Legislation Introduced To Amend Cuba Libertad Act To Expand Who Can Sue. What Appellate Court Judge Said "despite a very clear intent, [Congress] drafts poorly. That is what I think happened here."

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Harold Rogers (R- 5th District Kentucky) is Chairman of the Commerce, Justice, Science, And Related Agencies Subcommittee of the United States House of Representatives Committee on Appropriations

  • “Serving Kentucky’s 5th Congressional District since 1981, Hal Rogers has been elected to 23 consecutive terms representing the people of southern and eastern Kentucky. On September 2, 2021, he made history as the longest-serving Member of Congress from Kentucky. On March 18, 2022, he became Dean of the U.S. House of Representatives, as the longest-serving Member in the House.” 

2nd Session of the 119th United States Congress

H. R. 8845 [Report No. 119–652]
https://www.congress.gov/bill/119th-congress/house-bill/8845/text

Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2027, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
May 15, 2026 

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2027, and for other purposes.  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2027, and for other purposes, namely:

Sec. 570. (a) None of the funds made available by this Act may be used to facilitate, permit, license, or promote exports to the Cuban military or intelligence service or to any officer of the Cuban military or intelligence service, or an immediate family member thereof or any agency or entity owned or partially owned or operated on behalf of the previously listed.  (b) This section does not apply to exports of goods permitted under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).  (c) In this section— (1) the term “Cuban military or intelligence service” includes the Ministry of the Revolutionary Armed Forces, and the Ministry of the Interior, of Cuba, and any subsidiary of either such Ministry; and (2) the term “immediate family member” means a spouse, sibling, son, daughter, parent, grandparent, grandchild, aunt, uncle, niece, or nephew.

Sec. 582. 

(a) Section 302(a)(4)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6082(a)(4)(B)) is amended by striking ‘‘acquires ownership’’ and all that follows and inserting the following: ‘‘acquires ownership of such claim— “(i) before March 12, 1996; or “(ii) as a successor in interest who did not acquire the property, or claim to the property, in exchange for value or consideration.”.  

(b) Section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023) is amended— (1) by redesignating paragraphs (13), (14), and (15) as paragraphs (14), (15), and (16), respectively; and (2) by inserting after paragraph (12) the following:

“(13) SUCCESSOR IN INTEREST.—The term ‘successor in interest’ means any person who: “(1) inherits or has inherited, in whole or in part, a claim or an interest in a claim to confiscated property; or “(2) follows another person in ownership or control of property or a claim to property and who retains the same rights as the original owner to the property.”.

(c) Section 306(c)(1)(A) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6085(c)(1)(A)) is amended by striking “no person” and inserting “except as provided by section 302(a)(4)(B), no person”.

(d) The amendments made by subsections (a), (b), and (c) shall apply to—(1) any action initiated after the date of the enactment of this Act; (2) any action pending in any court as of such date of enactment, including any action pending on appeal or otherwise; (3) any action for which the time to file an appeal has not expired; or (4) any action that has been dismissed or adversely adjudicated by any court because of a judicial interpretation of section 302(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6082(a)) that conflicts with the amendment to paragraph (4)(B) of such section as made by subsection (a).

(e) In the case of any action under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6082), in which an opinion was issued prior to the effective date of this section, such action may be refiled and decided as though this section were in effect as of the date of the enactment of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.

(f) Section 305 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 USC §6084) is repealed.

Link: 11th Circuit Upholds Dismissal Of One Libertad Act Cuba Lawsuit Against Cruise Lines. Significantly, One Justice Sends Message To U.S. Congress And Opens Door For Revising Law To Help Plaintiffs November 23, 2022