Page 1255 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6063

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) 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.)

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, 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 Agricultural Trade Development and Assistance

Act of 1954, referred to in subsec. (b)(2)(B)(ii), is act

July 10, 1954, ch. 469, 68 Stat. 454, as amended, 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, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6063 of this title.

§ 6063. Coordination of assistance program; implementation and reports to Congress; reprogramming

(a) Coordinating official

The President shall designate a coordinating

official who shall be responsible for—

(1) implementing the strategy for distributing assistance described in section 6062(b) of

this title;

(2) ensuring the speedy and efficient distribution of such assistance; and

(3) ensuring coordination among, and appropriate oversight by, the agencies of the United

States that provide assistance described in

section 6062(b) of this title, including resolving

any disputes among such agencies.

(b) United States-Cuba council

Upon making a determination under subsection (c)(3) of this section that a democratically elected government in Cuba is in power,

the President, after consultation with the coordinating official, is authorized to designate a

United States-Cuba council—

(1) to ensure coordination between the

United States Government and the private

sector in responding to change in Cuba, and in

promoting market-based development in Cuba;

and

(2) to establish periodic meetings between

representatives of the United States and

Cuban private sectors for the purpose of facilitating bilateral trade.

(c) Implementation of plan; reports to Congress

(1) Implementation with respect to transition

government

Upon making a determination that a transition government in Cuba is in power, the

President shall transmit that determination

to the appropriate congressional committees

and shall, subject to an authorization of appropriations and subject to the availability of

appropriations, commence the delivery and

distribution of assistance to such transition

government under the plan developed under

section 6062(b) of this title.

(2) Reports to Congress

(A) The President shall transmit to the appropriate congressional committees a report

setting forth the strategy for providing assistance described in section 6062(b)(2)(A) and (C)

of this title to the transition government in

Cuba under the plan of assistance developed

under section 6062(b) of this title, the types of

such assistance, and the extent to which such

assistance has been distributed in accordance

with the plan.

(B) The President shall transmit the report

not later than 90 days after making the determination referred to in paragraph (1), except

that the President shall transmit the report in

preliminary form not later than 15 days after

making that determination.

(3) Implementation with respect to democratically elected government

The President shall, upon determining that

a democratically elected government in Cuba

is in power, submit that determination to the
§ 6064 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1256

appropriate congressional committees and

shall, subject to an authorization of appropriations and subject to the availability of appropriations, commence the delivery and distribution of assistance to such democratically

elected government under the plan developed

under section 6062(b) of this title.

(4) Annual reports to Congress

Not later than 60 days after the end of each

fiscal year, the President shall transmit to the

appropriate congressional committees a report

on the assistance provided under the plan developed under section 6062(b) of this title, including a description of each type of assistance, the amounts expended for such assistance, and a description of the assistance to be

provided under the plan in the current fiscal

year.

(d) Reprogramming

Any changes in the assistance to be provided

under the plan developed under section 6062(b) of

this title may not be made unless the President

notifies the appropriate congressional committees at least 15 days in advance in accordance

with the procedures applicable to reprogramming notifications under section 2394–1 of this

title.

(Pub. L. 104–114, title II, §203, Mar. 12, 1996, 110

Stat. 809.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6033, 6034, 6035,

6037, 6038, 6062, 6064, 6082 of this title.

§ 6064. Termination of economic embargo of

Cuba

(a) Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(1) of this title that a transition government in Cuba is in power, the President,

after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action

created in section 6082 of this title with respect

to actions thereafter filed against the Cuban

Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.

(b) Suspension of certain provisions of law

In carrying out subsection (a) of this section,

the President may suspend the enforcement of—

(1) section 2370(a) of this title;

(2) section 2370(f) of this title with respect to

the ‘‘Republic of Cuba’’;

(3) sections 6003, 6004(d), and 6005 of this

title;

(4) section 902(c) of the Food Security Act of

1985; and

(5) the prohibitions on transactions described in part 515 of title 31, Code of Federal

Regulations.

(c) Additional Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(3) of this title that a democratically

elected government in Cuba is in power, the

President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal

Regulations.

(d) Conforming amendments

On the date on which the President submits a

determination under section 6063(c)(3) of this

title—

(1) section 2370(a) of this title is repealed;

(2) section 2370(f) of this title is amended by

striking ‘‘Republic of Cuba’’;

(3) sections 6003, 6004(d), and 6005 of this title

are repealed; and

(4) section 902(c) of the Food Security Act of

1985 is repealed.

(e) Review of suspension of economic embargo

(1) Review

If the President takes action under subsection (a) of this section to suspend the economic embargo of Cuba, the President shall

immediately so notify the Congress. The

President shall report to the Congress no less

frequently than every 6 months thereafter,

until he submits a determination under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power,

on the progress being made by Cuba toward

the establishment of such a democratically

elected government. The action of the President under subsection (a) of this section shall

cease to be effective upon the enactment of a

joint resolution described in paragraph (2).

(2) Joint resolutions

For purposes of this subsection, the term

‘‘joint resolution’’ means only a joint resolution of the 2 Houses of Congress, the matter

after the resolving clause of which is as follows: ‘‘That the Congress disapproves the action of the President under section 204(a) of

the Cuban Liberty and Democratic Solidarity

(LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was

submitted to the Congress on ll.’’, with the

blank space being filled with the appropriate

date.

(3) Referral to committees

Joint resolutions introduced in the House of

Representatives shall be referred to the Committee on International Relations and joint

resolutions introduced in the Senate shall be

referred to the Committee on Foreign Relations.

(4) Procedures

(A) Any joint resolution shall be considered

in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control

Act of 1976.

(B) For the purpose of expediting the consideration and enactment of joint resolutions, a

motion to proceed to the consideration of any

joint resolution after it has been reported by

the appropriate committee shall be treated as

highly privileged in the House of Representatives.

(C) Not more than 1 joint resolution may be

considered in the House of Representatives