
 (50 U.S.C. 4301 et seq.) with respect to Cuba or any 
 other provision of law that imposes sanctions or other 
 economic restrictions or limitations with respect to 
 Cuba.

    (3) Exceptions.--The following activities engaged in by a 
 foreign person shall not be considered to be activities 
 described in paragraph

    (2) for purposes of imposing sanctions 
 described in subsection

    (b) with respect to the person:
        (A) The sale of agricultural commodities, 
 medicines, and medical devices sold to Cuba consistent 
 with the Trade Sanctions Reform and Export Enhancement 
 Act of 2000 (22 U.S.C. 7201 et seq.).
        (B) A remittance to an immediate family member, 
 other than--
            (i) an individual who is a high-level 
 member of the Cuban Communist Party; or
            (ii) an individual who is an immediate 
 family member of an individual described in 
 clause
            (i) .
            (C) A payment in furtherance of the lease agreement 
 for, or other financial transactions necessary for 
 maintenance and improvements of, the military base at 
 Guantanamo Bay, Cuba, including any adjacent areas 
 under the control or possession of the United States.
            (D) Assistance or support in furtherance of 
 democracy-building efforts for Cuba described in 
 

section 109 of the Cuban Liberty and Democratic 
 Solidarity

    (LIBERTAD) Act of 1996 (22 U.S.C. 6039).
        (E) Customary and routine financial transactions 
 necessary for the maintenance, improvements, or regular 
 duties of the United States Embassy in Havana, Cuba, 
 including outreach to the pro-democracy opposition.
        (F) Accessing the internet or providing cellular 
 services if the internet and cellular services have 
 been restored, are without interference from the Cuban 
 regime, and do not include any technology, services, or 
 communications backed by the Communist Party of the 
 People's Republic of China.

    (4) Sense of congress.--It is the sense of Congress that 
 the President should, in making a determination of whether a 
 foreign person engages in an activity described in paragraph

    (2) , consider the provision of loans, credits, or export 
 credits by the person to be a form of significant financial, 
 material, or technological support as described in such 
 paragraph.

    (5) Covered sector defined.--In this subsection, the term 
 ``covered sector'' means--
        (A) the defense sector;
        (B) the security sector;
            (C) the intelligence sector; or
            (D) any other sector of the Government of Cuba 
 beginning 15 days after the date on which the President 
 certifies to Congress that such sector is involved in 
 carrying out human rights abuses or providing support 
 for international terrorism.

    (b) Sanctions Described.--

    (1) In general.--The sanctions to be imposed with respect 
 to a foreign person subject to subsection

    (a) are the 
 following:
        (A) Blocking of property.--The President shall 
 exercise all of the powers granted to the President 
 under the International Emergency Economic Powers Act 
 (50 U.S.C. 1701 et seq.) and the Trading with the Enemy 
 Act (50 U.S.C. 4301 et seq.) to the extent necessary to 
 block and prohibit all transactions in property and 
 interests in property of the foreign person if such 
 property and interests in property are in the United 
 States, come within the United States, or are or come 
 within the possession or control of a United States 
 person.
        (B) Aliens ineligible for visas, admission, or 
 parole.--
            (i) Visas, admission, or parole.--An alien 
 who the Secretary of State or the Secretary of 
 Homeland Security (or a designee of one of such 
 Secretaries) knows, or has reason to believe, 
 has knowingly engaged in any activity described 
 in subsection

    (a)

    (2) is--
            (I) inadmissible to the United 
 States;
            (II) ineligible to receive a visa 
 or other documentation to enter the 
 United States; and
            (III) otherwise ineligible to be 
 admitted or paroled into the United 
 States or to receive any other benefit 
 under the Immigration and Nationality 
 Act (8 U.S.C. 1101 et seq.).
            (ii) Current visas revoked.--
            (I) In general.--The issuing 
 consular officer, the Secretary of 
 State, or the Secretary of Homeland 
 Security (or a designee of one of such 
 Secretaries) shall, in accordance with 
 

section 221
            (i) of the Immigration and 
 Nationality Act (8 U.S.C. 1201
            (i) ), 
 revoke any visa or other entry 
 documentation issued to an alien 
 described in clause
            (i) regardless of 
 when the visa or other entry 
 documentation is issued.
            (II) Effect of revocation.--A 
 revocation under subclause
            (I) --

    (aa) shall take effect 
 immediately; and

    (bb) shall automatically 
 cancel any other valid visa or 
 entry documentation that is in 
 the alien's possession.

