II 

109TH CONGRESS 

2D SESSION S. 3769 

To encourage multilateral cooperation and authorize a program of assistance 

to facilitate a peaceful transition in Cuba, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2006 

Mr. ENSIGN (for himself, Mr. NELSON of Florida, Mr. COLEMAN, Mr. 

LIEBERMAN, Mr. SANTORUM, and Mr. FRIST) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To encourage multilateral cooperation and authorize a program of assistance to facilitate a peaceful transition in 

Cuba, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cuba Transition Act 

5 of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Cuban people are seeking change in 

9 their country, including through the 1998 AgreeVerDate Aug 31 2005 04:11 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3769.IS S3769

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1 ment for Democracy, independent journalist activity, 

2 and other civil society initiatives. 

3 (2) Civil society groups and independent, self4 employed Cuban citizens will be essential to the con5 solidation of a genuine and effective transition to de6 mocracy from an authoritarian, communist govern7 ment in Cuba, and therefore merit increased inter8 national assistance. 

9 (3) The people of the United States support a 

10 policy of proactively helping the Cuban people to es11 tablish a democratic system of government, includ12 ing supporting Cuban citizen efforts to prepare for 

13 transition to a better and more prosperous future. 

14 (4) The Inter-American Democratic Charter 

15 adopted by the General Assembly of the Organiza16 tion of American States (OAS) provides both guid17 ance and mechanisms for response by OAS members 

18 to the governmental transition in Cuba and that 

19 country’s eventual reintegration into the inter-Amer20 ican system. 

21 (5) United States Government support of pro22 democracy elements in Cuba and planning for the 

23 transition in Cuba is essential for the identification 

24 of resources and mechanisms that can be made 


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1 available immediately in response to profound polit2 ical and economic changes on the island. 

3 (6) Consultations with democratic development 

4 institutions and international development agencies 

5 regarding Cuba are a critical element in the prepa6 ration of an effective multilateral response to the 

7 transition in Cuba. 

8 SEC. 3. PURPOSES. 

9 The purposes of this Act are as follows: 

10 (1) To support multilateral efforts by the coun11 tries of the Western Hemisphere in planning for a 

12 transition of the government in Cuba and the return 

13 of that country to the Western Hemisphere commu14 nity of democracies. 

15 (2) To encourage the development of an inter16 national group to coordinate multilateral planning to 

17 a transition of the government in Cuba. 

18 (3) To authorize funding for programs to assist 

19 the Cuban people and independent nongovernmental 

20 organizations in Cuba in preparing the groundwork 

21 for a peaceful transition of government in Cuba. 

22 (4) To provide the President with funding to 

23 implement assistance programs essential to the de24 velopment of a democratic government in Cuba. 


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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) DEMOCRATICALLY ELECTED GOVERNMENT

4 IN CUBA.—The term ‘‘democratically elected govern5 ment in Cuba’’ has the meaning given the term in 

6 section 4 of the Cuban Liberty and Democratic Soli7 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6023). 

8 (2) TRANSITION GOVERNMENT IN CUBA.—The 

9 term ‘‘transition government in Cuba’’ has the 

10 meaning given the term in section 4 of the Cuban 

11 Liberty and Democratic Solidarity (LIBERTAD) 

12 Act of 1996 (22 U.S.C. 6023). 

13 SEC. 5. MULTILATERAL INITIATIVES RELATED TO CUBA. 

14 The Secretary of State is authorized to designate 

15 such sums as may be necessary of total amounts made 

16 available for contributions to international organizations 

17 to be provided to the Organization of American States 

18 for— 

19 (1) Inter-American Commission on Human 

20 Rights activities relating to the situation of human 

21 rights in Cuba; and 

22 (2) the funding of an OAS emergency fund for 

23 the deployment of human rights observers, election 

24 support, and election observation in Cuba as de25 scribed in section 109(b) of the Cuban Liberty and 


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1 Democratic Solidarity (LIBERTAD) Act of 1996 

2 (22 U.S.C. 6039(b)(1)). 

3 SEC. 6. SENSE OF CONGRESS. 

4 (a) SENSE OF CONGRESS REGARDING CONSULTA5 TION WITH WESTERN HEMISPHERE.—It is the sense of 

6 Congress that the President should begin consultation, as 

7 appropriate, with governments of other Western Hemi8 sphere countries regarding a transition in Cuba. 

