§ 6062. Assistance for Cuban people

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(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 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)); 1 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, § 202, Mar. 12, 1996, 110 Stat. 806; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(W), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 115–254, div. F, title VI, § 1470(n), Oct. 5, 2018, 132 Stat. 3518.)

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