I 

114TH CONGRESS 

2D SESSION H. R. 4678 

To prohibit modification, abrogation, abandonment, or other related actions 

with respect to United States jurisdiction and control over United States 

Naval Station, Guantanamo Bay, Cuba, without congressional action. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2016 

Mr. ROYCE (for himself, Mr. YOHO, Ms. ROS-LEHTINEN, Mr. DUNCAN of 

South Carolina, and Mr. SALMON) introduced the following bill; which 

was referred to the Committee on Foreign Affairs 

A BILL 

To prohibit modification, abrogation, abandonment, or other 

related actions with respect to United States jurisdiction 

and control over United States Naval Station, Guantanamo Bay, Cuba, without congressional action. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Naval 

5 Station Guantanamo Bay Preservation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) United States Naval Station, Guantanamo 

2 Bay, Cuba, has been a strategic military asset crit3 ical to the defense of the United States and the 

4 maintenance of regional security for more than a 

5 century. 

6 (2) The United States continues to exercise 

7 control over the area of United States Naval Sta8 tion, Guantanamo Bay, Cuba, pursuant to the 

9 Guantanamo Lease Agreements, which were initi10 ated and concluded pursuant to an Act of Congress. 

11 (3) Senior United States military leaders have 

12 consistently voiced strong support for maintaining 

13 United States Naval Station, Guantanamo Bay, 

14 Cuba, noting its strategic value for military basing 

15 and logistics, disaster relief, humanitarian work, ter16 rorist detention, and counter-narcotics purposes. 

17 (4) On February 29, 2016, Secretary of De18 fense Ashton B. Carter, discussing United States 

19 Naval Station, Guantanamo Bay, Cuba, stated that 

20 ‘‘it’s a strategic location, we’ve had it for a long 

21 time, it’s important to us and we intend to hold onto 

22 it’’. 

23 (5) On March 12, 2015, Commander of United 

24 States Southern Command, General John Kelly, tes25 tified that the United States facilities at Naval StaVerDate Sep 11 2014 23:34 Mar 03, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4678.IH H4678

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1 tion Guantanamo Bay ‘‘are indispensable to the De2 partments of Defense, Homeland Security, and 

3 State’s operational and contingency plans. . . . As 

4 the only permanent U.S. military base in Latin 

5 America and the Caribbean, its location provides 

6 persistent U.S. presence and immediate access to the 

7 region, as well as supporting a layered defense to se8 cure the air and maritime approaches to the United 

9 States’’. 

10 (6) In testimony before Congress in 2012, then11 Commander of United States Southern Command, 

12 General Douglas Fraser, stated that ‘‘the strategic 

13 capability provided by U.S. Naval Station Guanta14 namo Bay remains essential for executing national 

15 priorities throughout the Caribbean, Latin America, 

16 and South America’’. 

17 (7) Following a 1991 coup in Haiti that 

18 prompted a mass exodus of people by boat, United 

19 States Naval Station, Guantanamo Bay, Cuba, pro20 vided a location for temporary housing and the or21 derly adjudication of asylum claims outside of the 

22 continental United States. 

23 (8) In 2010, United States Naval Station, 

24 Guantanamo Bay, Cuba, was a critical hub for the 


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1 provision of humanitarian disaster relief following 

2 the devastating earthquakes in Haiti. 

3 (9) The United States presence at United 

4 States Naval Station, Guantanamo Bay, Cuba, has 

5 its origins in Acts of Congress undertaken pursuant 

6 to the powers of Congress expressly enumerated in 

7 the Constitution of the United States. 

8 (10) By joint resolution approved on April 20, 

9 1898, Congress ‘‘directed and empowered’’ the 

10 President ‘‘to use the entire land and naval forces 

11 of the United States’’ as necessary to ensure that 

12 the Government of Spain ‘‘relinquish its authority 

13 and government in the island of Cuba, and withdraw 

14 its land and naval forces from Cuba and Cuban 

15 waters’’. 

16 (11) Congress declared war against Spain on 

17 April 25, 1898, which lasted until December 10, 

18 1898, when the United States and Spain signed the 

19 Treaty of Paris, in which Spain relinquished all 

20 claims of sovereignty over Cuba, and United States 

21 governance of Cuba was established. 

