[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 894 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 894

 To authorize increased support to the democratic opposition and other 
oppressed people of Cuba to help them regain their freedom and prepare 
      themselves for a democratic future, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 16 (legislative day, May 15), 2001

 Mr. Helms (for himself, Mr. Lieberman, Mr. Santorum, Mr. Graham, Mr. 
 Torricelli, Mr. Ensign, Mr. Allen, Mr. Craig, Mr. Nelson of Florida, 
 Mr. Shelby, Mr. Smith of New Hamphsire, Mr. Smith of Oregon, and Mr. 
Reid) introduced the following bill; which was read twice and referred 
                 to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To authorize increased support to the democratic opposition and other 
oppressed people of Cuba to help them regain their freedom and prepare 
      themselves for a democratic future, 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 Act of 2001'' or 
the ``SOLIDARIDAD Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The American people support a principled policy of 
        taking proactive measures to promote liberty and economic 
        opportunity for the Cuban people and to help them prepare 
        themselves for a better and more prosperous future after the 
        regime of Fidel Castro Ruz.
            (2) The United States has a moral obligation to increase 
        its assistance to the democratic opposition in Cuba, providing 
        such assistance with the same intensity, creativity, and 
        decisiveness with which it supported the pro-democracy 
        Solidarnosc movement in Poland to defeat martial law and 
        communism.
            (3) The economic and political transitions in Eastern 
        European countries can serve as models for Cubans seeking to 
        recover their country after the lost decades of the communist 
        dictatorship of Fidel Castro Ruz.
            (4) The United States Government should redouble efforts to 
        overcome Fidel Castro's blockade on independent information in 
        and about Cuba, so that people in Cuba realize the 
        opportunities for fundamental change and that people in other 
        countries recognize their obligation to support such change.
            (5) 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.
            (6) Increasing assistance to the Cuban people will 
        undermine the control of Fidel Castro Ruz by promoting their 
        independence and strengthening relief groups that operate 
        independently of the Castro regime, if such increased 
        assistance is delivered directly to victims of political 
        repression by genuinely independent nongovernmental groups.
            (7) Encouraging the growth in the number of independent, 
        self-employed Cubans will broaden and empower that segment of 
        the population that is surviving or prospering independent of 
        the Castro regime.
            (8) The Castro regime 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 Castro regime 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 removed 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.
            (11) Increasing assistance directly to the Cuban people is 
        consistent with the aims of the LIBERTAD Act of 1996 and the 
        Cuban Democracy Act of 1992.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to challenge the unrelenting, systematic repression of 
        the Castro regime by authorizing the President to--
                    (A) provide increased, decisive support to the 
                democratic opposition in Cuba; and
                    (B) take specific measures to bring about 
                fundamental political and economic change in Cuba;
            (2) to ensure that expanded assistance is provided 
        oppressed persons in Cuba, including political  prisoners and 
their families and others, in order to undermine the deliberate 
policies of the Cuban government to--
                    (A) deny food and medical care as a means of 
                intimidation and control; and
                    (B) isolate Cubans from those who support their 
                freedom;
            (3) to strengthen independent nongovernmental organizations 
        in Cuba, including groups committed to the political and 
        spiritual liberation of the Cuban people;
            (4) to encourage increased donations of food, medicine, and 
        other support by individuals and nongovernmental organizations 
        in the United States to the oppressed people of Cuba, who are 
        unable to obtain these necessities because of the failed 
        economic policies of the Castro regime; and
            (5) to encourage the development of an independent and 
        self-sufficient economic sector comprised of independent, self-
        employed Cubans.

SEC. 4. DEFINITIONS.

