[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2027 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2027
To provide for the reinstatement of democracy in Haiti, the restoration
to office of the duly elected President of Haiti, Jean-Bertrand
Aristide, the end of human rights abuses against the Haitian people,
support for the implementation of the Governors Island Agreement, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19 (legislative day, April 11), 1994
Mr. Dodd (for himself, Mr. Harkin, Ms. Moseley-Braun, Mr. Feingold,
Mr. Wellstone, and Mr. Kerry) introduced the following bill;
which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To provide for the reinstatement of democracy in Haiti, the restoration
to office of the duly elected President of Haiti, Jean-Bertrand
Aristide, the end of human rights abuses against the Haitian people,
support for the implementation of the Governors Island Agreement, 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 ``Haitian Restoration of Democracy Act
of 1994''.
SEC. 2. STATEMENT OF UNITED STATES POLICY.
It is the policy of the United States to support the restoration of
democracy in Haiti and the return to office of Jean-Bertrand Aristide,
the duly elected President of Haiti.
SEC. 3. CONGRESSIONAL STATEMENT.
(a) Human Rights Observers.--The Congress strongly urges the
President to take such steps as are necessary to facilitate the return
to Haiti of a full contingent of human rights observers under the
auspices of the United Nations or the Organization of American States.
(b) Multinational Border Patrol.--Subject to the request of the
democratically elected President of Haiti Jean-Bertrand Aristide, the
Congress strongly urges President Clinton to take all available
measures to effect the deployment of a multinational border patrol
between the Dominican Republic and Haiti which will be fully equipped
in terms of personnel and equipment to halt cross-border violations of
sanctions against Haiti imposed by the United States and other
countries.
(c) Multilateral Socioeconomic and Peacekeeping Assistance.--The
Congress reaffirms the unwavering commitment of the United States to
support multilateral socioeconomic and peacekeeping assistance to Haiti
upon the return to power of the democratically elected President of
Haiti and the removal of Haiti's military high command.
SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, no officer or employee of the United States
shall attempt, directly or indirectly, to amend, reinterpret, or
nullify the Governors Island Agreement.
(b) Exception.--Subsection (a) shall not apply to the October 30,
1993, deadline for the return to power of the democratically elected
President of Haiti, Jean-Bertrand Aristide.
SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT.
The President shall notify the Government of Haiti immediately of
the intention of the United States Government to terminate the
agreement between the United States and Haiti relating to migrant
interdiction effected by the exchange of notes signed at Port-au-Prince
on September 23, 1981 (33 U.S.T. 3559; T.I.A.S. 6577).
SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT
WITH RESPECT TO HAITI.
(a) Obligations Outside the United States.--No officer or employee
of the United States may return, cause to be returned, or affect the
movement in any manner which results in returning, to Haiti a national
or habitual resident of Haiti, who is outside the territorial
boundaries of Haiti, without the individual's consent, unless the
President first determines, in a manner that incorporates procedural
safeguards consistent with internationally endorsed standards and
guidelines, that such individual is not a refugee.
(b) Obligations Within the Territorial Waters of Haiti.--No officer
or employee of the United States may return, cause to be returned, or
affect the movement in any manner which results in returning, to the
land territory of Haiti a national or habitual resident of Haiti, who
is within the territorial waters of Haiti, without the individual's
consent, unless the President first determines, in a manner that
incorporates procedural safeguards consistent with internationally
endorsed standards and guidelines, that if that individual were outside
the territorial boundaries of Haiti such individual would not be a
refugee.
(c) Exceptions.--The provisions of this section do not apply to a
national or habitual resident of Haiti if--
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion; or
(2) such individual, having been convicted by a final
judgment of an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), constitutes
a danger to the community of the United States.
(d) Prohibition on Use of Funds.--No funds available to any
department, agency, or other entity of the United States Government may
be used in violation of subsection (a) or (b).
(e) Refugee Defined.--For purposes of this section, the term
``refugee'' means a person who--
(1) is a refugee under Article 1 of the Convention Relating
to the Status of Refugees (done at Geneva, July 28, 1951), as
applied under Article I of the United National Protocol
Relating to the Status of Refugees (done at New York, January
31, 1967); or
(2) is designated as a refugee for purposes of Article 33
of the Convention Relating to the Status of Refugees.
(f) Rule of Construction.--Nothing in this section may be
construed--
(1) to impose new obligations on the Government of the
United States in its treatment of nationals and habitual
residents of Haiti at United States diplomatic missions and
consular posts in a foreign country; or
(2) to constitute authority for conducting operations by
the United States Government within the territorial waters of
Haiti or any other country.
SEC. 7. SANCTIONS AGAINST HAITI.
(a) Prohibiting Assistance and Certain Other Transactions Involving
Haiti.--(1) The following are prohibited:
(A) The grant or extension of credits or loans by any
United States person to the unelected military rulers of Haiti,
its instrumentalities, and controlled entities.
