
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6041]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
     CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
 
 SUBCHAPTER I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT
 
Sec. 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 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 that he would 
    unleash another perilous mass migration from Cuba upon the enactment 
    of this chapter.
        (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 March 12, 1996, for 
    any country an amount equal to the sum of assistance and credits, if 
    any, provided on or after March 12, 1996, 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) 
        [22 U.S.C. 5951 et seq.]; or
            (F) assistance under the secondary school exchange program 
        administered by the United States Information Agency.

                     (3) ``Assistance'' defined

        As used in paragraph (1), the term ``assistance'' means 
    assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 
    et seq.], credits, sales, guarantees of extensions of credit, and 
    other assistance under the Arms Export Control Act [22 U.S.C. 2751 
    et seq.], assistance under titles I and III of the Agricultural 
    Trade Development and Assistance Act of 1954 [7 U.S.C. 1701 et seq., 
    1727 et seq.], 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.

(Pub. L. 104-114, title I, Sec. 111, Mar. 12, 1996, 110 Stat. 800.)

                       References in Text

    Upon the enactment of this chapter, referred to in subsec. (a)(10), 
means the date of enactment of Pub. L. 104-114, which was approved Mar. 
12, 1996.
    The Cooperative Threat Reduction Act of 1993, referred to in subsec. 
(b)(2)(E), is title XII of div. A of Pub. L. 103-160, Nov. 30, 1993, 107 
Stat. 1777, which is classified generally to chapter 68A (Sec. 5951 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 5951 of this title and 
Tables.
    The Foreign Assistance Act of 1961, referred to in subsec. (b)(3), 
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to chapter 32 (Sec. 2151 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2151 of this title and Tables.
    The Arms Export Control Act, referred to in subsec. (b)(3), is Pub. 
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 2751 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2751 of this title and Tables.
    The Agricultural Trade Development and Assistance Act of 1954, 
referred to in subsec. (b)(3), is act July 10, 1954, ch. 469, 68 Stat. 
454, as amended. Titles I and III of the Act are classified generally to 
subchapters II (Sec. 1701 et seq.) and III-A (Sec. 1727 et seq.), 
respectively, of chapter 41 of Title 7, Agriculture. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1691 of Title 7 and Tables.
    The FREEDOM Support Act, referred to in subsec. (b)(3), is Pub. L. 
102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known as the 
Freedom for Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992. For complete classification of this Act to the 
Code, see Short Title note set out under section 5801 of this title and 
Tables.

                          Transfer of Functions

    United States Information Agency (other than Broadcasting Board of 
Governors and International Broadcasting Bureau) abolished and functions 
transferred to Secretary of State, see sections 6531 and 6532 of this 
title.
