[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 538

  To prohibit the removal of Cuba from the list of state sponsors of 
   terrorism until Cuba satisfies certain conditions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2023

Mr. Rubio (for himself, Mr. Cruz, and Mr. Scott of Florida) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To prohibit the removal of Cuba from the list of state sponsors of 
   terrorism until Cuba satisfies certain conditions, 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 TITLES.

    This Act may be cited as the ``Fighting Oppression until the Reign 
of Castro Ends Act'' or the ``FORCE Act''.

SEC. 2. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to support the Cuban people's desire to hold free and 
        fair elections, which are supervised by respected international 
        observers that respect the people of Cuba's desire for freedom 
        and democracy;
            (2) to encourage the international community to raise their 
        voices in support of the Cuban people's desire to live freely; 
        and
            (3) to demand the release of all political prisoners in 
        Cuba.

SEC. 3. PROHIBITION ON REMOVAL.

    (a) In General.--Notwithstanding any other provision of law, 
neither the President nor the Secretary of State may remove Cuba from 
the list of state sponsors of terrorism until the President makes the 
determination described in section 205 of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065).
    (b) Defined Term.--In this section, the term ``state sponsor of 
terrorism'' means a country the government of which the Secretary of 
State determines has repeatedly provided support for international 
terrorism pursuant to--
            (1) section 1754(c)(1)(A) of the Export Control Reform Act 
        of 2018 (50 U.S.C. 4318(c)(1)(A));
            (2) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371);
            (3) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); or
            (4) any other provision of law.

SEC. 4. REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit a report to the 
Committee on Foreign Relations of the Senate, the Select Committee on 
Intelligence of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, and the Permanent Select Committee on 
Intelligence of the House of Representatives that identifies all 
terrorists and fugitives who--
            (1)(A) have been convicted for a terrorism-related offense 
        in a United States court;
            (B) fled the United States after being indicted for a 
        terrorism-related offense, but before standing trial; or
            (C) are members of a foreign terrorist organization; and
            (2) are being provided safe haven in Cuba.
    (b) Form.--Each report submitted under this section shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 5. PROHIBITION OF FINANCIAL TRANSACTIONS BENEFITTING THE CUBAN 
              REGIME.

    (a) In General.--No person subject to the jurisdiction of the 
United States may engage in a direct financial transaction, including 
electronic remittances, with any entity or subentity that the Secretary 
of State, in consultation with the Secretary of the Treasury, 
determines to be under the control of, or acting for or on behalf of, 
the Cuban military, intelligence, or security services or personnel 
with which direct financial transactions would disproportionately 
benefit such services or personnel at the expense of the Cuban people 
or private enterprise in Cuba.
    (b) Sense of Congress Regarding Sanctions.--It is the sense of 
Congress that the Secretary of the Treasury should expand and tighten 
sanctions programs to ensure beneficial ownership disclosure and 
material support clauses to penalize tax havens for entities used by 
sanctioned countries, as was recently disclosed in the OpenLux 
investigation of the Cuban military's use of destinations such as 
Liechtenstein, Luxembourg, and Hong Kong.

SEC. 6. IMPLEMENTATION.