    (a) Definitions in this Act.--In this Act:
            (1) Cuban government.--The term ``Cuban government'' has 
        the meaning given the term in section 4(5) of the LIBERTAD Act 
        of 1996 (22 U.S.C. 6023(5)).
            (2) Economic embargo of cuba.--The term ``economic embargo 
        of Cuba'' has the meaning given the term in section 4(7) of the 
        LIBERTAD Act of 1996 (22 U.S.C. 6023(7)).
            (3) Independent nongovernmental organization.--The term 
        ``independent nongovernmental organization'' means an 
        organization that is designated by the Secretary of State under 
        section 5.
            (4) Independent, self-employed cuban.--The term 
        ``independent, self-employed Cuban'' means a Cuban national in 
        Cuba who is self-employed, who is not an agent or 
        instrumentality of the Cuban government, and who is not in a 
        profit-sharing arrangement with the Cuban government.
            (5) LIBERTAD Act of 1996.--The term ``LIBERTAD Act of 
        1996'' means the Cuban Liberty and Democratic Solidarity 
        (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
            (6) 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 LIBERTAD Act 
        of 1996 (22 U.S.C. 6023(10)).
    (b) Definitions and Designations under the LIBERTAD Act of 1996.--
Section 109 of the LIBERTAD Act of 1996 (22 U.S.C. 6039) is amended by 
adding at the end the following new subsections:
    ``(d) Definitions.--In this section:
            ``(1) Independent nongovernmental organization.--The term 
        `independent nongovernmental organization' means an 
        organization that is designated by the Secretary of State under 
        subsection (e).
            ``(2) 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 LIBERTAD Act 
        of 1996 (22 U.S.C. 6023(10)).
    ``(e) Designation of Independent NGOs.--For purposes of this 
section, an organization shall be treated as an independent 
nongovernmental organization if, not less than 15 days before any 
obligation of funds under this section to the organization, the 
Secretary of State--
            ``(1) determines that the organization is a charitable or 
        non-profit nongovernmental organization that is not an agency 
        or instrumentality of the Cuban government; and
            ``(2) so designates the organization, and the designation 
        is 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).''.

SEC. 5. DESIGNATION OF INDEPENDENT NGOS.

    For purposes of this Act, an organization shall be treated as an 
independent nongovernmental organization if, not less than 15 days 
before any obligation of funds under this Act to the organization, the 
Secretary of State--
            (1) determines that the organization is a charitable or 
        non-profit nongovernmental organization that is not an agency 
        or instrumentality of the Cuban government; and
            (2) so designates the organization, and the designation is 
        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).

SEC. 6. AVAILABILITY OF FUNDS FOR ASSISTANCE TO VICTIMS OF POLITICAL 
              REPRESSION IN CUBA.

    (a) Availability of Funds.--
            (1) In general.--Except as provided in subsection (b), of 
        the total amounts made 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 beginning on or 
        after October 1, 2001, not less than $25,000,000 may be 
        available each such fiscal year to carry out activities under 
        section 109(a) of the LIBERTAD Act of 1996 (22 U.S.C. 6039(a)), 
        including assistance to victims of political repression in Cuba 
        through independent nongovernmental organizations.
            (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 or 
person affiliated with the Cuban government (including the state 
security apparatus and the Communist Party of Cuba), or to any 
organization or person that has violated any law or regulation of the 
United States prohibiting or restricting trade or other financial 
transactions with Cuba.
    (c) Eligibility for Assistance.--Assistance under this section may 
include, but is not limited to, assistance provided to--
            (1) political prisoners and members of their families;
            (2) persons persecuted or harassed for their dissident 
        activities;
            (3) persons persecuted or harassed for seeking to flee Cuba 
        and repatriated to Cuba under the May 2, 1995 ``United States-
        Cuba Joint Statement on Migration'';
            (4) independent libraries;
            (5) independent workers' rights activists;
            (6) independent agricultural cooperatives;
            (7) independent associations of independent, self-employed 
        Cubans;
            (8) independent journalists;
            (9) independent youth organizations;
            (10) independent environmental groups;
            (11) independent economists, medical doctors, and other 
        professionals;
            (12) an information and resource center in Havana, Cuba, as 
        described in subsection (e);
            (13) pro-democracy programs of the National Endowment for 
        Democracy that are related to Cuba;
            (14) nongovernmental programs to facilitate access to the 
        Internet, subject to section 102(g) of the LIBERTAD Act of 1996 
        (22 U.S.C. 6032(g));
            (15) nongovernmental charitable programs that provide 
        nutrition and basic medical care to persons most at risk, 
        including children and elderly persons; or
            (16) nongovernmental charitable programs to assist the 
        reintegration into civilian life of persons who have abandoned, 
        resigned from, or been expelled from the Cuban armed forces for 
        ideological reasons.
    (d) Information and Resource Center in Havana, Cuba.--The center 
referred to in subsection (c)(12) is an information and resource center 
to be established, maintained, and equipped within the United States 
Interests Section in Havana, Cuba, for use by representatives of 
independent nongovernmental organizations or other persons that are 
eligible for assistance under this section.
    (e) Assistance Defined.--In this section, the term ``assistance'' 
means food, medicines, medical supplies, medical equipment, office 
supplies and equipment, educational supplies and materials, telephones, 
telefax machines, or other material or financial assistance.

