,,ii #aafth ,,congress #b;d ,session ,s4 #dfce ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ba1 #bjbj,mr4 ,menendez 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to respond to international trafficking of ,cuban medical professionals by the ,government of ,cuba1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,combating ,trafficking of ,cuban ,doctors ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,sense of ,congress4,sec4 #d4 ,annual report and determination on international trafficking of ,cuban medical personnel4,sec4 #e4 ,reestablishing the ,cuban ,medical ,professionals ,parole program4,sec4 #f4 ,role of the ,pan ,american ,health ,organization4 #b4 ,findings ,congress makes the following findings3 7#a7 ,in #bjai1 the ,government of ,cuba maintained an estimated #cd1jjj to #ej1jjj medical personnel in more than #fj countries under conditions that represent forced labor1 according to the ,department of ,state4 7#b7 ,since the outbreak of the ,,covid-#ai pandemic in early #bjbj1 the ,government of ,cuba has deployed approximately #a1ejj medical personnel to at least #bj countries4 7#c7 ,the ,department of ,state's #bjbj ,trafficking in ,persons report ranked ,cuba in ,tier #c and included evidence regarding ,cuba's foreign medical missions and the ,government of ,cuba's longstanding failure to criminalize most forms of forced labor1 specifically noting allegations that ,cuban authorities coerced participants to remain in foreign medical missions by-- 7,a7 withholding their passports and medical credentials2 7,b7 using minders to conduct surveillance of participants outside of work2 7,c7 restricting their movement2 7,d7 retaliating against their family members in ,cuba if participants leave the program2 or 7,e7 imposing criminal penalties1 exile1 and family separation if participants do not return to ,cuba as directed by government supervisors4 7#d7 ,on ,july #bf1 #bjai1 the ,united ,states imposed visa restrictions under section #bab7;a77#c77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,c77 against certain ,cuban officials and other individuals responsible for the coercive labor practices of ,cuba's overseas medical missions4 7#e7 ,the ,united ,nations ,special ,rapporteur on contemporary forms of slavery and the ,united ,nations ,special ,rapporteur on trafficking in persons1 especially women and children1 in their letter to the ,government of ,cuba on ,november #f1 #bjai-- 7,a7 noted reports of coercive labor practices through the ,government of ,cuba's foreign medical missions2 7,b7 highlighted reports by ,cuban medical professionals that they received regular threats from ,cuban officials while working overseas1 including sexual harassment of women2 and 7,c7 expressed concern that the practices referred to in subparagraphs 7,a7 and 7,b7 constitute slavery and trafficking in persons4 7#f7 ,in ,july #bjac1 the ,cuban ,ministry of ,health signed an agreement with the ,brazilian ,ministry of ,health to formalize an arrangement for ,cuban doctors to provide medical services in ,brazil that-- 7,a7 required the administration of former ,brazilian ,president ,dilma ,rousseff to transmit a monthly payment through the ,pan ,american ,health ,organization 7referred to in this section as ,,paho7 to the ,cuban ,ministry of ,health for the medical services provided by each ,cuban doctor serving in ,brazil2 and 7,b7 prevented participating ,cuban doctors from seeking employment in ,brazil outside of the formal structure of the agreement4 7#g7 ,in implementing the agreement described in paragraph 7#f71 the ,cuban ,ministry of ,health acted through the for-profit ,cuban ,medical ,services ,trading ,corporation 7referred to in this section as ,,cms7-- 7,a7 to pay each ,cuban doctor approximately #be percent 7averaging #gij7 of the monthly payment received from ,,paho 7averaging #c1aeh72 and 7,b7 to retain approximately #ge percent of the monthly payment for each doctor received from ,,paho4 7#h7 ,between #bjac and #bjai1 according to the digital platform ,diario de ,cuba1 the ,government of ,cuba-- 7,a7 garnished the salaries of more than #bj1jjj ,cuban medical professionals who served in ,brazil under the ,mais ,mdicos program2 7,b7 frequently confiscated their passports2 and 7,c7 prohibited family members from accompanying them4 7#i7 ,cuban doctors were the only medical professionals participating in the ,mais ,mdicos program to have their salaries directly garnished by their government1 while doctors of other nationalities serving in ,brazil received the full amount of the payments made for their medical services under the program4 7#aj7 ,the ,government of ,cuba stated that ,cuban doctors unwilling to return to the country after their participation