US Code

Public Law 119-83 (04/13/2026)

22 U.S.C. § 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 , 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 , 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 , for any country an amount equal to the sum of assistance and credits, if any, provided on or after , 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)
Public Law 103–16022 U.S.C. 5951 assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of ) [ et seq.]; or
(F)
assistance under the secondary school exchange program administered by the United States Information Agency.
(3)

“Assistance” defined

22 U.S.C. 215122 U.S.C. 27517 U.S.C. 1701As used in paragraph (1), the term “assistance” means assistance under the Foreign Assistance Act of 1961 [ et seq.], credits, sales, guarantees of extensions of credit, and other assistance under the Arms Export Control Act [ et seq.], assistance under titles I and III of the Food for Peace Act [ 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, § 111110 Stat. 800 Pub. L. 110–246, title III, § 3001(b)(1)(A)122 Stat. 1820 (, , ; , (2)(W), , , 1821.)

Editorial Notes

References in Text

Pub. L. 104–114Upon the enactment of this chapter, referred to in subsec. (a)(10), means the date of enactment of , which was approved .

Pub. L. 103–160107 Stat. 1777 section 5951 of this titleThe Cooperative Threat Reduction Act of 1993, referred to in subsec. (b)(2)(E), is title XII of div. A of , , , which is classified generally to chapter 68A (§ 5951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 87–19575 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (b)(3), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–62982 Stat. 1320 section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (b)(3), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act July 10, 1954, ch. 469 68 Stat. 454 section 1691 of Title 7The Food for Peace Act, referred to in subsec. (b)(3), is , . Titles I and III of the Act are classified generally to subchapters II (§ 1701 et seq.) and III–A (§ 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 and Tables.

Pub. L. 102–511106 Stat. 3320 section 5801 of this titleThe FREEDOM Support Act, referred to in subsec. (b)(3), is , , , 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 and Tables.

Amendments

Pub. L. 110–2462008—Subsec. (b)(3). substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Statutory Notes and Related Subsidiaries

Change of Name

section 8 of Pub. L. 108–271section 702 of Title 31General Accounting Office redesignated Government Accountability Office by , set out as a note under , Money and Finance.

Effective Date of 2008 Amendment

Pub. L. 110–246section 4(b) of Pub. L. 110–246section 8701 of Title 7Amendment by effective , see , set out as an Effective Date note under , Agriculture.

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.