SEC. 7. SUPPORT FOR INDEPENDENT, SELF-EMPLOYED CUBANS AND FOR 
              INDEPENDENT NONGOVERNMENTAL ORGANIZATIONS.

    (a) Exception for the Importation of Certain Cuban Products Made by 
Independent, Self-Employed Cubans.--Notwithstanding the economic 
embargo of Cuba, the President is authorized to license on a case-by-
case basis--
            (1) the importation of handicrafts or other hand-made goods 
        produced by independent, self-employed Cubans, if the President 
        determines and reports to Congress that doing so will 
        strengthen the economic and political independence of 
        independent, self-employed Cubans; and
            (2) the remittance of up to $1,000 each quarter by a United 
        States person or group to any individual in Cuba to support--
                    (A) the activities of microenterprise activities of 
                an independent, self-employed Cuban; or
                    (B) the activities of an independent 
                nongovernmental organization.
    (b) Suspension.--The President shall, in consultation with 
Congress, suspend any of the transactions authorized in this section if 
the President determines that the Cuban government is diverting 
significant resources by reason of these transactions for its own 
purposes.

SEC. 8. 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) should 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) should instruct personnel of Radio Marti, Television 
        Marti, and the Voice of America to propose and implement 
        measures, and should seek additional funds for these activities 
        as necessary, to increase the availability of their broadcasts 
        on the island of Cuba;
            (4) may provide up to $5,000,000 of the total amounts made 
        available for voluntary contributions to international 
        organizations to the Organization of American States (OAS) in 
        fiscal year 2002, for--
                    (A) the fund for the deployment of human rights 
                observers, election support, and election observation 
                in Cuba that is described in section 109(b)(1) of the 
                LIBERTAD Act of 1996 (22 U.S.C. 6039(b)(1)); and
                    (B) scholarships for Cuban students attending 
                colleges, universities, or other educational programs 
                in member states of the OAS;
            (5) should instruct the Secretary of the Treasury, acting 
        through the Office of Foreign Assets Control of the Department 
        of the Treasury, to propose and implement measures, and should 
        seek additional funds for these activities as necessary, to 
        more vigorously enforce the economic embargo of Cuba and to 
        expeditiously license lawful transactions involving Cuba; and
            (6) should instruct the Attorney General to--
                    (A) investigate thoroughly--
                            (i) the culpability of officials of the 
                        Cuban government in the willful, premeditated 
                        attack on 2 unarmed ``Brothers to the Rescue'' 
                        humanitarian aircraft on February 24, 1996, 
                        which resulted in the death of four individuals 
                        on such aircraft, Pablo Morales, Carlos Costa, 
                        Mario de la Pena, and Armando Alejandre; and
                            (ii) the involvement of officials of the 
                        Cuban government in the trafficking of illicit 
                        narcotics and in money laundering; and
                    (B) take every available legal measure to bring to 
                justice those officials of the Cuban government 
                involved in the planning, authorization, and execution 
                of the crimes described in subparagraph (A).
    (b) Reports.--
            (1) Report on implementation by the president.--Not later 
        than 6 months after the date of enactment of this Act, the 
        President shall submit to Congress a detailed written report on 
        steps United States agencies have taken as of the date of the 
        report, and steps those agencies will take in the 12 months 
        following the date of the report, to implement each of the 
        measures set forth in subsection (a).
            (2) Report regarding cuba.--Not later than 120 days after 
        the date of enactment of this Act, and every 12 months 
        thereafter, the Secretary of State shall submit to each Member 
        of Congress, and disseminate through all United States 
        diplomatic and consular missions, unclassified written reports 
        (with classified annexes as required) on the following 
        subjects:
                    (A) Assistance the United States is prepared to 
                provide to a transition government or a democratically 
                elected government, in accordance with title II of the 
                LIBERTAD Act of 1996.
                    (B) 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).
                    (C) The policy of the Cuban government to coerce 
                certain categories of poor, less educated, and rural 
                women to submit to induced abortions.
                    (D) The role of the Cuban government or any of its 
