[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2080 Introduced in Senate (IS)]
105th CONGRESS
2d Session
S. 2080
To provide for the President to increase support to the democratic
opposition in Cuba, to authorize support under the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 for the provision and
transport of increased humanitarian assistance directly to the
oppressed people of Cuba to help them regain their freedom, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 1998
Mr. Helms (for himself, Mr. Lott, Mr. Mack, Mr. Graham, Mr.
Torricelli, Mr. Coverdell, Mr. D'Amato, Mr. Reid, Mr. Lieberman, Mr.
Hatch, Mr. Roth, Mr. Thurmond, Mr. Nickles, Mr. Grassley, Mrs.
Hutchison, Mr. Ashcroft, Mr. Faircloth, Mr. Inhofe, Mr. Smith of New
Hampshire, Mr. Hollings, Mr. DeWine, and Mr. Thompson) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To provide for the President to increase support to the democratic
opposition in Cuba, to authorize support under the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 for the provision and
transport of increased humanitarian assistance directly to the
oppressed people of Cuba to help them regain their freedom, 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 ``Cuban Solidarity (SOLIDARIDAD) Act
of 1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In spite of the historic visit of Pope John Paul II to
Cuba on January 21 to 25, 1998, the regime of Fidel Castro Ruz
continues an unrelenting, systematic repression of freedom of
expression, freedom of religion, and all other universally
recognized human rights, proving that continued pressure, not
unilateral concessions, is needed and justified to undermine
Castro's tyranny.
(2) The vast majority of the American people support the
principled policy of political and economic isolation of the
Castro regime.
(3) The United States has a moral obligation to increase
its support to the democratic opposition in Cuba, providing
such assistance with the same intensity and decisiveness with
which it supported the pro-democracy Solidarnosc movement in
Poland to defeat martial law and communism.
(4) The United States Government should redouble efforts to
overcome Fidel Castro's blockade on independent information in
Cuba and about Cuba, so that people on the island realize the
opportunities of fundamental change and people in other
countries recognize their obligation to support such change.
(5) The visit of Pope John Paul II to Cuba represents an
historic opportunity for the international community to support
the Cuban people in their quest for political and spiritual
liberation.
(6) The regime of Fidel Castro Ruz denies the Cuban people
basic necessities of life as a means of political control,
compounding the hardship caused by the mismanagement that is
typical of all other failed Marxist, centrally planned
economies throughout history.
(7) Augmenting humanitarian assistance to the Cuban people
will undermine the policies of Fidel Castro Ruz by promoting
their independence and strengthening relief groups that operate
independently of the regime, provided that such increased
assistance is delivered directly to victims of political
repression by genuinely independent nongovernmental groups.
(8) The regime of Fidel Castro Ruz requires the Cuban
people to pay United States dollars for basic necessities,
including food and medicine, as a means of diverting hard
currency into the coffers of the repressive state, imposing
extraordinary hardship on workers whom the state pays an
average hourly wage of 5 cents.
(9) The regime of Fidel Castro Ruz refuses to import
adequate medicine and medical equipment for the Cuban people,
despite the fact that Cuba can purchase such material from many
countries, including the United States, which lifted the
embargo on medicines and medical equipment in the Cuban
Democracy Act of 1992.
(10) The people of the United States already provide more
humanitarian assistance to Cuba under present United States law
than all other nations of the world combined, exceeding
$2,300,000,000 since 1992.
(11) Increasing humanitarian assistance directly to the
Cuban people is consistent with the aims of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban
Democracy Act of 1992.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to confront the unrelenting, systematic repression of
the Castro regime by requiring the President to provide
increased, decisive support to the democratic opposition in
Cuba and to take specific measures to bring about fundamental political
and economic change in Cuba;
(2) to take advantage of the historic opportunity created
by the visit to Cuba of Pope John Paul II to assist the Cuban
people to secure the blessings of liberty;
(3) to ensure that expanded humanitarian assistance is
delivered directly to needy, oppressed persons in Cuba,
including political prisoners and their families, in order to
undermine the deliberate policy of the Cuban government to deny
food and medical care as a means of intimidation and control;
(4) to strengthen increasingly independent nongovernmental
organizations in Cuba, including groups committed to the
political and spiritual liberation of the Cuban people; and
(5) to encourage increased donations of free food,
medicine, and medical equipment by individuals, nongovernmental
organizations, and private companies in the United States to
the oppressed people of Cuba who are unable to buy these
necessities because of the failed economic policies of the
Castro regime.
SEC. 4. DEFINITIONS.
For the purposes of section 109 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039) and this Act:
(1) Cuban government.--The term ``Cuban government'' has
the meaning given the term in section 4(5) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023(5)).
(2) Humanitarian assistance.--The term ``humanitarian
assistance'' means food, medicines, medical supplies, and
medical equipment donated by individuals or private companies
in the United States to independent nongovernmental
organizations or provided by the United States Government
through independent nongovernmental organizations.
