2014 US Code
Title 22 - Foreign Relations and Intercourse (Sections 1 - 9141)
Chapter 69A - Cuban Liberty and Democratic Solidarity (Libertad) (Sections 6021 - 6091)
Subchapter II - Assistance to Free and Independent Cuba (Sections 6061 - 6067)
Sec. 6062 - Assistance for Cuban people
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA Sec. 6062 - Assistance for Cuban people |
Contains | section 6062 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
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. |
Statutes at Large References | 68 Stat. 454 75 Stat. 424 88 Stat. 1978 97 Stat. 384 110 Stat. 806, 785 122 Stat. 1820 |
Public and Private Laws | Public Law 87-195, Public Law 93-618, Public Law 98-67, Public Law 104-114, Public Law 110-246 |
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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 lawsAssistance 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 planThe 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 assistanceAssistance 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 governmentAssistance 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 Overseas Private Investment 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 assistanceAssistance 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 distributionThe plan developed under subsection (b) shall include a strategy for distributing assistance under the plan.
(d) DistributionAssistance 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 effortsThe 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 peopleThe President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section.
(g) Report to CongressNot 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 CongressThe 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 3317(b)(5) of title 19; 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) ConsultationThe 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.)
REFERENCES IN TEXTThe Foreign Assistance Act of 1961, referred to in subsec. (b)(2)(B)(i), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. 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, as amended. 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.
AMENDMENTS2008—Subsec. (b)(2)(B)(ii). Pub. L. 110–246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954".
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.
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