Pub.L. 104-115 To guarantee the continuing full investment of Social Security and other Federal funds in obligations of the United States. <> ...

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                    (B) a listing of the goods, services, credits, or 
                other consideration received by Cuba in exchange for 
                military supplies, equipment, or material, and
                    (C) the terms or conditions of any such agreement.

SEC. 109. <<NOTE: 22 USC 6039.>>  AUTHORIZATION OF SUPPORT FOR 
            DEMOCRATIC AND HUMAN RIGHTS GROUPS AND INTERNATIONAL 
            OBSERVERS.

    (a) Authorization.--Notwithstanding any other provision of law 
(including section 102 of this Act), except for section 634A of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) and comparable 
notification requirements contained in any Act making appropriations for 
foreign operations, export financing, and related programs, the 
President is authorized to furnish assistance and provide other support 
for individuals and independent nongovernmental organizations to support 
democracy-building efforts for Cuba, including the following:
            (1) Published and informational matter, such as books, 
        videos, and cassettes, on transitions to democracy, human 
        rights, and market economies, to be made available to 
        independent democratic groups in Cuba.
            (2) Humanitarian assistance to victims of political 
        repression, and their families.
            (3) Support for democratic and human rights groups in Cuba.
            (4) Support for visits and permanent deployment of 
        independent international human rights monitors in Cuba.

    (b) OAS Emergency Fund.--
            (1) For support of human rights and elections.--The 
        President shall take the necessary steps to encourage the 
        Organization of American States to create a special emergency 
        fund for the explicit purpose of deploying human rights 
        observers, election support, and election observation in Cuba.
            (2) Action of other member states.--The President should 
        instruct the United States Permanent Representative to the 
        Organization of American States to encourage other member states 
        of the Organization to join in calling for the Cuban Government 
        to allow the immediate deployment of independent human rights 
        monitors of the Organization throughout Cuba and on-site visits 
        to Cuba by the Inter-American Commission on Human Rights.

[[Page 110 STAT. 800]]

            (3) Voluntary contributions for fund.--Notwithstanding 
        section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2227) or any other provision of law limiting the United States 
        proportionate share of assistance to Cuba by any international 
        organization, the President should provide not less than 
        $5,000,000 of the voluntary contributions of the United States 
        to the Organization of American States solely for the purposes 
        of the special fund referred to in paragraph (1).

    (c) <<NOTE: President.>>  Denial of Funds to the Cuban Government.--
In implementing this section, the President shall take all necessary 
steps to ensure that no funds or other assistance is provided to the 
Cuban Government.

SEC. 110. <<NOTE: 22 USC 6040.>>  IMPORTATION SAFEGUARD AGAINST CERTAIN 
            CUBAN PRODUCTS.

    (a) Prohibition on Import of and Dealings in Cuban Products.--The 
Congress notes that section 515.204 of title 31, Code of Federal 
Regulations, prohibits the entry of, and dealings outside the United 
States in, merchandise that--
            (1) is of Cuban origin;
            (2) is or has been located in or transported from or through 
        Cuba; or
            (3) is made or derived in whole or in part of any article 
        which is the growth, produce, or manufacture of Cuba.

    (b) Effect of NAFTA.--The Congress notes that United States 
accession to the North American Free Trade Agreement does not modify or 
alter the United States sanctions against Cuba. The statement of 
administrative action accompanying that trade agreement specifically 
states the following:
            (1) ``The NAFTA rules of origin will not in any way diminish 
        the Cuban sanctions program. . . . Nothing in the NAFTA would 
        operate to override this prohibition.''.
            (2) ``Article 309(3) [of the NAFTA] permits the United 
        States to ensure that Cuban products or goods made from Cuban 
        materials are not imported into the United States from Mexico or 
        Canada and that United States products are not exported to Cuba 
        through those countries.''.

    (c) Restriction of Sugar Imports.--The Congress notes that section 
902(c) of the Food Security Act of 1985 (Public Law 99-198) requires the 
President not to allocate any of the sugar import quota to a country 
that is a net importer of sugar unless appropriate officials of that 
country verify to the President that the country does not import for 
reexport to the United States any sugar produced in Cuba.
    (d) Assurances Regarding Sugar Products.--Protection of essential 
security interests of the United States requires assurances that sugar 
products that are entered, or withdrawn from warehouse for consumption, 
into the customs territory of the United States are not products of 
Cuba.

SEC. 111. <<NOTE: 22 USC 6041.>>  WITHHOLDING OF FOREIGN ASSISTANCE FROM 
            COUNTRIES SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA.