    (2) Penalties.--The penalties provided for in subsections

    (b) and
            (c) of 

section 206 of the International Emergency 
 Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
 that violates, attempts to violate, conspires to violate, or 
 causes a violation of any regulation, license, or order issued 
 to carry out paragraph

    (1)
        (A) to the same extent that such 
 penalties apply to a person that commits an unlawful act 
 described in subsection

    (a) of that section.

    (3) Exception to comply with international obligations.--
 Sanctions under paragraph

    (1)
        (B) shall not apply with respect 
 to an alien if admitting or paroling the alien into the United 
 States is necessary to permit the United States to comply with 
 the Agreement regarding the Headquarters of the United Nations, 
 signed at Lake Success June 26, 1947, and entered into force 
 November 21, 1947, between the United Nations and the United 
 States, or other applicable international obligations.
            (c) Implementation.--The President shall exercise all authorities 
under sections 203 and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except 
that the President--

    (1) shall not issue any general license authorizing, or 
 otherwise authorize, any activity subject to sanctions under 
 subsection

    (a) ; and

    (2) shall require any United States person seeking to 
 engage in a financial transaction or transfer of funds subject 
 to sanctions under subsection

    (a) to submit a written request 
 to the Office of Foreign Assets Control of the Department of 
 the Treasury.
            (d) Waiver.--The President may waive the application of sanctions 
described in subsection

    (b) with respect to a foreign person for a 
period of 180 days (and such waiver may not be renewed) if the 
President determines and certifies to Congress that such waiver is in 
the vital national security interest of the United States.

    (e) 

=== Definitions. ===
-In this section:

    (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
 have the meanings given those terms in 

section 101 of the 
 Immigration and Nationality Act (8 U.S.C. 1101).

    (2) Entity.--The term ``entity'' means a partnership, 
 association, trust, joint venture, corporation, group, 
 subgroup, or other organization.

    (3) Foreign person.--The term ``foreign person'' means a 
 person that is not a United States person.

    (4) Person.--The term ``person'' means an individual or 
 entity.

    (5) United states person.--The term ``United States 
 person'' means--
        (A) a United States citizen or an alien lawfully 
 admitted to the United States for permanent residence;
        (B) an entity organized under the laws of the 
 United States or any jurisdiction within the United 
 States (including any foreign branch of such an 
 entity); and
            (C) any person in the United States.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSE AND 
 CORRUPTION IN CUBA.

    (a) In General.--The President shall impose the sanctions described 
in subsection

    (b) with respect to the following persons:

    (1) Any foreign person determined by the Secretary of the 
 Treasury, in consultation with the Secretary of State and the 
 Attorney General--
        (A) to be responsible for or complicit in, or to 
 have directly or indirectly engaged in, serious human 
 rights abuse in Cuba;
        (B) to be a current or former official of the 
 Government of Cuba, or a person acting for or on behalf 
 of such an official, who is responsible for or 
 complicit in, or has directly or indirectly engaged 
 in--
            (i) corruption, including the 
 misappropriation of state assets, the 
 expropriation of private assets for personal 
 gain, corruption related to government 
 contracts or the extraction of natural 
 resources, or bribery; or
            (ii) the transfer or the facilitation of 
 the transfer of the proceeds of corruption;
            (C) to be or have been a leader or official of--
            (i) an entity, including a government 
 entity, that has engaged in, or whose members 
 have engaged in, any of the activities 
 described in subparagraph
        (A) or
        (B) relating 
 to the tenure of the leader or official; or
            (ii) an entity whose property and interests 
 in property are blocked under subsection

    (b)