22 (12) Nearly three years later, in the Act of 

23 March 2, 1901 (Chapter 803; 31 Stat. 898), Con24 gress granted the President the authority to return 

25 ‘‘the government and control of the island of Cuba 


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1 to its people’’ subject to several express conditions 

2 including, in article VII of the Act of March 2, 

3 1901, the sale or lease by Cuba to the United States 

4 of lands necessary for naval stations. 

5 (13) Pursuant to the authority granted by arti6 cle VII of the Act of March 2, 1901, the United 

7 States negotiated the Guantanamo Lease Agree8 ments, which specified the area of, and United 

9 States jurisdiction and control over, what became 

10 United States Naval Station, Guantanamo Bay, 

11 Cuba. 

12 (14) On October 2, 1903, when approving the 

13 Lease to the United States by the Government of 

14 Cuba of Certain Areas of Land and Water for Naval 

15 or Coaling Stations, signed in Havana on July 2, 

16 1903, President Theodore Roosevelt cited the Act of 

17 March 2, 1901, as providing his authority to do so: 

18 ‘‘I, Theodore Roosevelt, President of the United 

19 States of America, having seen and considered the 

20 foregoing lease, do hereby approve the same, by vir21 tue of the authority conferred by the seventh of the 

22 provisions defining the relations which are to exist 

23 between the United States and Cuba, contained in 

24 the Act of Congress approved March 2, 1901, enti25 tled ‘An Act making appropriation for the support 


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1 of the Army for the fiscal year ending June 30, 

2 1902.’ ’’. 

3 (15) Obtaining United States naval station 

4 rights in Cuba was an express condition of the au5 thority that Congress gave the President to return 

6 control and governance of Cuba to the people of 

7 Cuba. In exercising that authority and concluding 

8 the Guantanamo Lease Agreements, President Theo9 dore Roosevelt recognized the source of that author10 ity as the Act of March 2, 1901. 

11 (16) The Treaty of Relations between the 

12 United States of America and the Republic of Cuba, 

13 signed at Washington, May 29, 1934, did not super14 sede, abrogate, or modify the Guantanamo Lease 

15 Agreements, but noted that the stipulations of those 

16 agreements ‘‘shall continue in effect’’ until the 

17 United States and Cuba agree to modify them. 

18 (17) The Constitution of the United States ex19 pressly grants to Congress the power to provide for 

20 the common defense of the United States, the power 

21 to provide and maintain a Navy, and the power ‘‘to 

22 dispose of and make all needful Rules and Regula23 tions respecting the Territory or other Property be24 longing to the United States’’. 


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1 SEC. 3. PROHIBITION ON MODIFICATION, ABROGATION, OR 

2 OTHER RELATED ACTIONS WITH RESPECT TO 

3 UNITED STATES JURISDICTION AND CON4 TROL OVER UNITED STATES NAVAL STATION, 

5 GUANTANAMO BAY, CUBA, WITHOUT CON6 GRESSIONAL ACTION. 

7 No action may be taken to modify, abrogate, or re8 place the stipulations, agreements, and commitments con9 tained in the Guantanamo Lease Agreements, or to impair 

10 or abandon the jurisdiction and control of the United 

11 States over United States Naval Station, Guantanamo 

12 Bay, Cuba, unless specifically authorized or otherwise pro13 vided by— 

14 (1) a statute that is enacted on or after the 

15 date of the enactment of this Act; 

16 (2) a treaty that is ratified with the advice and 

17 consent of the Senate on or after the date of the en18 actment of this Act; or 

19 (3) a modification of the Treaty Between the 

20 United States of America and Cuba signed at Wash21 ington, DC, on May 29, 1934, that is ratified with 

22 the advice and consent of the Senate on or after the 

23 date of the enactment of this Act. 

24 SEC. 4. GUANTANAMO LEASE AGREEMENTS DEFINED. 

25 In this Act, the term ‘‘Guantanamo Lease Agree26 ments’’ means— 


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1 (1) the Agreement Between the United States 

2 of America and the Republic of Cuba for the Lease 

3 to the United States of Lands in Cuba for coaling 

4 and naval stations, signed by the President of the 

5 United States on February 23, 1903; and 

6 (2) the Lease to the United States by the Gov7 ernment of Cuba of Certain Areas of Land and 

8 Water for Naval or Coaling Stations, signed by the 

9 President of the United States on October 2, 1903. 

Æ 


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