§6062 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must create a plan to give economic help to Cuba once either a transition government or a democratically elected government is in power. Any help can only be given if Congress authorizes it and money is available. Help during a transition is limited to food, medicine, medical supplies and equipment, and emergency energy needed to meet basic human needs, plus help to prepare the Cuban military for a proper role in a democracy. The President can provide more than that only after certifying to the appropriate congressional committees under the reprogramming rules in section 634A of the Foreign Assistance Act of 1961. After a transition government is in power, people must be free to travel to visit relatives without restrictions. The plan must describe how aid will be distributed and say that aid will be delivered through U.S. government agencies and nongovernmental, private, and voluntary organizations at home and abroad. The President must also seek help and coordination from other countries and international institutions and must tell the Cuban people about the plan. A report describing the plan must be sent to the appropriate congressional committees no later than 180 days after March 12, 1996. After the President determines a democratically elected government is in power and tells Congress, the President must send a report to the House Ways and Means Committee, the Senate Finance Committee, and other congressional committees about trade barriers, U.S. trade policy goals for Cuba, and specific negotiating objectives and actions or laws needed. That report should discuss options such as most-favored-nation treatment, benefits under title V of the Trade Act of 1974 or the Caribbean Basin Economic Recovery Act, and talks about NAFTA. The President must consult those committees and the advisory committees under section 135 of the Trade Act of 1974.

Title 22, §6062

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)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)Assistance may be provided under this section subject to an authorization of appropriations and subject to the availability of appropriations.

(b)(1)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)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)(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)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 Food for Peace Act [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 United States International Development Finance 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)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)The plan developed under subsection (b) shall include a strategy for distributing assistance under the plan.

(d)Assistance under the plan developed under subsection (b) 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)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)The President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section.

(g)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)(1)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 108(b)(5) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3317(b)(5)); 11 See References in Text note below. 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)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).

Notes & Related Subsidiaries

Editorial Notes

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. Chapter 1 of part I and chapter 4 of part II of the Act are classified generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 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

note set out under section 2151 of this title and Tables. The Food for Peace Act, referred to in subsec. (b)(2)(B)(ii), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) 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. This chapter, referred to in subsec. (e)(1), was in the original “this Act”, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 6021 of this title and Tables. The Trade Act of 1974, referred to in subsec. (h)(1)(B)(ii), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title V of the Act is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables. The Caribbean Basin Economic Recovery Act, referred to in subsec. (h)(1)(B)(ii), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of Title 19. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of Title 19 and Tables. section 108(b)(5) of the North American Free Trade Agreement Implementation Act, referred to in subsec. (h)(1)(C), is section 108(b)(5) of Pub. L. 103–182, which was classified to section 3317(b)(5) of Title 19, Customs Duties, prior to repeal by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

Amendments

2018—Subsec. (b)(2)(B)(iv). Pub. L. 115–254 substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation”. 2008—Subsec. (b)(2)(B)(ii). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture.

§6062 Assistance for Cuban people

Summary

Title 22, §6062

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