    (1) as a result of activities related to the tenure 
 of the leader or official;
            (D) to have materially assisted, sponsored, or 
 provided financial, material, or technological support 
 for, or goods or services to or in support of--
            (i) any activity described in subparagraph
        (A) or
        (B) that is conducted by a foreign 
 person;
            (ii) any person whose property and 
 interests in property are blocked under 
 subsection

    (b)

    (1) ; or
            (iii) any entity, including a government 
 entity, that has engaged in, or whose members 
 have engaged in, any of the activities 
 described in subparagraph
        (A) or
        (B) of 
 paragraph

    (1) , if the activity is conducted by 
 a foreign person;
        (E) to have received any contribution or provision 
 of funds, goods, or services from any person whose 
 property and interests in property are blocked under 
 subsection

    (b)

    (1) ;
        (F) to be owned or controlled by, or to have acted 
 or purported to act for or on behalf of, directly or 
 indirectly, any person whose property and interests in 
 property are blocked under subsection

    (b)

    (1) ;
        (G) to be under the control of, or to act for or on 
 behalf of, the military, intelligence, or security 
 services or personnel of Cuba;
        (H) to be an official of the Government of Cuba who 
 works with the Ministry of Justice or the Office of the 
 Attorney General and who violates due process rights of 
 an individual in Cuba; or
            (I) to have attempted to engage in any of the 
 activities described in subparagraph
        (A) or
        (B) .

    (2) Members of the Communist Party of Cuba, including--
        (A) members of the Politburo;
        (B) members, department heads, and employees of the 
 Central Committee;
            (C) secretaries and first secretaries of the 
 provincial party central committees; and
            (D) members of the Office of Religious Affairs.

    (3) Members of the Council of State.

    (4) Members of the Council of Ministers.

    (5) Members of the Committees for the Defense of the 
 Revolution.

    (6) The Revolutionary Armed Forces of Cuba.

    (7) The Ministry of the Interior of Cuba, including the 
 National Revolutionary Police Force.

    (8) The Office of the President of Cuba.

    (9) The spouse and children of any individual subject to 
 sanctions under this section.

    (b) Sanctions Described.--

    (1) In general.--The sanctions to be imposed with respect 
 to a foreign person subject to subsection

    (a) are the 
 following:
        (A) Blocking of property.--The President shall 
 exercise all of the powers granted to the President 
 under the International Emergency Economic Powers Act 
 (50 U.S.C. 1701 et seq.) to the extent necessary to 
 block and prohibit all transactions in property and 
 interests in property of the foreign person if such 
 property and interests in property are in the United 
 States, come within the United States, or are or come 
 within the possession or control of a United States 
 person.
        (B) Aliens ineligible for visas, admission, or 
 parole.--
            (i) Visas, admission, or parole.--An alien 
 who the Secretary of State or the Secretary of 
 Homeland Security (or a designee of one of such 
 Secretaries) knows, or has reason to believe, 
 is a foreign person subject to subsection

    (a) is--
            (I) inadmissible to the United 
 States;
            (II) ineligible to receive a visa 
 or other documentation to enter the 
 United States; and
            (III) otherwise ineligible to be 
 admitted or paroled into the United 
 States or to receive any other benefit 
 under the Immigration and Nationality 
 Act (8 U.S.C. 1101 et seq.).
            (ii) Current visas revoked.--
            (I) In general.--The issuing 
 consular officer, the Secretary of 
 State, or the Secretary of Homeland 
 Security (or a designee of one of such 
 Secretaries) shall, in accordance with 
 

section 221
            (i) of the Immigration and 
 Nationality Act (8 U.S.C. 1201
            (i) ), 
 revoke any visa or other entry 
 documentation issued to an alien 
 described in clause
            (i) regardless of 
 when the visa or other entry 
 documentation is issued.
            (II) Effect of revocation.--A 
 revocation under subclause
            (I) --

    (aa) shall take effect 
 immediately; and

    (bb) shall automatically 
 cancel any other valid visa or 
 entry documentation that is in 
 the alien's possession.

