ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET UNION FOR THE CUBAN GOVERNMENT.

SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET UNION FOR THE CUBAN GOVERNMENT. (a) Reporting Requirement.— Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report detailing progress toward the withdrawal of personnel of any independent state of the former Soviet Union (within the meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 5801)), including advisers, technicians, and military personnel, from the Cienfuegos nuclear facility in Cuba. (b) Criteria for Assistance.— Section 498A(a)(11) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is amended by striking “of military facilities” and inserting “military and intel-110 STAT. 796ligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos”. (c) Ineligibility for Assistance.— (1) In general.— Section 498A(b) of that Act (22 U.S.C. 2295a(b)) is amended— (A) by striking “or” at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: “(5) for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section 498B(k)(3)) with, the Cuban Government; or” (2) Definition.— Subsection (k) of section 498B of that Act (22 U.S.C. 2295b(k)) is amended by adding at the end the following new paragraph: “(3) Nonmarket based trade.— As used in section 498A(b)(5), the term ‘nonmarket based trade’ includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil and other petroleum products) on terms more favorable than those generally available in applicable markets or for comparable commodities, including— “(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy; “(B) imports from the Cuban Government at preferential tariff rates; “(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Cuban Government is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and “(D) the exchange, reduction, or forgiveness of debt of the Cuban Government in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national. “(4) Cuban government.— (A) The term ‘Cuban Government’ includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba. “(B) For purposes of subparagraph (A), 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 such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.”. (3) Exception.— Section 498A(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295A(c)) is amended by inserting after paragraph (3) the following new paragraph: 110 STAT. 797 “(4) The assistance is provided under the secondary school exchange program administered by the United States Information Agency.”. (d) Facilities at Lourdes, Cuba.— (1) Disapproval of credits.— The Congress expresses its strong disapproval of the extension by Russia of credits equivalent to $200,000,000 in support of the intelligence facility at Lourdes, Cuba, in November 1994. (2) Reduction in assistance.— Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended by adding at the end the following new subsection: “(d) Reduction in Assistance for Support of Intelligence President Facilities in Cuba.— “(1) Reduction in assistance.— Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after the date of the enactment of this subsection, for an independent state of the former Soviet Union under this Act an amount equal to the sum of assistance and credits, if any, provided on or after such date by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba. “(2) Waiver.— (A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government. “(B) At the time of a certification made with respect to Russia under subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility. “(C) The report required by subparagraph (B) may be submitted in classified form. “(D) For purposes of this paragraph, the term ‘appropriate congressional committees’ includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(3) Exceptions to reductions in assistance.— 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) technical assistance for safety upgrades of civilian nuclear power plants; “(D) the creation of private sector or nongovernmental organizations that are independent of government control; “(E) the development of a free market economic system; 110 STAT. 798 “(F) assistance under the secondary school exchange program administered by the United States Information Agency; or “(G) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103–160).”.