[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 488 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 S. 488

  To impose sanctions with respect to foreign persons that engage in 
  certain transactions relating to Cuba and to impose sanctions with 
  respect to human rights abuse and corruption in Cuba, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 6 (legislative day, February 5), 2025

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

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions with respect to foreign persons that engage in 
  certain transactions relating to Cuba and to impose sanctions with 
  respect to human rights abuse and corruption in Cuba, 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 TITLE.

    This Act may be cited as the ``Denying Earnings to the Military 
Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence 
Apparatus Act'' or the ``DEMOCRACIA Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The Cuban Communist takeover of 1959 established in 
        Cuba a one-party authoritarian state of the Cuban Communist 
        Party.
            (2) Cuba is a totalitarian state, in which the Cuban 
        Communist Party has brutally oppressed the people of Cuba for 
        more than 60 years.
            (3) Cuban democracy activists, including Las Damas de 
        Blanco (also known as ``Ladies in White''), a group composed of 
        wives and relatives of political prisoners, prisoners of 
        conscience, and peaceful activists in Cuba, are routinely 
        repressed, censured, beaten, and unjustly imprisoned by the 
        Cuban Communist Party.
            (4) On July 11, 2021, protesters marched in the streets 
        throughout Cuba voicing their opposition against the communist 
        regime of Cuba.
            (5) During those protests, Cubans in more than 40 cities 
        held demonstrations chanting ``Freedom!'', ``Down with the 
        Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life'').
            (6) Through those protests, the people of Cuba demanded the 
        end to communism in Cuba and access to food, medicine, water, 
        and electricity, basic needs that the communist system in Cuba 
        cannot provide.
            (7) Cubans gathered outside of the headquarters of the 
        Cuban Communist Party chanting, ``Cuba isn't yours!''. In a 
        clear message, Cubans exercised their fundamental God-given 
        rights to peaceably assemble, express their political opinions, 
        and live free of censorship and oppression and demanded the 
        ruling elites, especially the Cuban Communist Party, release 
        its control of their government and give the power back to the 
        people.
            (8) During the July 11, 2021, protests, the Cuban Communist 
        Party deployed a wave of terror throughout Cuba by--
                    (A) unleashing its secret police and some military 
                forces on peaceful protesters and unlawfully detained 
                them, including by--
                            (i) harassing and threatening people in 
                        their homes;
                            (ii) abducting and torturing civil society 
                        leaders and other Cubans peacefully exercising 
                        their fundamental rights; and
                            (iii) detaining more than 800 Cubans for 
                        peacefully protesting, who have gone missing 
                        since the protests and demonstrations began, 
                        including leaders from Cuban civil society 
                        groups such as UNPACU, the San Isidro Movement, 
                        the Ladies in White, and religious leaders; and
                    (B) in a crude and savage effort to silence the 
                Cuban people, cutting internet connectivity and mobile 
                services throughout Cuba, which prevented the Cuban 
                people from organizing and hid from the outside world 
                images and videos of the oppressive and brutal 
                crackdown by the Government of Cuba.
            (9) In response to these demonstrations and protests, the 
        regime blocked access to social media, messaging platforms and 
        cellular services, and arrested and detained hundreds of 
        protesters, activists, and journalists, according to Cuban 
        human rights groups.
            (10) The Human Rights Report on Cuba for 2020 set forth by 
        the Department of State found that Cuba is an authoritarian 
        state.
            (11) A new constitution ratified in February 2019 codified 
        that Cuba remains a one-party system in which the Cuban 
        Communist Party is the only legal political party. Elections in 
        Cuba were neither free, fair, nor competitive.
            (12) The Ministry of Interior of Cuba (MININT) controls 
        police, internal security forces, and the prison system. The 
        National Revolutionary Police are the primary law enforcement 
        organization of the Ministry. Specialized units of the state 
        security branch of the Ministry are responsible for monitoring, 
        infiltrating, and suppressing independent political activity. 
        The national leadership of Cuba, including members of the 
        military, maintain effective control over the security forces. 
        Members of the security forces have committed numerous abuses.
            (13) Significant human rights issues in Cuba include the 
        following:
                    (A) Unlawful or arbitrary killings by the 
                Government of Cuba, including extrajudicial killings.
                    (B) Forced disappearances by the Government of 
                Cuba.
                    (C) Torture and cruel, inhuman, and degrading 
                treatment of political dissidents, detainees, and 
                prisoners by security forces.
                    (D) Harsh and life-threatening prison conditions.
                    (E) Arbitrary arrests and detentions.
                    (F) The detaining of political prisoners.
                    (G) Significant problems with the independence of 