in foreign medical missions would not be permitted to return to their homeland for #h years4 7#aa7 ,in ,february #bjai1 ,brazil's ,ministry of ,health announced the termination of the ,mais ,mdicos program4 7#ab7 ,the ,government of ,cuba realized profits in excess of #f1cjj1jjj1jjj during #bjah from exporting the services of ,cuban professionals1 of which foreign medical missions represent the majority of the services and income4 7#ac7 ,countries in which similar abuses to those suffered by ,cuban medical professionals in ,brazil have been reported to have occurred include ,angola1 ,guatemala1 ,mexico1 ,qatar1 and ,venezuela4 7#ad7 ,in ,venezuela1 a group of ,cuban doctors reported in #bjai that they had been directed1 and often coerced1 to use their medical services to influence votes in favor of the ,maduro regime1 including-- 7,a7 by denying medical treatment to opposition supporters2 and 7,b7 by giving precise voting instructions to elderly patients4 7#ae7 ,the term severe forms of trafficking in persons is defined under section #ajc7aa77;,b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7aa77;,b77 as the recruitment1 harboring1 transportation1 provision1 or obtaining of a person for labor or services1 through the use of force1 fraud1 or coercion for the purpose of subjection to involuntary servitude1 peonage1 debt bondage1 or slavery4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,government of ,cuba subjects ,cuban doctors and other medical professionals to state-sponsored human trafficking2 7#b7 the ,government of ,cuba should fully compensate ,cuban medical professionals who have participated in1 or who are currently participating in foreign medical mission programs in other countries1 including ,brazil's ,mais ,mdicos program1 for the full amount of wages paid to the ,government of ,cuba2 7#c7 the ,government of ,cuba should immediately and transparently respond to requests for information from the ,united ,nations ,special ,rapporteur on contemporary forms of slavery and the ,united ,nations ,special ,rapporteur on trafficking in persons1 especially women and children2 and 7#d7 foreign governments that sign agreements with the ,government of ,cuba or the for-profit ,cuban ,medical ,services ,trading ,corporation or other companies affiliated with the ,government of ,cuba to procure the services of ,cuban medical professionals directly assume legal risks related to their participation in forced labor arrangements4 #d4 ,annual report and determination on international trafficking of ,cuban medical personnel 7a7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter until the date specified in subsection 7c71 the ,secretary of ,state shall submit a report to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that-- 7#a7 identifies the countries that are hosting ,cuban medical personnel who are participating in foreign medical missions for the ,government of ,cuba2 7#b7 to the extent feasible1 includes an estimate of-- 7,a7 the number of ,cuban medical personnel in each country2 and 7,b7 the value of the financial arrangement between the ,government of ,cuba and the host country government2 and 7#c7 describes the conditions in each country under which ,cuban medical personnel live and work4 7b7 ,determination on human trafficking ,in each report submitted pursuant to subsection 7a71 the ,secretary of ,state shall determine whether-- 7#a7 the ,cuban medical personnel in each country identified in the report are subjected to conditions that qualify as severe forms of trafficking in persons 7as defined in section #ajc7aa7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7aa7772 and 7#b7 ,cuba's foreign medical missions program constitutes proof of failure to make significant efforts to bring the ,government of ,cuba into compliance with the minimum standards for the elimination of trafficking in persons 7as determined under section #ajh of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajf774 7c7 ,sunset ,the ,secretary of ,state is not required to submit the report otherwise required under subsection 7a7 after the date on which the ,secretary submits a second consecutive annual report under such subsection that includes a determination under subsection 7b7 that ,cuban medical personnel are no longer subjected to trafficking in persons4 #e4 ,reestablishing the ,cuban ,medical ,professional ,parole program 7a7 ,in general ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 shall reinstate the ,cuban ,medical ,professional ,parole program to authorize the admission into the ,united ,states of ,cuban medical personnel conscripted to study or work in a third country under the direction of the ,government of ,cuba4 7b7 ,authority ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services may exercise its discretionary parole authority under section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a77 and subsections 7c7 and 7d7 of section #bab4e of title #h1 ,code of ,federal ,regulations1 to permit eligible ,cuban nationals to come to the ,united ,states1 including for urgent humanitarian reasons or significant public benefit4 7c7 ,eligibility criteria 7#a7 ,in general ,a ,cuban medical professional is eligible for consideration of parole under the ,cuban ,medical ,professional ,program if he or she-- 7,a7 is a ,cuban national1 citizen1 or person habitually residing in ,cuba2 7,b7 is a medical professional who1 at the time he or she seeks such parole1 is conscripted by the ,government of ,cuba to study or work in a third country2 and 7,c7 is not inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7#b7 ,admission of family members 7,a7 ,in general ,the spouse and unmarried children accompanying the primary applicant in the third country referred to in paragraph 7#a77;,b7 shall be eligible for parole under the ,cuban ,medical ,professional ,program in conjunction with an application from an individual described in paragraph 7#a74 7,b7 ,applications ,a ,cuban medical professional granted discretionary parole under section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a77 pursuant to this section may submit an application to ,u4,s4 ,citizenship and ,immigration ,services seeking admission to the ,united ,states of his or her spouse and unmarried children4 #f4 ,role of the ,pan ,american ,health ,organization 7a7 ,findings ,congress finds that the ,pan ,american ,health ,organization 7referred to in this section as ,,paho7-- 7#a7 has contributed to the health and well-being of the people in the ,western ,hemisphere for longer than a century1 with the ,united ,states serving as a member state since #aibe2 7#b7 engages in technical cooperation with its member countries-- 7,a7 to fight communicable and noncommunicable diseases and their causes2 7,b7 to strengthen health systems2 and 7,c7 to respond to emergencies and disasters2 7#c7 as of ,august #bd1 #bjbj1 had assisted dozens of countries in the ,western ,hemisphere region with their response to the ,,covid-#ai pandemic1 including-- 7,a7 the provision of #f1bjj1jjj ,,covid-#ai tests to #cf countries and territories2 7,b7 #hd shipments of personal protective equipment to #bi countries2 and 7,c7 other technical support and training to its member states2 7#d7 has commissioned a third party review of its role in the ,mais ,mdicos program2 and 7#e7 has committed to undertake reforms to strengthen its internal oversight and risk management for all future programs4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,,paho is the preeminent multilateral organization dedicated to public health issues in the ,americas2 7#b7 ,,paho-- 7,a7 has played a vital role in strengthening health systems in ,latin ,america to address the ,,covid-#ai pandemic2 and 7,b7 continues to provide essential health assistance to meet the needs of ,venezuelans affected by the ongoing humanitarian crisis in their country and displaced individuals in other countries in the region2 7#c7 the ,united ,states should continue to support ,,paho1 including through payment of assessed contributions 7in full and on time7 and voluntary contributions1 to ensure ,,paho's continued operations2 7#d7 ,,paho's role in the ,mais ,mdicos program1 as described in section #b1 was deeply concerning2 and 7#e7 ,,paho should provide greater transparency about its role in the ,mais ,mdicos program and strengthen its internal oversight and risk management4 7c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,secretary of ,health and ,human ,services shall submit a report to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that includes-- 7#a7 a review of and findings on ,,paho's role in the ,mais ,mdicos program between #bjac and #bjai2 7#b7 a summary of corrective actions to be taken by ,,paho2 and 7#c7 recommendations for further corrective actions1 as necessary4 7d7 ,accountability measures ,the ,secretary of ,state and the ,secretary of ,health and ,human ,services shall jointly-- 7#a7 take all necessary steps to ensure that ,,paho undertakes governance reforms that strengthen internal oversight and risk management for all future programs2 and 7#b7 not later than #cj days after the receipt of the results of the independent1 third-party review of ,,paho's role in the ,mais ,mdicos program1 provide a briefing to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that includes a detailed summary of such results and the progress made in ,,paho's efforts to strengthen internal oversight and risk management4