[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.
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