S.Amdt. 1936

SA 1936. 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, 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 D of title X, add the following:

SEC. 1040. 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 not
advantageous 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. 1040A. 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.).
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