S.Amdt. 1789

SA 1789. Mr. McCONNELL (for Mr. Rubio) submitted an amendment
intended to be proposed to amendment SA 1463 proposed by Mr. McCain to
the bill H.R. 1735, to authorize appropriations for fiscal year 2016
for military activities of the Department of Defense and for military
construction, 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 D of title X, add the following:

SEC. 10__. LIMITATION OF THE TRANSFER OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE
GOVERNMENT OF CUBA.

(a) In General.--No portion of the land or water listed by
Article I of the United States-Cuba Agreements and Treaty of
1934 shall be transferred to the Government of Cuba, unless--
(1) a democratically-elected Government of Cuba and the
United States Government mutually agree to new lease terms
for such land or water;
(2) the elections of the Government of Cuba were--
(A) free and fair;
(B) conducted under internationally recognized observers;
and
(C) carried out so that opposition parties had ample time
to organize and campaign using full access media available to
every candidate;
(3) the Government of Cuba has committed itself to
constitutional change that would ensure regular free and fair
elections;
(4) the Government of Cuba has made a public commitment to
respect, and is respecting, internationally recognized human
rights and basic democratic freedoms;
(5) the President certifies to Congress that Cuba is no
longer a state sponsor of terrorism and no longer harbors
members of recognized foreign terrorist organizations; and
(6) the Secretary of Defense certifies that the United
States Naval Station, Guantanamo Bay, Cuba, is
inconsequential to United States national security or to the
operation of the Navy and the Coast Guard in the Caribbean
Sea.
(b) Continuation of Current Lease.--It shall be the policy
of the United States to continue to lease the land or
waterways that encompass the United States Naval Station,
Guantanamo Bay, Cuba, unless the criteria set out in
paragraphs (1) through (6) of subsection (a) are met.

SEC. 10__. PROHIBITION ON RELOCATION OF MILITARY EQUIPMENT
AND CAPABILITIES FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED
STATES OR OTHER COUNTRY IN THE CARIBBEAN
REGION.

(a) Limitation.--No military equipment may be moved to any
other United States military facility to complete the same
tasks conducted on, or from, the United States Naval Station,
Guantanamo Bay, Cuba, on the date of the enactment of this
Act.
(b) Preservation of Operational Capabilities.--
(1) In general.--The United States may not reduce the
operational capabilities provided by assets operating aboard,
or from, the United States Naval Station, Guantanamo Bay,
Cuba, in support of meaningful defense activity.
(2) Included capabilities.--Subsection (a) applies to--
(A) the United States Coast Guard personnel and equipment
supporting maritime operations in the vicinity of the United
States Naval Station, Guantanamo Bay, Cuba, as for the date
of the enactment of this Act; and
(B) civilian personnel who support military activities
directly or otherwise, unless Congress enacts a law agreeing
to move resources to a more suitable location which allows
for comparable defense activity in the region.

SEC. 10__. REQUIREMENT TO TEMPORARILY HOUSE MIGRANTS
INTERCEPTED IN INTERNATIONAL WATERS BETWEEN THE
UNITED STATES AND THE CARIBBEAN AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

The United States may not use appropriated funds to move
migrants intercepted in the waters between the United States
and any foreign country in the Caribbean region to a location
other than the United States Naval Station, Guantanamo Bay,
Cuba, unless--
(1) the migrant may reasonably be returned to their country
of origin; or
(2) uncontrollable circumstances do not allow for a safe
transfer of migrants to the United States Naval Station,
Guantanamo Bay, Cuba.

SEC. 10__. LIMITATION IN THE REDUCTION OF MILITARY ACTIVITY
ON OR IN THE WATERS NEAR UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.

The United States Naval Station, Guantanamo Bay, Cuba shall
continue to perform as the logistical port for the Navy and
Coast Guard operating in the Caribbean Sea at operational
levels equal to or greater than such level on the date of the
enactment of this Act, unless--
(1) the Government of Cuba displays a legitimate capacity
to interdict narcotics trafficking throughout the
international waterways surrounding Cuba;
(2) the Government of Cuba has an established maritime
authority capable of inspecting cargo and safeguarding ships
traversing the international waterways near the United States
Naval Station, Guantanamo Bay, Cuba; and
(3) the Government of Cuba displays the capacity to
interdict human traffickers operating throughout the
waterways surrounding Cuba.

SEC. 10__. LIMITATION ON MODIFICATION OR ABANDONMENT OF
LEASED LAND AND WATER CONTAINING UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) Limitation.--The United States may not modify the 45
square mile lease of land or waterways that encompass the
United States Naval Station, Guantanamo Bay, Cuba, in effect
on the date of the enactment of this Act, unless--
(1) the President notifies Congress not later than 90 days
prior to the proposed modification of such lease; and
(2) after such notification, Congress enacts a law
authorizing a modification of such lease.
(b) Retention.--The United States may not abandon any
portion of the land or water that contains the United States
Naval Station, Guantanamo Bay, Cuba, unless--
(1) the President notifies Congress not less than 90 days
prior to the proposed abandonment of such land or water; and
(2) after such notification, Congress enacts a law
authorizing such abandonment.
(c) No New Grant of Authority.--This section may not be
construed to grant the President any authority not already
provided by the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
______