S. 488 — DEMOCRACIA Act

This section states congressional findings concerning Cuba's one-party communist regime established in 1959; its repression of democracy activists (e.g., Ladies in White), including detention of more than 800 protesters following July 11, 2021, demonstrations in more than 40 cities; a government crackdown involving secret police, internet blackouts, arrests, and torture; and significant human rights abuses reported by the State Department (e.g., extrajudicial killings, forced disappearances, political prisoners, lack of judicial independence, restrictions on freedoms of press, assembly, religion, and movement).

This section establishes 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 restrict and reduce the financial resources of the Cuban military, security, and intelligence sectors.

This section requires the President to impose sanctions on foreign persons who knowingly, on or after enactment, provide financial, material, or technological support to, or engage in transactions with, covered sectors of the Cuban government (i.e., defense, security, or intelligence sectors, or any other sector certified by the President beginning 15 days later as involved in human rights abuses or support for international terrorism), their affiliates (including those with >25% ownership), senior officials (including immediate adult family members), controlled entities, or sanctions evaders. Sanctions include (1) blocking all property and interests in property subject to U.S. jurisdiction under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and Trading with the Enemy Act (50 U.S.C. 4301 et seq.), and (2) visa ineligibility, inadmissibility, and parole restrictions under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), with revocation of current visas. Exceptions include sales of agricultural commodities, medicines, and medical devices under the Trade Sanctions Reform and Export Enhancement Act of 2000; certain remittances; Guantanamo Bay lease payments; democracy-building assistance authorized under 22 U.S.C. 6039(a); U.S. embassy operations in Havana; and qualifying internet or cellular services. (Thus, the provision targets foreign enablers of Cuban military, security, and intelligence activities while preserving humanitarian, diplomatic, and pro-democracy exceptions.)

This section requires the President to impose sanctions on (1) foreign persons determined by the Secretary of the Treasury—in consultation with the Secretary of State and Attorney General—to be responsible for or complicit in serious human rights abuses or corruption in Cuba (including government officials, entity leaders, supporters, military/intelligence/security personnel, and due process violators), (2) specified members of the Communist Party of Cuba (i.e., Politburo, Central Committee, provincial secretaries, Office of Religious Affairs), (3) members of the Council of State or Council of Ministers, (4) members of the Committees for the Defense of the Revolution, (5) the Revolutionary Armed Forces of Cuba, (6) the Ministry of the Interior (including National Revolutionary Police), (7) the Office of the President of Cuba, and (8) spouses and children of sanctioned individuals. Sanctions include (1) blocking all property and interests in property within U.S. jurisdiction under the International Emergency Economic Powers Act (IEEPA) and (2) visa ineligibility, inadmissibility, and revocation of existing visas under the Immigration and Nationality Act. (Thus, the provision authorizes IEEPA penalties for violations and exempts visa sanctions if needed to comply with U.S. international obligations.)

This section terminates the authority to impose sanctions under sections 4 and 5 if the President certifies to Congress that the Government of Cuba has met 12 specified conditions—including (A) legalizing all political activity, (B) releasing all political prisoners and permitting international prison inspections, (C) dissolving its Department of State Security (including Committees for the Defense of the Revolution and Rapid Response Brigades), (D) committing to free and fair elections within 18 months with multiparty media access and international observers, (E) ceasing interference with Radio Marti or Television Marti, (F) progressing toward an independent judiciary, human rights, and independent trade unions, (G) excluding Raul Castro and his immediate family, (H) assuring efficient assistance distribution, (I) transitioning to representative democracy, (J) guaranteeing free speech, press, citizenship reinstatement, private property, and compensation or return of expropriated U.S.-linked property since January 1, 1959, (K) extraditing U.S. fugitives, and (L) permitting unfettered international human rights monitors—and Congress enacts an approving joint resolution. The section establishes expedited congressional procedures for such joint resolutions, including committee referrals (House Foreign Affairs; Senate Foreign Relations), privileged Senate consideration under specified law, highly privileged House motions to proceed, and a limit of one resolution per six months following presidential certification.

This section directs the President, effective immediately upon enactment, to provide the people of Cuba with unrestricted, reliable internet service that is not censored, blocked, or otherwise restricted by the Cuban government and excludes any technology, services, or communications backed by the Communist Party of the People's Republic of China. The section further requires (1) notification to the appropriate congressional committees upon establishing the connection; (2) establishment, not later than 90 days after enactment, of an interagency task force to develop long-term solutions for such internet service; and (3) submission by the task force, not later than 180 days after enactment, of a report outlining those solutions to the President and the committees.