[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.
                                 <all>