[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2798-S2799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 693. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 G of title XII, add the following:

     SEC. 1299L. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY 
                   AND INTELLIGENCE FACILITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA IN CUBA.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person that the President determines engages in or has 
     engaged in a significant transaction or transactions, or any 
     dealings with, or has provided material support to or for a 
     military or intelligence facility of the People's Republic of 
     China in Cuba.
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign person are the 
     following:
       (1) Licensing prohibition.--Notwithstanding any other 
     provision of law, no license may be issued to the foreign 
     person for any transaction described in section 515.559 of 
     title 31, Code of Federal Regulations, or part 740 or 746 of 
     title 15, Code of Federal Regulations, as that section and 
     those parts were in effect on July 13, 2023.
       (2) Asset blocking.--The exercise of all powers granted to 
     the President by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
     and prohibit all transactions in all property and interests 
     in property of the foreign person if such property and 
     interests in property are in the United States,

[[Page S2799]]

     come within the United States, or are or come within the 
     possession or control of a United States person.
       (3) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an alien, denial of a visa to, and exclusion from the 
     United States of, the alien, and revocation in accordance 
     with section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)), of any visa or other documentation of the 
     alien.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President shall exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(2) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (2) Compliance with united nations headquarters 
     agreement.--Sanctions under subsection (b)(3) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (e) Termination of Sanctions.--Notwithstanding any other 
     provision of law, this section shall terminate on the date 
     that is 30 days after the date on which the President 
     determines and certifies to the appropriate congressional 
     committees (and Congress has not enacted legislation 
     disapproving the determination within that 30-day period) 
     that Cuba has closed and dismantled all military or 
     intelligence facilities of the People's Republic of China in 
     Cuba.
       (f) Definitions.--In this section:
       (1) Alien.--The term ``alien'' has the meaning given that 
     term in section 101 of the Immigration and Nationality Act (8 
     U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' includes--
       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1299M. CODIFICATION OF CUBA RESTRICTED LIST.

       The President may not remove any entity or subentity from 
     the List of Restricted Entities and Subentities Associated 
     with Cuba of the Department of State (commonly known as the 
     ``Cuba Restricted List'') if that entity or subentity was on 
     that list as of July 13, 2023.

     SEC. 1299N. REPORT ON ASSISTANCE BY THE PEOPLE'S REPUBLIC OF 
                   CHINA FOR THE CUBAN GOVERNMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report describing--
       (1) the military and intelligence activities of the 
     Government of the People's Republic of China in Cuba, 
     including any military or intelligence facilities used by 
     that government in Cuba;
       (2) the purposes for which the Government of the People's 
     Republic of China conducts those activities and uses those 
     facilities in Cuba;
       (3) the extent to which the Government of the People's 
     Republic of China provides payment or government credits to 
     the Cuban Government for the continued use of those 
     facilities in Cuba; and
       (4) any progress toward the verifiable termination of 
     access by the Government of the People's Republic of China to 
     those facilities and withdrawal of personnel, including 
     advisers, technicians, and military personnel, from those 
     facilities.
       (b) Definitions.--In this section:
       (1) Agency or instrumentality of the government of cuba.--
     The term ``agency or instrumentality of the Government of 
     Cuba'' means an agency or instrumentality of a foreign state 
     as defined in section 1603(b) of title 28, United States 
     Code, with each reference in that section to ``a foreign 
     state'' deemed to be a reference to ``Cuba''.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' includes--
       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (3) Cuban government.--The term ``Cuban Government'' 
     includes the government of any political subdivision of Cuba 
     and any agency or instrumentality of the Government of Cuba.
                                 ______