PRIA, Government Policy, Made Personal

Summary

The President must create a plan to give economic help to Cuba once a transition government or a democratically elected government is in power (as decided under section 6063(c)). Any aid can only be provided if Congress authorizes it and money is available. For a transition government, help must focus on basic human needs like food, medicine, medical supplies and emergency energy, and must help the military move to an appropriate role in a democracy. The President can add other kinds of help during the transition only after certifying to the relevant congressional committees, using the reprogramming notification rules in section 634A of the Foreign Assistance Act. After a transition government takes power, people must be allowed to travel freely to visit relatives. If a democratically elected government is in power, the plan may include broader economic help beyond the basics. This can cover development aid, economic-support funds, food aid, Export-Import Bank financing, investment support from the U.S. International Development Finance Corporation, Trade and Development Agency programs, Peace Corps work, and other appropriate assistance called for by U.S. policy. The plan must say how aid will be distributed and must use U.S. government agencies and nongovernmental and private voluntary organizations, inside or outside the United States. The President must try to get other countries and international organizations to provide similar, coordinated help, must tell the Cuban people about the plan, and must send a detailed report 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 under section 6063(c)(3), the President must report to the House Ways and Means Committee, the Senate Finance Committee, and other committees about trade barriers, U.S. trade goals (including possible MFN/GSP/Caribbean Basin or NAFTA actions), proposed negotiating objectives and any needed legislation, and must consult those committees and the Trade Act advisory committees.

Title 22, §6062

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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)

(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 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)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) shall include a strategy for distributing assistance under the plan.

(d)Distribution

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)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 108(b)(5) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3317(b)(5)); 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).

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

Notes & Related Subsidiaries

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