22 U.S.C. § 6062 — Assistance for Cuban people
submitted 30 years ago by Pub. L. 104-114 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,064 words · no verdicts yet
The President must prepare plans for economic assistance to Cuba when a transition or democratically elected government is in power. The section lists permitted assistance, distribution channels, international coordination, communications, and reports.
(a) Authorization. (1) The President must develop a plan for economic assistance when the President determines that a transition or democratically elected Cuban government* is in power. (2) Assistance depends on an appropriation authorization and available appropriations. (b) Plan. (1) The plan must cover Cuba under each type of government. (2) Assistance may include: (A) during a transition government, (i) only basic food, medicine, medical supplies and equipment, emergency-energy help, and assistance under (C), unless (ii) the President certifies to the appropriate congressional committees* that additional help is essential to completing the democratic transition; and (iii) once a transition government is in power, individuals must be allowed to travel without restrictions to visit relatives. (B) For an elected government, additional economic help may include development and economic-support assistance under the Foreign Assistance Act, Food for Peace assistance, Export-Import Bank financing and guarantees, United States International Development Finance Corporation investment support, Trade and Development Agency assistance, Peace Corps programs, and other appropriate help carrying out section 6061. (C) Both governments must receive help preparing Cuban military forces for an appropriate democratic role. (c) The plan must include a distribution strategy. (d) Assistance must be provided through United States Government organizations and nongovernmental, private, or voluntary organizations inside or outside the United States, including humanitarian, educational, labor, and private-sector organizations. (e) The President must seek comparable assistance from other countries, international financial institutions*, and multilateral organizations and coordinate the programs. (f) The President must communicate the plan to the Cuban people. (g) Within 180 days after March 12, 1996, the President must send the appropriate committees a detailed report on the plan. (h) After determining that an elected government is in power, the President must report to the specified congressional committees on barriers to United States trade and investment, United States trade-policy goals and reasons, including possible most-favored-nation treatment, preference-program designations and their implications, and free-trade negotiations including NAFTA accession; specific negotiating objectives; and proposed actions or legislation. The President must consult the specified committees and seek advice from the Trade Act advisory committees.
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.
Assistance may be provided under this section subject to an authorization of appropriations and subject to the availability of appropriations.
The President shall develop a plan for providing assistance under this section—
to Cuba when a transition government in Cuba* is in power; and
to Cuba when a democratically elected government in Cuba is in power.
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:
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—
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
assistance described in subparagraph (C).
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.
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.
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—
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;
assistance under the Food for Peace Act [7 U.S.C. 1691 et seq.];
financing, guarantees, and other forms of assistance provided by the Export-Import Bank of the United States;
financial support provided by the United States International Development Finance Corporation for investment projects in Cuba;
assistance provided by the Trade and Development Agency;
Peace Corps programs; and
other appropriate assistance to carry out the policy of section 6061 of this title.
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.
The plan developed under subsection (b) shall include a strategy for distributing assistance under the plan.
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.
The President shall take the necessary steps—
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
to work with such countries, institutions, and organizations to coordinate all such assistance programs.
The President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section.
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.
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—
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;
policy objectives of the United States regarding trade relations with a democratically elected government in Cuba, and the reasons therefor, including possible—
reciprocal extension of nondiscriminatory trade treatment (most-favored-nation treatment);
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
negotiations regarding free trade, including the accession of Cuba to the North American Free Trade Agreement;
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
actions proposed or anticipated to be undertaken, and any proposed legislation necessary or appropriate, to achieve any of such policy and negotiating objectives.
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).
Source credit: (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.)
- 1996Enacted · Pub. L. 104-114 · 110 Stat. 806
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1820, 1821
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3518
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-114 on 1996-03-12.
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