    (a) Findings.--The Congress makes the following findings:
            (1) President Clinton stated in April 1993 that the United 
        States opposed the construction of the Juragua nuclear power 
        plant because of the concerns of the United States about Cuba's 
        ability to ensure the safe operation of the facility and because

[[Page 110 STAT. 801]]

        of Cuba's refusal to sign the Nuclear Non-Proliferation Treaty 
        or ratify the Treaty of Tlatelolco.
            (2) Cuba has not signed the Treaty on the Non-Proliferation 
        of Nuclear Weapons or ratified the Treaty of Tlatelolco, the 
        latter of which establishes Latin America and the Caribbean as a 
        nuclear weapons-free zone.
            (3) The State Department, the Nuclear Regulatory Commission, 
        and the Department of Energy have expressed concerns about the 
        construction and operation of Cuba's nuclear reactors.
            (4) In a September 1992 report to the Congress, the General 
        Accounting Office outlined concerns among nuclear energy experts 
        about deficiencies in the nuclear plant project in Juragua, near 
        Cienfuegos, Cuba, including--
                    (A) a lack in Cuba of a nuclear regulatory 
                structure;
                    (B) the absence in Cuba of an adequate 
                infrastructure to ensure the plant's safe operation and 
                requisite maintenance;
                    (C) the inadequacy of training of plant operators;
                    (D) reports by a former technician from Cuba who, by 
                examining with x-rays weld sites believed to be part of 
                the auxiliary plumbing system for the plant, found that 
                10 to 15 percent of those sites were defective;
                    (E) since September 5, 1992, when construction on 
                the plant was halted, the prolonged exposure to the 
                elements, including corrosive salt water vapor, of the 
                primary reactor components; and
                    (F) the possible inadequacy of the upper portion of 
                the reactors' dome retention capability to withstand 
                only 7 pounds of pressure per square inch, given that 
                normal atmospheric pressure is 32 pounds per square inch 
                and United States reactors are designed to accommodate 
                pressures of 50 pounds per square inch.
            (5) The United States Geological Survey claims that it had 
        difficulty determining answers to specific questions regarding 
        earthquake activity in the area near Cienfuegos because the 
        Cuban Government was not forthcoming with information.
            (6) The Geological Survey has indicated that the Caribbean 
        plate, a geological formation near the south coast of Cuba, may 
        pose seismic risks to Cuba and the site of the power plant, and 
        may produce large to moderate earthquakes.
            (7) On May 25, 1992, the Caribbean plate produced an 
        earthquake numbering 7.0 on the Richter scale.
            (8) According to a study by the National Oceanic and 
        Atmospheric Administration, summer winds could carry radioactive 
        pollutants from a nuclear accident at the power plant throughout 
        all of Florida and parts of the States on the coast of the Gulf 
        of Mexico as far as Texas, and northern winds could carry the 
        pollutants as far northeast as Virginia and Washington, D.C.
            (9) The Cuban Government, under dictator Fidel Castro, in 
        1962 advocated the Soviets' launching of nuclear missiles to the 
        United States, which represented a direct and dangerous 
        provocation of the United States and brought the world to the 
        brink of a nuclear conflict.
            (10) Fidel Castro over the years has consistently issued 
        threats against the United States Government, most recently

[[Page 110 STAT. 802]]

        that he would unleash another perilous mass migration from Cuba 
        upon the enactment of this Act.
            (11) Despite the various concerns about the plant's safety 
        and operational problems, a feasibility study is being conducted 
        that would establish a support group to include Russia, Cuba, 
        and third countries with the objective of completing and 
        operating the plant.

    (b) Withholding of Foreign Assistance.--
            (1) In general.--Notwithstanding any other provision of law, 
        the President shall withhold from assistance allocated, on or 
        after the date of the enactment of this Act, for any country an 
        amount equal to the sum of assistance and credits, if any, 
        provided on or after such date of enactment by that country or 
        any entity in that country in support of the completion of the 
        Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
            (2) Exceptions.--The requirement of paragraph (1) to 
        withhold assistance shall not apply with respect to--
                    (A) assistance to meet urgent humanitarian needs, 
                including disaster and refugee relief;
                    (B) democratic political reform or rule of law 
                activities;
                    (C) the creation of private sector or 
                nongovernmental organizations that are independent of 
                government control;
                    (D) the development of a free market economic 
                system;
                    (E) assistance for the purposes described in the 
                Cooperative Threat Reduction Act of 1993 (title XII of 
                Public Law 103-160); or
                    (F) assistance under the secondary school exchange 
                program administered by the United States Information 
                Agency.
            (3) Definition.--As used in paragraph (1), the term 
        ``assistance'' means assistance under the Foreign Assistance Act 
        of 1961, credits, sales, guarantees of extensions of credit, and 
        other assistance under the Arms Export Control Act, assistance 
        under titles I and III of the Agricultural Trade Development and 
        Assistance Act of 1954, assistance under the FREEDOM Support 
        Act, and any other program of assistance or credits provided by 
        the United States to other countries under other provisions of 
        law.

