[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Page S3959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1936. Mr. McCONNELL (for Mr. Rubio) submitted an amendment 
intended to be proposed to amendment SA 1463 proposed by Mr. McCain to 
the bill H.R. 1735, to authorize appropriations for fiscal year 2016 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title X, add the following:

     SEC. 1040. LIMITATION OF THE TRANSFER OF UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO THE 
                   GOVERNMENT OF CUBA.

       (a) In General.--No portion of the land or water listed by 
     Article I of the United States-Cuba Agreements and Treaty of 
     1934 shall be transferred to the Government of Cuba, unless--
       (1) a democratically-elected Government of Cuba and the 
     United States Government mutually agree to new lease terms 
     for such land or water;
       (2) the elections of the Government of Cuba were--
       (A) free and fair;
       (B) conducted under internationally recognized observers; 
     and
       (C) carried out so that opposition parties had ample time 
     to organize and campaign using full access media available to 
     every candidate;
       (3) the Government of Cuba has committed itself to 
     constitutional change that would ensure regular free and fair 
     elections;
       (4) the Government of Cuba has made a public commitment to 
     respect, and is respecting, internationally recognized human 
     rights and basic democratic freedoms;
       (5) the President certifies to Congress that Cuba is no 
     longer a state sponsor of terrorism and no longer harbors 
     members of recognized foreign terrorist organizations; and
       (6) the Secretary of Defense certifies that the United 
     States Naval Station, Guantanamo Bay, Cuba, is not 
     advantageous to United States national security or to the 
     operation of the Navy and the Coast Guard in the Caribbean 
     Sea.
       (b) Continuation of Current Lease.--It shall be the policy 
     of the United States to continue to lease the land or 
     waterways that encompass the United States Naval Station, 
     Guantanamo Bay, Cuba, unless the criteria set out in 
     paragraphs (1) through (6) of subsection (a) are met.

     SEC. 1040A. LIMITATION ON MODIFICATION OR ABANDONMENT OF 
                   LEASED LAND AND WATER CONTAINING UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) Limitation.--The United States may not modify the 45 
     square mile lease of land or waterways that encompass the 
     United States Naval Station, Guantanamo Bay, Cuba, in effect 
     on the date of the enactment of this Act, unless--
       (1) the President notifies Congress not later than 90 days 
     prior to the proposed modification of such lease; and
       (2) after such notification, Congress enacts a law 
     authorizing a modification of such lease.
       (b) Retention.--The United States may not abandon any 
     portion of the land or water that contains the United States 
     Naval Station, Guantanamo Bay, Cuba, unless--
       (1) the President notifies Congress not less than 90 days 
     prior to the proposed abandonment of such land or water; and
       (2) after such notification, Congress enacts a law 
     authorizing such abandonment.
       (c) No New Grant of Authority.--This section may not be 
     construed to grant the President any authority not already 
     provided by the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
                                 ______