9 (b) SENSE OF CONGRESS REGARDING OTHER CON10 SULTATIONS.—It is the sense of Congress that the Presi11 dent should begin consultations with appropriate inter12 national partners and governments regarding a multilat13 eral diplomatic and financial support program for re14 sponse to a transition in Cuba. 

15 SEC. 7. ASSISTANCE PROVIDED TO THE CUBAN PEOPLE IN 

16 PREPARATION FOR A TRANSITION IN CUBA. 

17 (a) AUTHORIZATION.—Notwithstanding any other 

18 provision of law other than section 634A of the Foreign 

19 Assistance Act of 1961 (22 U.S.C. 2394–1) and com20 parable notification requirements contained in any Act 

21 making appropriations for foreign operations, export fi22 nancing, and related programs, the President is author23 ized to furnish such sums as may be necessary in assist24 ance and provide other support for individuals and indeVerDate Aug 31 2005 04:11 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3769.IS S3769

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1 pendent nongovernmental organizations to support democ2 racy-building efforts for Cuba, including assistance for— 

3 (1) political prisoners and members of their 

4 families; 

5 (2) persons persecuted or harassed for dissident 

6 activities; 

7 (3) independent libraries; 

8 (4) independent workers’ rights activists; 

9 (5) independent agricultural cooperatives; 

10 (6) independent associations of self-employed 

11 Cubans; 

12 (7) independent journalists; 

13 (8) independent youth organizations; 

14 (9) independent environmental groups; 

15 (10) independent economists, medical doctors, 

16 and other professionals; 

17 (11) establishing and maintaining an informa18 tion and resources center to be in the United States 

19 interests section in Havana, Cuba; 

20 (12) prodemocracy programs of the National 

21 Endowment for Democracy related to Cuba; 

22 (13) nongovernmental programs to facilitate ac23 cess to the Internet, subject to section 102(g) of the 

24 Cuban Liberty and Democratic Solidarity 

25 (LIBERTAD) Act of 1996 (22 U.S.C. 6032(g)); 


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1 (14) nongovernmental charitable programs that 

2 provide nutrition and basic medical care to persons 

3 most at risk, including children and elderly persons; 

4 and 

5 (15) nongovernmental charitable programs to 

6 reintegrate into civilian life persons who have aban7 doned, resigned, or been expelled from the Cuban 

8 armed forces for ideological reasons. 

9 (b) DEFINITIONS.—In this section: 

10 (1) INDEPENDENT NONGOVERNMENTAL ORGA11 NIZATION.—The term ‘‘independent nongovern12 mental organization’’ means an organization that 

13 the Secretary of State determines, not less than 15 

14 days before any obligation of funds to the organiza15 tion, is a charitable or nonprofit nongovernmental 

16 organization that is not an agency or instrumentality 

17 of the Cuban Government. 

18 (2) ELIGIBLE CUBAN RECIPIENTS.—The term 

19 ‘‘eligible Cuban recipients’’ is limited to any Cuban 

20 national in Cuba, including political prisoners and 

21 their families, who are not officials of the Cuban 

22 Government or of the ruling political party in Cuba, 

23 as defined in section 4(10) of the Cuban Liberty and 

24 Democratic Solidarity (LIBERTAD) Act of 1996 

25 (22 U.S.C. 6023(10)). 


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1 SEC. 8. SUPPORT FOR A TRANSITION GOVERNMENT IN 

2 CUBA. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to funds otherwise available for such purposes, there 

5 are authorized to be appropriated such sums as are nec6 essary to the President to establish a fund to provide as7 sistance to a transition government in Cuba as defined in 

8 section 4(14) of the Cuban Liberty and Democratic Soli9 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6023(14)). 

10 (b) DESIGNATION OF FUND.—The fund authorized 

11 in subsection (a) shall be known as the ‘‘Fund for a Free 

12 Cuba’’. 

13 (c) AVAILABILITY OF FUNDS.—Amounts appro14 priated pursuant to subsection (a) are authorized to re15 main available until expended. 

Æ 


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