(3) Independent nongovernmental organization.--The term
``independent nongovernmental organization'' means an
internationally recognized nongovernmental organization that is
not an agency or instrumentality of the Cuban government and
that has been designated by the President as an independent
nongovernmental organization for purposes of this Act. The
designation of independent nongovernmental organizations for
purposes of this Act shall be made in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).
(4) Victims of political repression.--The term ``victims of
political repression'' means any Cuban nationals in Cuba,
including political prisoners and their families, who are not
officials of the Cuban government or of the ruling political
party in Cuba, as defined in section 4(10) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023(10)).
SEC. 5. EMERGENCY MEASURES TO SUPPORT DEMOCRACY; REPORTS.
(a) Emergency Measures To Support the Democratic Transition in
Cuba.--Not later than 6 months after the date of enactment of this Act,
the President--
(1) shall instruct the heads of all relevant agencies of
the United States Government to increase support for democratic
opposition groups in Cuba;
(2) should instruct the United States Permanent
Representative to the United Nations to introduce a resolution
in the United Nations Security Council calling upon the Cuban
government to immediately respect all human rights, free all
political prisoners, legalize independent political parties,
allow independent trade unions, and conduct internationally
monitored and freely contested elections;
(3) shall initiate broadcasting of Radio Marti and
Television Marti from the United States Naval Base at
Guantanamo Bay, Cuba, or other suitable sites in proximity to
the island of Cuba;
(4) shall provide not less than $5,000,000 of funds
otherwise available for voluntary contributions of the United
States to the Organization of American States in fiscal year
1999, solely for the purposes of establishing a fund for the
deployment of human rights observers, election support, and
election observation in Cuba, as described in paragraph (1) of
section 109(b) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6039(b)(1));
(5) shall direct the Secretary of the Treasury to increase
the number of personnel of the Office of Foreign Assets Control
of the Department of the Treasury having responsibilities with
respect to the economic embargo on Cuba in order to more
vigorously enforce the embargo and to expeditiously license
lawful transactions involving Cuba;
(6) shall take steps to secure a commitment from the Cuban
government to allow the direct delivery of mail from the United
States to Cuba, as called for in section 1705(g) of the Cuban
Democracy Act of 1992; and
(7) should instruct the Attorney General to seek an
indictment of Fidel Castro and/or other officials of the Cuban
government under section 32 of title 18, United States Code,
for the willful, premeditated attack on 2 unarmed ``Brothers to
the Rescue'' humanitarian aircraft on February 24, 1996, which
resulted in the destruction of those 2 civil aircraft in flight
within the special aircraft jurisdiction of the United States
and the violence against and incapacitation and murder of four
individuals on such aircraft, Pablo Morales, Carlos Costa,
Mario de la Pena, and Armando Alejandre.
(b) Reports.--
(1) Report on implementation by the president.--Seven
months after the date of enactment of this Act, the President
shall prepare and transmit to Congress a detailed written
report on steps taken to implement each of the measures set
forth in subsection (a).
(2) Periodic reports on cuba.--Not later than 90 days after
the date of enactment of this Act, and every 6 months
thereafter, until a democratic government is in power in Cuba,
the Secretary of State shall prepare and transmit to Congress,
and disseminate through all United States diplomatic and
consular missions, unclassified written reports (with
classified annexes as required) on the following subjects:
(A) Exploitative labor conditions that exist in
Cuba (including the denial of rights of independent
trade unions as set forth in conventions 87 and 98 of
the International Labor Organization), accompanied by a
list of foreign companies taking advantage of such
exploitative labor conditions and a description of the
efforts of the international free trade union movement
to press the Cuban government and foreign companies
doing business in Cuba to respect the rights of Cuban
workers.
(B) The policy of the Cuban government to coerce
certain categories of poor, less educated, and rural
women to submit to induced abortions.
(C) The role of the Cuban government or any of its
agents in international narcotics trafficking or money
laundering.
(D) The impact on and threat to the national
security or national interests of the United States
posed by--
(i) the completion by the Russian
Federation or other countries of the
technically flawed nuclear reactors at Juragua;
(ii) efforts of the Cuban government to
produce biological weapons; and
(iii) any Russian intelligence facilities
in Cuba, including the intelligence facility at
Lourdes, Cuba.
(E) Measures of the Cuban government to persecute,
discourage, or restrict the spiritual and charitable
activities of churches and other religious
organizations in Cuba.
(F) The plight of political prisoners and prisoners
of conscience in Cuba, including--
(i) a list of all persons who are
imprisoned or detained in Cuba and the crimes,
if any, with which they have been charged;
(ii) a description of prison conditions and
treatment of prisoners by Cuban authorities;
and
(iii) a list, to the extent practicable, of
all persons who have been imprisoned or
executed for political reasons by authorities
of the Cuban government at any time on or after
January 1, 1959.