    (2) Penalties.--The penalties provided for in subsections

    (b) and
            (c) of 

section 206 of the International Emergency 
 Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
 that violates, attempts to violate, conspires to violate, or 
 causes a violation of any regulation, license, or order issued 
 to carry out paragraph

    (1)
        (A) to the same extent that such 
 penalties apply to a person that commits an unlawful act 
 described in subsection

    (a) of that section.

    (3) Exception to comply with international obligations.--
 Sanctions under paragraph

    (1)
        (B) shall not apply with respect 
 to an alien if admitting or paroling the alien into the United 
 States is necessary to permit the United States to comply with 
 the Agreement regarding the Headquarters of the United Nations, 
 signed at Lake Success June 26, 1947, and entered into force 
 November 21, 1947, between the United Nations and the United 
 States, or other applicable international obligations.
            (c) Implementation.--The President shall exercise all authorities 
under sections 203 and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except 
that the President--

    (1) shall not issue any general license authorizing, or 
 otherwise authorize, any activity subject to sanctions under 
 subsection

    (a) ; and

    (2) shall require any United States person seeking to 
 engage in a financial transaction or transfer of funds subject 
 to sanctions under subsection

    (a) to submit a written request 
 to the Office of Foreign Assets Control of the Department of 
 the Treasury.
            (d) Humanitarian Exception.--The President may not impose sanctions 
under this section with respect to any person for--

    (1) donating food or agricultural commodities to--
        (A) an independent, nongovernmental organization 
 not controlled by the Government of Cuba; or
        (B) individuals in Cuba who are not high-level 
 members of the Communist Party of Cuba or the immediate 
 family member of any such individual; or

    (2) exporting medicines or medical supplies, instruments, 
 or equipment that would be permitted under 

section 1705
            (c) of 
 the Cuban Democracy Act of 1992 (22 U.S.C. 6004
            (c) ).

    (e) Waiver.--The President may waive the application of sanctions 
under this section with respect to a person if the President determines 
that such a waiver is in the national security interests of the United 
States.

    (f) No Prior Notice.--The President, the Secretary of the Treasury, 
the Secretary of State, and the Attorney General, and any other 
official of the United States Government are not required to provide 
any prior notice of a determination made under subsection

    (a) or of any 
other determination to impose sanctions under this section.

    (g) 

=== Definitions. ===
-In this section:

    (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
 have the meanings given those terms in 

section 101 of the 
 Immigration and Nationality Act (8 U.S.C. 1101).

    (2) Entity.--The term ``entity'' means a partnership, 
 association, trust, joint venture, corporation, group, 
 subgroup, or other organization.

    (3) Foreign person.--The term ``foreign person'' means a 
 person that is not a United States person.

    (4) Person.--The term ``person'' means an individual or 
 entity.

    (5) United states person.--The term ``United States 
 person'' means--
        (A) a United States citizen or an alien lawfully 
 admitted to the United States for permanent residence;
        (B) an entity organized under the laws of the 
 United States or any jurisdiction within the United 
 States (including any foreign branch of such an 
 entity); and
            (C) any person in the United States.

SEC. 6. TERMINATION OF SANCTIONS.

    (a) In General.--The authority to impose sanctions under sections 4 
and 5 shall terminate if--