                agents in international narcotics trafficking or money 
                laundering.
                    (E) The impact on and threat to the national 
                security or national interests of the United States 
                posed by--
                            (i) Russian intelligence facilities in 
                        Cuba, including the intelligence facility at 
                        Lourdes, Cuba (including details on the 
                        presence at that facility of personnel from the 
                        Russian Federation, including advisers, 
                        technicians, and military personnel);
                            (ii) efforts by the Cuban government to 
                        produce biological weapons or other technology 
                        with military or economic warfare applications; 
                        and
                            (iii) completion of the Cienfuegos nuclear 
                        facility at Juragua, Cuba (including support 
                        for such completion, if any, by the Russian 
                        Federation).
                    (F) Measures of the Cuban government to persecute, 
                discourage, or restrict the spiritual and charitable 
                activities of churches and other religious 
                organizations in Cuba.
                    (G) 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.
                    (H) 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.
                    (I) 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.
                    (J) Efforts by the Cuban government to influence 
                United States policy toward Cuba through espionage, 
                other surreptitious means, or propaganda.
                    (K) The issuance of visas to enter the United 
                States to Cuban officials or persons affiliated with 
                the Cuban government, accompanied by a justification 
                for issuing each such visa, taking into account section 
                102(e) of the LIBERTAD Act of 1996 (22 U.S.C. 6032(e)).
                    (L) The bilateral sugar-for-petroleum agreement 
                between the Russian Federation and Cuba, including an 
                analysis of the banks and trading companies carrying 
                out such agreement, an analysis of the terms of such 
                agreement, and a determination of whether such 
                agreement and terms provide any economic subsidy to the 
                Cuban government.
                    (M) Cuban relations with other 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), Arletis Blanco, Cheri Dalton 
                (also known as ``Nehanda Abiodun''), William Lee Brent, 
                Charles Hill, Guillermo Morales, Luis Pena Soltren, 
                Frank Terpil, Robert Vesco, and other fugitives of 
                justice harbored by the Cuban government.
            (3) Transmittal together with specified lists.--
                    (A) Exploitative labor conditions.--In the case of 
                the transmittal of reports described in paragraph 
                (2)(B), such reports shall be 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) Actions by other governments and international 
                organizations.--In the case of the transmittal of 
                reports described in paragraph (2)(I), such reports 
                shall be accompanied by a list of commercial ventures 
                and bilateral agreements signed with the Cuban 
                government during the periods covered by the reports.

SEC. 9. REDUCTION IN ASSISTANCE TO THE RUSSIAN FEDERATION FOR SUPPORT 
              OF CUBAN INTELLIGENCE FACILITIES.

    (a) Annual Withholding of Assistance.--Section 498A(d)(1) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2295a(d)(1)) is amended--
            (1) by striking ``, on or after the date of enactment of 
        this subsection,'' and inserting ``for a fiscal year''; and
            (2) by striking ``on or after such date'' and inserting 
        ``for the preceding fiscal year''.
    (b) Annual Transmittal of Certifications.--Section 498A(d)(2) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(d)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``for a fiscal year'' after 
                ``withhold assistance'';
                    (B) by inserting ``prior to that fiscal year'' 
                after ``committees'';
                    (C) by inserting ``for that fiscal year'' after 
                ``such assistance''; and
                    (D) by inserting ``for a fiscal year'' after 
                ``Russia''; and
            (2) in subparagraph (B), by inserting ``for a fiscal year'' 
        after ``with respect to Russia''.

SEC. 10. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of State should 
authorize the travel and contacts of Cuban diplomatic personnel in 
United States territory on a strictly reciprocal basis, taking into 
account Cuban restrictions against United States diplomatic personnel 
meeting with officials of the Cuban government at all levels.

SEC. 11. STATUTORY CONSTRUCTION.

    Nothing in this Act or in section 109 of the 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>