[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6062]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
SUBCHAPTER II--ASSISTANCE TO FREE AND INDEPENDENT CUBA
Sec. 6062. Assistance for Cuban people
(a) Authorization
(1) In general
The President shall develop a plan for providing economic
assistance to Cuba at such time as the President determines that a
transition government or a democratically elected government in Cuba
(as determined under section 6063(c) of this title) is in power.
(2) Effect on other laws
Assistance may be provided under this section subject to an
authorization of appropriations and subject to the availability of
appropriations.
(b) Plan for assistance
(1) Development of plan
The President shall develop a plan for providing assistance
under this section--
(A) to Cuba when a transition government in Cuba is in
power; and
(B) to Cuba when a democratically elected government in Cuba
is in power.
(2) Types of assistance
Assistance under the plan developed under paragraph (1) may,
subject to an authorization of appropriations and subject to the
availability of appropriations, include the following:
(A) Transition government
(i) Except as provided in clause (ii), assistance to Cuba
under a transition government shall, subject to an authorization
of appropriations and subject to the availability of
appropriations, be limited to--
(I) such food, medicine, medical supplies and equipment,
and assistance to meet emergency energy needs, as is
necessary to meet the basic human needs of the Cuban people;
and
(II) assistance described in subparagraph (C).
(ii) Assistance in addition to assistance under clause (i)
may be provided, but only after the President certifies to the
appropriate congressional committees, in accordance with
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 [22 U.S.C.
2394-1], that such assistance is essential to the successful
completion of the transition to democracy.
(iii) Only after a transition government in Cuba is in
power, freedom of individuals to travel to visit their relatives
without any restrictions shall be permitted.
(B) Democratically elected government
Assistance to a democratically elected government in Cuba
may, subject to an authorization of appropriations and subject
to the availability of appropriations, consist of economic
assistance in addition to assistance available under
subparagraph (A), together with assistance described in
subparagraph (C). Such economic assistance may include--
(i) assistance under chapter 1 of part I [22 U.S.C. 2151
et seq.] (relating to development assistance), and chapter 4
of part II [22 U.S.C. 2346 et seq.] (relating to the
economic support fund), of the Foreign Assistance Act of
1961;
(ii) assistance under the Agricultural Trade Development
and Assistance Act of 1954 [7 U.S.C. 1691 et seq.];
(iii) financing, guarantees, and other forms of
assistance provided by the Export-Import Bank of the United
States;
(iv) financial support provided by the Overseas Private
Investment Corporation for investment projects in Cuba;
(v) assistance provided by the Trade and Development
Agency;
(vi) Peace Corps programs; and
(vii) other appropriate assistance to carry out the
policy of section 6061 of this title.
(C) Military adjustment assistance
Assistance to a transition government in Cuba and to a
democratically elected government in Cuba shall also include
assistance in preparing the Cuban military forces to adjust to
an appropriate role in a democracy.
(c) Strategy for distribution
The plan developed under subsection (b) of this section shall
include a strategy for distributing assistance under the plan.
(d) Distribution
Assistance under the plan developed under subsection (b) of this
section shall be provided through United States Government organizations
and nongovernmental organizations and private and voluntary
organizations, whether within or outside the United States, including
humanitarian, educational, labor, and private sector organizations.
(e) International efforts
The President shall take the necessary steps--
(1) to seek to obtain the agreement of other countries and of
international financial institutions and multilateral organizations
to provide to a transition government in Cuba, and to a
democratically elected government in Cuba, assistance comparable to
that provided by the United States under this chapter; and
(2) to work with such countries, institutions, and organizations
to coordinate all such assistance programs.
(f) Communication with Cuban people
The President shall take the necessary steps to communicate to the
Cuban people the plan for assistance developed under this section.
(g) Report to Congress
Not later than 180 days after March 12, 1996, the President shall
transmit to the appropriate congressional committees a report describing
in detail the plan developed under this section.
(h) Report on trade and investment relations
(1) Report to Congress
The President, following the transmittal to the Congress of a
determination under section 6063(c)(3) of this title that a
democratically elected government in Cuba is in power, shall submit
to the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate and the appropriate
congressional committees a report that describes--
(A) acts, policies, and practices which constitute
significant barriers to, or distortions of, United States trade
in goods or services or foreign direct investment with respect
to Cuba;
(B) policy objectives of the United States regarding trade
relations with a democratically elected government in Cuba, and
the reasons therefor, including possible--
(i) reciprocal extension of nondiscriminatory trade
treatment (most-favored-nation treatment);
(ii) designation of Cuba as a beneficiary developing
country under title V of the Trade Act of 1974 [19 U.S.C.
2461 et seq.] (relating to the Generalized System of
Preferences) or as a beneficiary country under the Caribbean
Basin Economic Recovery Act [19 U.S.C. 2701 et seq.], and
the implications of such designation with respect to trade
with any other country that is such a beneficiary developing
country or beneficiary country or is a party to the North
American Free Trade Agreement; and
(iii) negotiations regarding free trade, including the
accession of Cuba to the North American Free Trade
Agreement;
(C) specific trade negotiating objectives of the United
States with respect to Cuba, including the objectives described
in section 3317(b)(5) of title 19; and
(D) actions proposed or anticipated to be undertaken, and
any proposed legislation necessary or appropriate, to achieve
any of such policy and negotiating objectives.
(2) Consultation
The President shall consult with the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate and the appropriate congressional committees and shall seek
advice from the appropriate advisory committees established under
section 135 of the Trade Act of 1974 [19 U.S.C. 2155] regarding the
policy and negotiating objectives and the legislative proposals
described in paragraph (1).
(Pub. L. 104-114, title II, Sec. 202, Mar. 12, 1996, 110 Stat. 806.)
References in Text
The Foreign Assistance Act of 1961, referred to in subsec.
(b)(2)(B)(i), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended. Chapter 1 of part I and chapter 4 of part II of the Act are
classified generally to part I (Sec. 2151 et seq.) of subchapter I and
part IV (Sec. 2346 et seq.) of subchapter II, respectively, of chapter
32 of this title. For provisions deeming references to part I of
subchapter I to include a reference to section 2293 of this title, see
section 2293(d)(1) of this title. For complete classification of this
Act to the Code, see Short Title n
