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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2758

  To provide for assistance to the people of Cuba once a transitional 
            government is in power, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1993

    Mr. Menendez (for himself, Mr. Torricelli, Mr. Diaz-Balart, Mr. 
  McCurdy, Mr. Deutsch, Mr. Hastings, Mr. Andrews of New Jersey, Mr. 
 McHale, Mr. Romero-Barcelo, Ms. Ros-Lehtinen, Mr. Wynn, Mr. Burton of 
   Indiana, Ms. McKinney, Mr. Gutierrez, Mr. Engel, Mr. Smith of New 
 Jersey, and Mr. Richardson) introduced the following bill; which was 
referred jointly to the Committees on Foreign Affairs, Banking, Finance 
           and Urban Affairs, Agriculture, and Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To provide for assistance to the people of Cuba once a transitional 
            government is in power, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free and Independent Cuba Assistance 
Act of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economy of Cuba has experienced a decline of 
        approximately 45 percent in the last 3 years, on account of the 
        end of its subsidization by the former Soviet Union, the 
        extreme decline in trade between Cuba and the countries of the 
        former Soviet Bloc, and the policy of the Russian Government 
        and the countries of the former Soviet Bloc to conduct economic 
        relations with Cuba on strictly commercial terms.
            (2) At the same time, the welfare and health of the Cuban 
        people has substantially deteriorated, and continues to 
        deteriorate, as a result of this economic decline and the 
        refusal of the Castro regime to adopt any economic or political 
        reforms that would lead to democracy, a market economy, or an 
        economic recovery.
            (3) As long as no such economic or political reforms are 
        adopted by the Cuban Government, the economic condition of the 
        country and the welfare of the Cuban people will not improve in 
        any significant way.
            (4) The Castro regime has made it abundantly clear that it 
        will not engage in any substantive economic or political 
        reforms that would lead to democracy, a market economy, or an 
        economic recovery.

SEC. 3. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATIC 
              GOVERNMENT IN CUBA.

    It is the policy of the United States--
            (1) to support the self-determination of the Cuban people;
            (2) to recognize that the self-determination of the Cuban 
        people is a sovereign and national right of the citizens of 
        Cuba which must be exercised free of interference by the 
        government of any other country;
            (3) to encourage the Cuban people to empower themselves 
        with a government which reflects the self-determination of the 
        Cuban people;
            (4) to recognize the potential for a difficult transition 
        from the current regime in Cuba that may result from the 
        initiatives taken by the Cuban people for self-determination in 
        response to the intransigence of the Castro regime in not 
        allowing any substantive political or economic reforms, and to 
        be prepared to provide the Cuban people with humanitarian, 
        developmental, and other economic assistance;
            (5) in solidarity with the Cuban people, to provide 
        emergency relief assistance to a transition government in Cuba, 
        and long term assistance to a democratic government in Cuba, 
        governments that result from an expression of the self-
        determination of the Cuban people;
            (6) that such assistance is intended to facilitate a 
        peaceful transition to democracy in Cuba and the consolidation 
        of democracy in Cuba;
            (7) that such assistance be delivered to the Cuban people 
        through a transition government in Cuba, through a democratic 
        government in Cuba, or through United States, international, or 
        indigenous nongovernmental organizations;
            (8) to encourage other countries to provide similar 
        assistance, and work cooperatively with such countries to 
        coordinate such assistance;
            (9) to ensure that emergency relief is rapidly implemented 
        and distributed to the people of Cuba upon the institution of a 
        transition government in Cuba;
            (10) not to provide favorable treatment or influence on 
        behalf of any individual or entity in the promotion of the 
        choice by the Cuban people of their future government;
            (11) to assist a transition government in Cuba and a 
        democratic government in Cuba to prepare the Cuban military 
        forces for a new role in a democracy;
            (12) to be prepared to enter into negotiations with a 
        democratic government in Cuba either to return the United 
        States Naval Base at Guantanamo to Cuba or to renegotiate the 
        present agreement under mutually agreeable terms;
            (13) to lift the economic embargo on Cuba when the 
        President determines that there exists a democratic government 
        in Cuba; and
            (14) to assist a democratic government in Cuba to 
        strengthen and stabilize its national currency.

SEC. 4. AUTHORIZATION OF ASSISTANCE TO THE CUBAN PEOPLE.

