22 U.S.C. § 6062 | Assistance for Cuban people

(a)

Authorization

(1)

In general

section 6063(c) of this titleThe 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 ) 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)

22 U.S.C. 2394–1 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 [], 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)

22 U.S.C. 2151 22 U.S.C. 2346 assistance under chapter 1 of part I [ et seq.] (relating to development assistance), and chapter 4 of part II [ et seq.] (relating to the economic support fund), of the Foreign Assistance Act of 1961;

(ii)

7 U.S.C. 1691 assistance under the Food for Peace Act [ 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)

section 6061 of this title other appropriate assistance to carry out the policy of .

(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

March 12, 1996Not later than 180 days after , 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

section 6063(c)(3) of this titleThe President, following the transmittal to the Congress of a determination under 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)

19 U.S.C. 2461 19 U.S.C. 2701 designation of Cuba as a beneficiary developing country under title V of the Trade Act of 1974 [ et seq.] (relating to the Generalized System of Preferences) or as a beneficiary country under the Caribbean Basin Economic Recovery Act [ 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)

19 U.S.C. 3317(b)(5)1

1 See References in Text note below.

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 ();  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

19 U.S.C. 2155The 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 [] regarding the policy and negotiating objectives and the legislative proposals described in paragraph (1).

Pub. L. 104–114, title II, § 202Mar. 12, 1996110 Stat. 806 Pub. L. 110–246, title III, § 3001(b)(1)(A)June 18, 2008122 Stat. 1820 Pub. L. 115–254, div. F, title VI, § 1470(n)Oct. 5, 2018132 Stat. 3518 (, , ; , (2)(W), , , 1821; , , .)

Editorial Notes

References in Text

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2293 of this title section 2293(d)(1) of this title section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsec. (b)(2)(B)(i), is , , . 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 , see . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act July 10, 1954, ch. 469 68 Stat. 454 section 1691 of Title 7The Food for Peace Act, referred to in subsec. (b)(2)(B)(ii), is , , 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 and Tables.

Pub. L. 104–114Mar. 12, 1996110 Stat. 785 section 6021 of this titleThis chapter, referred to in subsec. (e)(1), was in the original “this Act”, meaning , , , 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 and Tables.

Pub. L. 93–618Jan. 3, 197588 Stat. 1978 section 2101 of Title 19The Trade Act of 1974, referred to in subsec. (h)(1)(B)(ii), is , , . 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 and Tables.

Pub. L. 98–67Aug. 5, 198397 Stat. 384 section 2701 of Title 19The Caribbean Basin Economic Recovery Act, referred to in subsec. (h)(1)(B)(ii), is title II of , , , 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 and Tables.

section 108(b)(5) of Pub. L. 103–182 section 3317(b)(5) of Title 19 Pub. L. 116–113, title VI, § 601Jan. 29, 2020134 Stat. 78 July 1, 2020Section 108(b)(5) of the North American Free Trade Agreement Implementation Act, referred to in subsec. (h)(1)(C), is , which was classified to , Customs Duties, prior to repeal by , , , effective on the date the USMCA entered into force ().

Amendments

Pub. L. 115–2542018—Subsec. (b)(2)(B)(iv). substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation”.

Pub. L. 110–2462008—Subsec. (b)(2)(B)(ii). substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 2008 Amendment

Pub. L. 110–246May 22, 2008section 4(b) of Pub. L. 110–246 section 8701 of Title 7Amendment by effective , see , set out as an Effective Date note under , Agriculture.