(B) The importation into the United States of any goods or
services of Haitian origin other than publications and material
imported for news publications or news broadcast dissemination.
(C) The exportation to Haiti of any goods, technology
(including technical data or other information), or services
from the United States, except publications, food, medicine,
medical supplies, and donations of articles intended to relieve
human suffering such as clothing and temporary housing.
(D) The purchase by any United States person of any goods
for export from Haiti to any country.
(E) The performance by any United States person of any
contract in support of an industrial or other commercial or
governmental project in Haiti.
(2) Compliance with the export sanctions of this subsection shall
be carried out in accordance with section 12 of the Export
Administration Act of 1979 and a violation of any such section shall be
considered to be a violation of such Act for purposes of section 11 of
such Act (relating to the imposition of criminal and civil penalties).
(b) Prohibition of Certain Air Transport Involving Haiti.--The
following are prohibited:
(1) Any transaction by a United States person relating to
air transportation to or from Haiti.
(2) The provision of transportation to or from the United
States by aircraft of Haitian registration.
(3) The sale in the United States by any person holding
authority under the Federal Aviation Act of 1958 of any
transportation by air which includes any stop in Haiti.
(c) Sanctions Against Other Countries.--(1) If the President
determines that a foreign country is not cooperating with United States
sanctions against Haiti under this Act or with applicable sanctions
against Haiti imposed by the United Nations and the Organization of
American States, effective 60 days after such determination no United
States assistance may be provided to such foreign country.
(2) If the President makes a determination under paragraph (1)--
(A) the President shall impose at least one other penalty
or sanction which the President considers to be appropriate
under the International Emergency Economic Powers Act; and
(B) the President may impose such other sanctions and
penalties under the International Emergency Economic Powers Act
as the President considers appropriate.
(3) For the purpose of this subsection, the term ``United States
assistance'' means assistance of any kind which is provided by grant,
sale, loan, lease, credit, guaranty, or insurance, or by any other
means, by any agency or instrumentality of the United States
Government, including--
(A) assistance under the Foreign Assistance Act of 1961;
and
(B) sales, credits, and guaranties under the Arms Export
Control Act.
(d) Sanctions by Other Countries.--The President shall direct the
United States Permanent Representative to the United Nations to assume
a leadership role within the United Nations Security Council to ensure
that sanctions against Haiti unilaterally imposed by the United States
under this Act are adopted by the international community.
(e) Termination of Sanctions.--The provisions of this section shall
terminate on the date the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
(f) Definition.--For purposes of this section, the term ``United
States person'' means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as determined under regulations of the
President.
SEC. 8. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) In General.--Haiti shall be deemed to be a designated foreign
state for purposes of section 244A(b) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)), subject to the provisions of this
section.
(b) Eligible Haitians.--Any alien--
(1) who is a national of Haiti and is present in the United
States or in the custody or control of the United States
(including Guantanamo Bay, Cuba, and any other vessel or
facility of the United States Government) at any time during
the period described in subsection (c) of this section;
(2) who is not an alien designated under section 9(b) or
10(b) of this Act;
(3) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and Nationality Act; and
(4) who, during the period described in subsection (c) of
this section, registers for temporary protected status to the
extent and in a manner which the Attorney General establishes,
shall be granted temporary protected status for the duration of that
period in accordance with section 244A(a)(1) of the Immigration and
Nationality Act to the extent that such section is not inconsistent
with this section.
(c) Period of Designation.--The designation pursuant to subsection
(a) shall be in effect during the period beginning on the date of
enactment of this Act and ending on the date on which the President
certifies to the Congress that the democratically elected President of
Haiti has been reinstated and Haiti's military high command has met its
obligations under the Governors Island Agreement. Subsections (b)(2)
and (b)(3) of section 244A of the Immigration and Nationality Act shall
not apply with respect to the designation pursuant to subsection (a) of
this section.
SEC. 9. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION.
(a) Exclusion.--During the period specified in subsection (c), an
alien designated under subsection (b) shall be ineligible to receive
any visa and shall be excluded from admission into the United States.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Exclusion.--The period of exclusion specified in this
subsection begins on the date of the enactment of this Act and ends on
the date on which the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
SEC. 10. BLOCKING OF ASSETS OF CERTAIN HAITIANS.
(a) Blocking of Assets.--During the period specified in subsection
(c), all property and interests in property of aliens designated under
subsection (b) that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons (including overseas
branches of United States persons), are blocked.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Blocked Assets.--The period of blocked assets
specified in subsection (a) begins on the date of the enactment of this
Act and ends on the date on which the President certifies to the
Congress that the democratically elected President of Haiti has been
reinstated and Haiti's military high command has met its obligations
under the Governors Island Agreement.
SEC. 11. DEFINITION.
For purposes of this Act, the term ``Governors Island Agreement''
refers to the Agreement of Governors Island between the President of
the Republic of Haiti and the Commander-in-Chief of the Armed Forces of
Haiti, signed July 3, 1993.
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