                the judiciary.
                    (H) Arbitrary or unlawful interference with 
                privacy.
                    (I) Functional lack of freedom of the press, as 
                criminal libel laws are used against persons who 
                criticize leadership of the Government of Cuba and that 
                Government has engaged in censorship and internet site 
                blocking.
                    (J) Severe limitations on academic and cultural 
                freedom.
                    (K) Severe restrictions on the right of peaceful 
                assembly and denial of freedom of association, 
                including refusal to recognize independent 
                associations.
                    (L) Severe restrictions on religious freedom.
                    (M) Restrictions on internal and external freedom 
                of movement.
                    (N) Inability of citizens to change their 
                government through free and fair elections.
                    (O) Restrictions on political participation to 
                members of the ruling party.
                    (P) Corruption by officials of the Government of 
                Cuba.
                    (Q) Trafficking in persons, including compulsory 
                labor.
                    (R) Outlawing of independent trade unions.
            (14) Officials of the Government of Cuba, at the direction 
        of their superiors, have committed most human rights abuses. As 
        a matter of policy, officials failed to investigate or 
        prosecute the individuals who committed those abuses. Impunity 
        for the perpetrators has remained widespread.
            (15) The United States Commission on International 
        Religious Freedom recommended in its 2021 Annual Report that 
        the United States Government again place Cuba on the special 
        watch list under section 402(b)(1)(A)(iii) of the International 
        Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) 
        and recommended imposing sanctions on the Office of Religious 
        Affairs of Cuba.
            (16) In the report specified in paragraph (15), the United 
        States Commission on International Religious Freedom raised 
        concerns regarding the denial in Cuba of religious freedom for 
        human rights activists, independent journalists, and 
        protesters, particularly in the wake of demonstrations that 
        started on November 13, 2020, calling for greater freedom of 
        expression in Cuba.
            (17) Cuba was ground zero for a series of yet unexplained 
        attacks in 2016 on members of the diplomatic community of the 
        United States in Havana, Cuba.
            (18) Cuba continues to provide safe harbor for adversaries 
        of the United States, including multiple fugitives from justice 
        in the United States, including William Morales, Charles Hill, 
        Victor Manuel Gerena, and Joanne Chesimard, who executed New 
        Jersey State Trooper Werner Foerster during a routine traffic 
        stop in May 1973.
            (19) The Trade Sanctions Reform and Export Enhancement Act 
        of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from 
        imposing unilateral agricultural or medical sanctions against 
        Cuba.
            (20) The defense, security, and intelligence sectors of 
        Cuba are the primary perpetrators of beatings, arrests, 
        detainments, and unjust imprisonments of the Cuban people.
            (21) The Cuban Communist Party has a long history of 
        racism.
            (22) No high level positions within the Cuban Communist 
        Party are occupied by Afro-Cubans.
            (23) Many Cubans who suffered the worst treatment at the 
        hands of the security forces of the Cuban Communist Party are 
        Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia 
        Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas 
        Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara, 
        and Ivan Hernandez Carrillo.
            (24) On January 12, 2021, the Department of State 
        determined that Cuba has repeatedly provided support for acts 
        of international terrorism and was designated a state sponsor 
        of terrorism.
            (25) On May 14, 2021, Secretary of State Antony Blinken 
        determined and certified to Congress that Cuba is not 
        cooperating fully with United States antiterrorism efforts.
            (26) The Cuban Communist Party continues to support 
        international terrorist groups such as the Revolutionary Armed 
        Forces of Colombia (FARC) and the National Liberation Army 
        (ELN).
            (27) Commercial engagement with the defense, security, and 
        intelligence sectors of Cuba empowers the human rights abuses, 
        racism against Afro-Cubans, and support for international 
        terrorism by the Cuban Communist Party.
    (b) Sense of Congress.--It is the sense of Congress that Congress--
            (1) reaffirms subsection (a) of section 1704 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6003), which states that the 
        President should encourage foreign countries to restrict trade 
        and credit relations with Cuba in a manner consistent with the 
        purposes of that Act; and
            (2) urges the President to take immediate steps to apply 
        the sanctions described in subsection (b)(1) of that section 
        with respect to countries assisting Cuba.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to support the desire of the people of Cuba for freedom 
        and democracy; and
            (2) to work with allies and the international community to 
        seek to restrict and reduce the financial resources of the 
        Cuban dictatorship, which supports terrorism and perpetrates 
        injustice and human rights abuses against the Cuban people, 
        that being the Cuban military, security, and intelligence 
        sectors.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
              ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA.