SEC. 112. <<NOTE: 22 USC 6042.>>  REINSTITUTION OF FAMILY REMITTANCES 
            AND TRAVEL TO CUBA.

    It is the sense of the Congress that the President should--
            (1)(A) before considering the reinstitution of general 
        licenses for family remittances to Cuba, insist that, prior to 
        such reinstitution, the Cuban Government permit the unfettered 
        operation of small businesses fully empowered with the right to 
        hire others to whom they may pay wages and to buy materials 
        necessary in the operation of the businesses, and with such 
        other authority and freedom as are required to foster the 
        operation of small businesses throughout Cuba; and
            (B) if licenses described in subparagraph (A) are 
        reinstituted, require a specific license for remittances 
        described in subparagraph (A) in amounts of more than $500; and
            (2) before considering the reinstitution of general licenses 
        for travel to Cuba by individuals resident in the United States

[[Page 110 STAT. 803]]

        who are family members of Cuban nationals who are resident in 
        Cuba, insist on such actions by the Cuban Government as 
        abrogation of the sanction for departure from Cuba by refugees, 
        release of political prisoners, recognition of the right of 
        association, and other fundamental freedoms.

SEC. 113. <<NOTE: President. 22 USC 6043.>>  EXPULSION OF CRIMINALS FROM 
            CUBA.

    The President shall instruct all United States Government officials 
who engage in official contacts with the Cuban Government to raise on a 
regular basis the extradition of or rendering to the United States all 
persons residing in Cuba who are sought by the United States Department 
of Justice for crimes committed in the United States.

SEC. 114. <<NOTE: 22 USC 6044.>>  NEWS BUREAUS IN CUBA.

    (a) Establishment of News Bureaus.--The President is authorized to 
establish and implement an exchange of news bureaus between the United 
States and Cuba, if the exchange meets the following conditions:
            (1) The exchange is fully reciprocal.
            (2) The Cuban Government agrees not to interfere with the 
        establishment of news bureaus or with the movement in Cuba of 
        journalists of any United States-based news organizations, 
        including Radio Marti and Television Marti.
            (3) The Cuban Government agrees not to interfere with 
        decisions of United States-based news organizations with respect 
        to individuals assigned to work as journalists in their news 
        bureaus in Cuba.
            (4) The Department of the Treasury is able to ensure that 
        only accredited journalists regularly employed with a news 
        gathering organization travel to Cuba under this subsection.
            (5) The Cuban Government agrees not to interfere with the 
        transmission of telecommunications signals of news bureaus or 
        with the distribution within Cuba of publications of any United 
        States-based news organization that has a news bureau in Cuba.

    (b) Assurance Against Espionage.--In implementing this section, the 
President shall take all necessary steps to ensure the safety and 
security of the United States against espionage by Cuban journalists it 
believes to be working for the intelligence agencies of the Cuban 
Government.
    (c) Fully Reciprocal.--As used in subsection (a)(1), the term 
``fully reciprocal'' means that all news services, news organizations, 
and broadcasting services, including such services or organizations that 
receive financing, assistance, or other support from a governmental or 
official source, are permitted to establish and operate a news bureau in 
the United States and Cuba.

SEC. 115. <<NOTE: 22 USC 6045.>>  EFFECT OF ACT ON LAWFUL UNITED STATES 
            GOVERNMENT ACTIVITIES.

    Nothing in this Act prohibits any lawfully authorized investigative, 
protective, or intelligence activity of a law enforcement agency, or of 
an intelligence agency, of the United States.

SEC. 116. <<NOTE: 22 USC 6046.>>  CONDEMNATION OF CUBAN ATTACK ON 
            AMERICAN AIRCRAFT.

    (a) Findings.--The Congress makes the following findings:

[[Page 110 STAT. 804]]

            (1) <<NOTE: Brothers to the Rescue.>>  Brothers to the 
        Rescue is a Miami-based humanitarian organization engaged in 
        searching for and aiding Cuban refugees in the Straits of 
        Florida, and was engaged in such a mission on Saturday, February 
        24, 1996.
            (2) The members of Brothers to the Rescue were flying 
        unarmed and defenseless planes in a mission identical to 
        hundreds they have flown since 1991 and posed no threat 

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