    (a) Update and Publication of Entity List.--Not later than 90 days 
after the date of the enactment of this Act, and annually thereafter, 
the Secretary of State shall--
            (1) in furtherance of the regulatory changes described in 
        this section, identify the entities or subentities, as 
        appropriate, that are under the control of, or act for or on 
        behalf of, the Cuban military, intelligence, or security 
        services or personnel, including GAESA, its affiliates, 
        subsidiaries, and successors;
            (2) update a list of the entities and subentities 
        identified pursuant to paragraph (1) with which direct 
        financial transactions would disproportionately benefit such 
        services or personnel at the expense of the Cuban people or 
        private enterprise in Cuba; and
            (3) make the list updated pursuant to paragraph (2) 
        available to the public.
    (b) Limitation.--
            (1) Prohibited transactions.--Except as provided in 
        subsection (a) and section 8, the regulatory changes described 
        in this section shall prohibit direct financial transactions 
        with any entity or subentity on the list updated pursuant to 
        subsection (a)(2).
            (2) Allowed transactions.--The regulatory changes described 
        in this section may not prohibit any transaction that the 
        Secretary of the Treasury or the Secretary of Commerce, in 
        coordination with the Secretary of State, determines is 
        consistent with the policy of the United States, including 
        transactions concerning--
                    (A) Federal Government operations, including 
                operations at the Naval Station at Guantanamo Bay and 
                at the United States mission in Havana;
                    (B) programs seeking to build democracy in Cuba;
                    (C) air and sea operations that support permissible 
                travel, cargo, or trade;
                    (D) the acquisition of visas for permissible 
                travel;
                    (E) the expansion of direct telecommunications and 
                internet access for the Cuban people;
                    (F) the sale of agricultural commodities, 
                medicines, and medical devices sold to Cuba in 
                accordance with the Trade Sanctions Reform and Export 
                Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and 
                the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et 
                seq.);
                    (G) sending, processing, or receiving authorized 
                remittances that do not wholly, or in any part, benefit 
                any entity or subentity on the list updated pursuant to 
                subsection (a)(2);
                    (H) furthering the national security or foreign 
                policy interests of the United States; or
                    (I) any other activity that is required by law.
    (c) Protection of National Interests.--Any activity conducted 
pursuant to subsection (a) or (b) shall be carried out in a manner that 
furthers the national interests of the United States, including by 
appropriately protecting sensitive sources, methods, and operations of 
the Federal Government.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Defined Term.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Select Committee on Intelligence of the Senate;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (4) the Committee on Foreign Affairs of the House of 
        Representatives;
            (5) the Permanent Select Committee on Intelligence of the 
        House of Representatives; and
            (6) the Committee on Homeland Security of the House of 
        Representatives.
    (b) Report on the Involvement of Fidel Castro, Raul Castro, and 
Miguel Diaz-Canel in Public Corruption and Other Illicit Activities.--
Not later than 60 days after the date of the enactment of this Act, the 
Secretary of State, acting through the Bureau of Intelligence and 
Research of the Department of State, and in coordination with the 
Director of National Intelligence, shall submit a report to the 
appropriate congressional committees that describes--
            (1) significant acts of public corruption in Cuba that--
                    (A) involve--
                            (i) members of El Partido Comunista de 
                        Cuba; or
                            (ii) senior officials of the Cuban regime, 
                        including members of La Asamblea Nacional del 
                        Poder Popular, GAESA, and the Ministerio del 
                        Interior;
                    (B) pose challenges for United States national 
                security and regional stability;
                    (C) impede the realization of freedom of 
                expression; or
                    (D) infringe upon the fundamental freedoms of civil 
                society and political opponents in Cuba; and
            (2) activities of the Maduro regime in Venezuela taking 
        place in Cuba, including--
                    (A) cooperation between Venezuela and Cuba's 
                military personnel, intelligence services, and security 
                forces;
                    (B) cooperation related to telecommunications and 
                satellite navigation;
                    (C) other political and economic cooperation with 
                the Government of Cuba; and
                    (D) the threats and risks that such activities pose 
                to United States national interests and national 
                security.
    (c) Notification of Any Engagement of the United States With 
Cuba.--The Secretary of State, in coordination with the Secretary of 
the Treasury, the Secretary of Defense, the Attorney General, the 
Secretary of Commerce, and the Secretary of Homeland Security, shall 
notify the appropriate congressional committees of any engagement of 
the United States with Cuba not later than 14 days after such 
engagement to ensure that such engagement is advancing the interests of 
the United States.

SEC. 8. TERMINATION.

    The limitation set forth in section 6(b)(1) shall terminate on the 
date that is 90 days after the date on which the President certifies to 
Congress that the Government of Cuba--
            (1) has taken the necessary steps to begin an electoral 
        process that is transparent, free, and fair in accordance with 
        sections 205 and 206 of the Cuban Liberty and Democratic 
        Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114); and
            (2) has met the requirements for the termination of the 
        economic embargo set forth in section 204 of such Act.
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