    (a) Imposition of Sanctions.--
            (1) In general.--The President shall impose the sanctions 
        described in subsection (b) with respect to a foreign person if 
        the President determines that the foreign person, on or after 
        the date of the enactment of this Act, knowingly engages in an 
        activity described in paragraph (2).
            (2) Activities described.--Except as provided in paragraph 
        (3), a foreign person engages in an activity described in this 
        paragraph if the foreign person provides financial, material, 
        or technological support to, or engages in a transaction with--
                    (A) a covered sector of the Government of Cuba, or 
                any entity or individual affiliated with such sector 
                (including an immediate adult family member of such 
                individual);
                    (B) an agency, instrumentality, or other entity 
                owned by an entity that is part of or associated with a 
                covered sector, entity, or individual described in 
                subparagraph (A) in a percentage share exceeding 25 
                percent;
                    (C) an individual who is a senior official of a 
                covered sector or entity described in subparagraph (A) 
                (including an immediate adult family member of such 
                individual);
                    (D) an agency, instrumentality, or other entity 
                operated or controlled by a covered sector, entity, or 
                individual described in subparagraph (A);
                    (E) an entity or individual--
                            (i) for the purpose of avoiding a financial 
                        transaction with, or the transfer of funds to, 
                        an entity or individual specified in any of 
                        subparagraphs (A) through (D); or
                            (ii) for the benefit of an entity or 
                        individual specified in any of subparagraphs 
                        (A) through (D);
                    (F) a foreign person that is a military contractor, 
                mercenary, or a paramilitary force knowingly operating 
                in a military, security, or intelligence capacity for 
                or on behalf of the Government of Cuba; or
                    (G) a foreign person subject to sanctions pursuant 
                to the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.) or the Trading with the Enemy Act 
                (50 U.S.C. 4301 et seq.) with respect to Cuba or any 
                other provision of law that imposes sanctions or other 
                economic restrictions or limitations with respect to 
                Cuba.
            (3) Exceptions.--The following activities engaged in by a 
        foreign person shall not be considered to be activities 
        described in paragraph (2) for purposes of imposing sanctions 
        described in subsection (b) with respect to the person:
                    (A) The sale of agricultural commodities, 
                medicines, and medical devices sold to Cuba consistent 
                with the Trade Sanctions Reform and Export Enhancement 
                Act of 2000 (22 U.S.C. 7201 et seq.).
                    (B) A remittance to an immediate family member, 
                other than--
                            (i) an individual who is a high-level 
                        member of the Cuban Communist Party; or
                            (ii) an individual who is an immediate 
                        family member of an individual described in 
                        clause (i).
                    (C) A payment in furtherance of the lease agreement 
                for, or other financial transactions necessary for 
                maintenance and improvements of, the military base at 
                Guantanamo Bay, Cuba, including any adjacent areas 
                under the control or possession of the United States.
                    (D) Assistance or support in furtherance of 
                democracy-building efforts for Cuba described in 
                section 109 of the Cuban Liberty and Democratic 
                Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039).
                    (E) Customary and routine financial transactions 
                necessary for the maintenance, improvements, or regular 
                duties of the United States Embassy in Havana, Cuba, 
                including outreach to the pro-democracy opposition.
                    (F) Accessing the internet or providing cellular 
                services if the internet and cellular services have 
                been restored, are without interference from the Cuban 
                regime, and do not include any technology, services, or 
                communications backed by the Communist Party of the 
                People's Republic of China.
            (4) Sense of congress.--It is the sense of Congress that 
        the President should, in making a determination of whether a 
        foreign person engages in an activity described in paragraph 
        (2), consider the provision of loans, credits, or export 
        credits by the person to be a form of significant financial, 
        material, or technological support as described in such 
        paragraph.
            (5) Covered sector defined.--In this subsection, the term 
        ``covered sector'' means--
                    (A) the defense sector;
                    (B) the security sector;
                    (C) the intelligence sector; or
                    (D) any other sector of the Government of Cuba 
                beginning 15 days after the date on which the President 
                certifies to Congress that such sector is involved in 
                carrying out human rights abuses or providing support 
                for international terrorism.
    (b) Sanctions Described.--
            (1) In general.--The sanctions to be imposed with respect 
        to a foreign person subject to subsection (a) are the 
        following:
                    (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) and the Trading with the Enemy 
                Act (50 U.S.C. 4301 et seq.) to the extent necessary to