(G) Actions taken by the Cuban government to
repress freedom of the press, including persecution or
exclusion of journalists, reprisals against journalists
or their sources, interruption of mass communication or
distribution of journalistic materials, or similar
measures.
(H) Actions by other governments and international
organizations, including but not limited to Canada and
member states of the European Union, taken during the
preceding 6-month period, to encourage a process of
transition to pluralist democracy and respect for human
rights and fundamental economic and political freedoms
in Cuba, accompanied by a list of commercial ventures
and bilateral agreements signed with the Cuban
government during such period.
(I) Efforts by the Cuban government to influence
United States policy toward Cuba through espionage,
other surreptitious means, or lobbying.
(J) The issuance of visas to enter the United
States to Cuban officials or persons affiliated with
the Cuban government during the preceding 6-month
period, accompanied by a justification for issuing each
such visa taking into account section 102(e) of the
Cuban Liberty and Democratic Solidarity Act of 1996 (22
U.S.C. 6032(e)).
(K) The bilateral sugar-for-oil agreement between
Russia and Cuba, including an analysis of the terms of
such agreement and a determination of whether such
terms provide any economic subsidy to the Cuban
government.
(L) The extent to which the Italian
telecommunications company STET International, which is
engaged in a joint venture with the Cuban Telephone
System, allows or refuses to allow electronic
eavesdropping and interruption of telephone service for
political reasons conducted by the Cuban government
against persons in Cuba.
(M) Cuban relations with states that have
repeatedly provided support for acts of international
terrorism, as designated under section 6(j)(1)(A) of
the Export Administration Act of 1979.
(N) Action taken by the Department of Justice and
the Cuban government to extradite or otherwise
surrender to the United States Joanne Chesimard (also
known as ``Assata Shakur''), convicted in the United
States for the 1973 murder of New Jersey State Trooper
Werner Foerster and wounding of New Jersey State
Trooper James Hooper.
(3) Periodic reports on implementation by the secretary of
state.--Not later than 120 days after the date of enactment of
this Act, and every 6 months thereafter, the President shall
prepare and transmit to Congress a report on steps taken by the
Secretary of State to disseminate the unclassified reports
prepared pursuant to paragraph (2) through all United States
diplomatic and consular missions.
SEC. 6. AVAILABILITY OF FUNDS FOR HUMANITARIAN ASSISTANCE TO VICTIMS OF
POLITICAL REPRESSION IN CUBA.
(a) Availability of Funds.--
(1) In general.--Of the amounts available under chapter 1
of part I of the Foreign Assistance Act of 1961 (relating to
development assistance) and chapter 4 of part II of that Act
(relating to the economic support fund) in any fiscal year, not
to exceed $25,000,000 may be available each fiscal year to
carry out activities under section 109(a) of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6039 (a)), and to provide humanitarian assistance to victims of
political repression in Cuba.
(2) Congressional notification procedures.--Funds made
available under paragraph (1) shall be subject to notification
of the appropriate congressional committees in accordance with
the procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).
(b) Ineligibility for Assistance.--Assistance may not be provided
under this section to the Cuban government, to any organization
affiliated with the Cuban government, or to any organization that has
violated any law or regulation of the United States prohibiting or
restricting trade or other financial transactions with Cuba.
SEC. 7. AIR TRANSPORT FLIGHTS TO CUBA FOR THE DELIVERY OF HUMANITARIAN
ASSISTANCE.
(a) Air Transport of Humanitarian Assistance.--
(1) In general.--Effective on the date of enactment of this
Act, the President may authorize air transportation flights
directly from the United States to Cuba for a period of 6
months only if he determines and certifies to Congress that--
(A) those flights are necessary for, and will be
used solely for, the delivery of humanitarian
assistance by independent nongovernmental organizations
to victims of political repression in Cuba; and
(B) adequate monitoring is in place to ensure that
such assistance will be delivered by an independent
nongovernmental organization only to the intended
recipients and will not be diverted to ineligible
persons.
(2) Restrictions.--The President may authorize air
transportation flights directly from the United States to Cuba
for additional periods of 6 months after the initial
determination and certification of the President under
paragraph (1), only if he determines and certifies to Congress
that air transport flights to Cuba during the next period of 6
months are likely to satisfy the requirements of subparagraphs
(A) and (B) of paragraph (1).
(b) Congressional Notification Procedures.--Each determination and
certification of the President under this paragraph shall be subject to
the procedures applicable to reprogramming notifications under section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(c) Delivery of Medicines and Medical Supplies Sold to Cuba.--The
President is authorized to permit the delivery, by air transportation
flights otherwise licensed under subsection (a), of medicines and
medical supplies sold to Cuba in accordance with section 1705(c) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6004(c)).
SEC. 8. STATUTORY CONSTRUCTION.
Nothing in this Act or in section 109 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039) may be
construed as authorizing the commercial sale or export of food to Cuba
or any other commercial transaction with Cuba that is not otherwise
authorized under law.
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