    (1) the President submits to Congress a determination and 
 certification that the Government of Cuba--
        (A) has legalized all political activity;
        (B) has released all political prisoners and 
 allowed for investigations of Cuban prisons by 
 appropriate international human rights organizations;
            (C) has dissolved the Department of State Security 
 in the Cuban Ministry of the Interior in place as of 
 the date of the enactment of this Act, including the 
 Committees for the Defense of the Revolution and the 
 Rapid Response Brigades;
            (D) has made public commitments to organizing free 
 and fair elections for a new government--
            (i) to be held in a timely manner within a 
 period not to exceed 18 months after such 
 certification;
            (ii) 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 of time for such access and the 
 times of day such allotments are given; and
            (iii) to be conducted under the supervision 
 of internationally recognized observers, such 
 as the Organization of American States, the 
 United Nations, and other election monitors;
        (E) has ceased any interference with Radio Marti or 
 Television Marti broadcasts;
        (F) has made public commitments to and is making 
 demonstrable progress in--
            (i) establishing an independent judiciary;
            (ii) 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; and
            (iii) 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;
        (G) does not include Raul Castro or his immediate 
 family;
        (H) has given adequate assurances that it will 
 allow the speedy and efficient distribution of 
 assistance to the people of Cuba;
            (I) is demonstrably in transition from a communist 
 totalitarian dictatorship to a representative 
 democracy;
        (J) has made public commitments to and is making 
 demonstrable progress in--
            (i) 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;
            (ii) permitting the reinstatement of 
 citizenship to Cuban-born persons returning to 
 Cuba;
            (iii) assuring the right to private 
 property; and
            (iv) taking appropriate steps to return to 
 United States citizens, and entities that are 
 50 percent or more beneficially owned by United 
 States citizens, property taken by the 
 Government of Cuba from such citizens and 
 entities on or after January 1, 1959, or to 
 provide equitable compensation to such citizens 
 and entities for such property;
        (K) has extradited or otherwise rendered to the 
 United States all persons sought by the Department of 
 Justice of the United States for crimes committed in 
 the United States; and
            (L) has permitted the deployment throughout Cuba of 
 independent and unfettered international human rights 
 monitors; and

    (2) a joint resolution approving the determination and 
 certification of the President submitted under paragraph

    (1) is 
 enacted into law in accordance with the procedures described in 
 subsection

    (b) .

    (b) Congressional Procedures.--

    (1) Referral to committees.--Joint resolutions described in 
 subsection

    (a)

    (2) that are introduced in the House of 
 Representatives shall be referred to the Committee on Foreign 
 Affairs and joint resolutions described in subsection

    (a)

    (2) that are introduced in the Senate shall be referred to the 
 Committee on Foreign Relations.

    (2) Procedures.--
        (A) Senate.--Any joint resolution described in 
 subsection

    (a)

    (2) 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 (Public Law 94-329; 90 Stat. 765).
        (B) House of representatives.--For the purpose of 
 expediting the consideration and enactment of a joint 
 resolution described in subsection

    (a)

    (2) , a motion to 
 proceed to the consideration of any such joint 
 resolution after it has been reported by the 
 appropriate committee shall be treated as highly 
 privileged in the House of Representatives.
            (C) Limitation.--Not more than one joint resolution 
 described in subsection

    (a)

    (2) may be considered in the 
 House of Representatives and the Senate during the 6-
 month period beginning on the date on which the 
 President submits to Congress a determination and 
 certification under subsection

    (a)

    (1) .

SEC. 7. PROVISION OF UNRESTRICTED INTERNET SERVICE FOR THE PEOPLE OF 
 CUBA.

    (a) In General.--Effective immediately upon the date of the 
enactment of this Act, the President shall use all means possible to 
provide unrestricted, reliable internet service to the people of Cuba 
that is not censored, blocked, or otherwise restricted by the 
Government of Cuba and does not include any technology, services, or 
communications backed by the Communist Party of the People's Republic 
of China.

    (b) Notification.--The President shall notify the appropriate 
committees of Congress once an internet connection has been established 
to provide unrestricted, reliable internet service under subsection

    (a) .
            (c) Interagency Task Force.--

    (1) Establishment.--Not later than 90 days after the date 
 of the enactment of this Act, the President shall establish an 
 interagency task force to develop a long-term solution for 
 providing reliable internet service to the people of Cuba that 
 is not censored or blocked by the Government of Cuba.

    (2) Report.--Not later than 180 days after the date of the 
 enactment of this Act, the interagency task force established 
 under paragraph

    (1) shall submit to the President and the 
 appropriate committees of Congress a report that outlines the 
 best long-term solutions of the interagency task force for 
 providing reliable internet service to the people of Cuba that 
 is not censored, blocked, or otherwise restricted by the 
 Government of Cuba.
            (d) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--

    (1) the Committee on Homeland Security and Governmental 
 Affairs, the Committee on Foreign Relations, and the Select 
 Committee on Intelligence of the Senate; and

    (2) the Committee on Homeland Security, the Committee on 
 Foreign Affairs, and the Permanent Select Committee on 
 Intelligence of the House of Representatives.
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