    (a) Plan for Assistance.--
            (1) Development of plan.--The President shall develop a 
        plan for providing, at such time as the President determines 
        that a transition government in Cuba is in power, economic 
        assistance to the people of Cuba while such government, and a 
        democratic government in Cuba, are in power.
            (2) Types of assistance.--Assistance under the plan 
        developed under paragraph (1) shall include the following:
                    (A) Assistance under the plan to a transition 
                government in Cuba shall 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).
                    (B) Assistance under the plan to a democratic 
                government in Cuba shall consist of additional economic 
                assistance and assistance described in subparagraph 
                (C). Such economic assistance may include--
                            (i) assistance under chapter 1 of part I 
                        (relating to development assistance), and 
                        chapter 4 of part II (relating to the economic 
                        support fund), of the Foreign Assistance Act of 
                        1961;
                            (ii) assistance under the Agricultural 
                        Trade Development and Assistance Act of 1954;
                            (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;
                            (vii) relief of Cuba's external debt; and
                            (viii) other appropriate assistance to 
                        carry out the purposes of this Act.
                    (C) Assistance under the plan to a transition 
                government in Cuba and to a democratic government in 
                Cuba shall also include assistance in preparing the 
                Cuban military forces to adjust to a new role in a 
                democracy and civilian life, which may include 
                assistance for housing, educational, and training 
                programs.
    (b) Strategy for Distribution.--The plan developed under subsection 
(a) shall include a strategy for distributing assistance under the 
plan.
    (c) Distribution.--The plan developed under subsection (a) shall 
authorize assistance under the plan to be provided through United 
States, international, and indigenous nongovernmental organizations and 
private voluntary organizations, including humanitarian, educational, 
and labor organizations.
    (d) International Efforts.--The President shall take the necessary 
steps to obtain the agreement of other countries and of international 
financial institutions to provide to a transition government in Cuba, 
and to a democratic government in Cuba, assistance comparable to that 
provided by the United States under this Act, and to work with such 
countries and institutions to coordinate all such assistance programs.
    (e) Caribbean Basin Initiative.--The President shall determine, as 
part of the assistance plan developed under subsection (a), whether or 
not to designate Cuba as a beneficiary country under section 212 of the 
Caribbean Basin Economic Recovery Act.
    (f) Trade Agreements.--Upon the enactment of legislation 
implementing a free trade agreement between the United States and any 
other country or countries (except Cuba) in the Western Hemisphere, the 
President--
            (1) shall take the necessary steps to enter into a 
        framework agreement with a transition government in Cuba 
        providing for trade with and investment in Cuba; and
            (2) may thereafter enter into negotiations with a 
        democratic government in Cuba to conclude a free trade 
        agreement between the United States and Cuba.
    (g) Communication With the Cuban People.--The President shall take 
the necessary steps to communicate to the Cuban people the plan for 
assistance developed under this section.
    (h) Report to Congress.--The President shall transmit to the 
Congress, not later than 180 days after the date of the enactment of 
this Act, a report describing in detail the plan developed under this 
section.

SEC. 5. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS 
              TO CONGRESS; REPROGRAMMING.

    (a) Coordinating Official.--The Assistant Secretary of State for 
Inter-American Affairs shall be responsible for--
            (1) implementing the strategy for distributing assistance 
        under the plan developed under section 4(a);
            (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 
        under the plan, including resolving any disputes among such 
        agencies.
    (b) 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 Congress and shall commence the delivery 
        and distribution of assistance to such transition government 
        under the plan developed under section 4(a).
            (2) Reports to congress.--Not later than 15 days after 
        making the determination referred to in paragraph (1), and not 
        later 90 days after making that determination, the President 
        shall transmit to the Congress a report setting forth the 
        strategy for providing assistance described in section 
        4(a)(2)(A) and (C) to the transition government in Cuba under 
        the plan of assistance developed under section 4(a), the types 
        of such assistance, and the extent to which such assistance has 
        been distributed in accordance with the plan.
            (3) Implementation with respect to democratic government.--
        The President shall, upon determining that a democratic 
        government in Cuba is in power, submit that determination to 
        the Congress and shall commence the delivery and distribution 
        of assistance to such democratic government under the plan 
        developed under section 4(a).
            (4) Annual reports to congress.--Not later than 60 days 
        after the end of each fiscal year, the President shall transmit 
        to the Congress a report on the assistance provided under the 
        plan developed under section 4(a), 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.
    (c) Reprogramming.--Any changes in the assistance to be provided 
under the plan developed under section 4(a) may not be made unless the 
President notifies the Congress at least 15 days in advance in 
accordance with the procedures applicable to reprogramming 
notifications under section 634A of the Foreign Assistance Act of 1961.
    (d) Effect on other laws.--Assistance may be provided under the 
plan developed under section 4(a) notwithstanding any other provision 
of law.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the President such sums 
as may be necessary to carry out this Act.

SEC. 7. TERMINATION OF EMBARGO.

    Upon submitting a determination to the Congress under section 
5(b)(3) that a democratic government in Cuba is in power, the President 
shall terminate the embargo on trade with Cuba.

SEC. 8. REQUIREMENTS FOR TRANSITION GOVERNMENT.

    For purposes of this Act, a transition government in Cuba is a 
government in Cuba which--
            (1) is demonstrably in transition from communist 
        totalitarian dictatorship to democracy;
            (2) makes public commitments to and is making demonstrable 
        progress in--
                    (A) releasing all political prisoners and allowing 
                for investigations of Cuban prisons by appropriate 
                international human rights organizations;
                    (B) establishing an independent judiciary;
                    (C) respecting internationally recognized human 
                rights and basic freedoms in accordance with the 
                Universal Declaration of Human Rights, to which Cuba is 
                a signatory nation;
                    (D) dissolving the present Department of State 
                Security in the Cuban Ministry of the Interior, 
                including but not limited to, the Committees for the 
                Defense of the Revolution and the Rapid Response 
                Brigades;
                    (E) organizing free and fair elections for a new 
                government--
                            (i) to be held within 1 year after the 
                        transition government assumes power;
                            (ii) with the participation of multiple 
                        independent political parties that have full 
                        access to the media on an equal basis, 
                        including (in the case of radio, television, or 
                        other telecommunications media) in terms of 
                        allotments of time for such access and the 
                        times of day such allotments are given; and
                            (iii) to be conducted under the supervision 
                        of internationally recognized observers, such 
                        as the United Nations, the Organization of 
                        American States, and other elections monitors;
                    (F) granting permits to privately owned indigenous 
                telecommunications companies to operate in Cuba; and
                    (G) allowing the establishment of an independent 
                labor movement and of independent social, economic, and 
                political associations;
            (3) does not include Fidel Castro or Raul Castro, or any 
        person appointed by either such individual in a position of 
        authority; and
            (4) allows the speedy and efficient distribution of 
        assistance to the Cuban people.

SEC. 9. REQUIREMENTS FOR DEMOCRATIC GOVERNMENT.

    For purposes of this Act, a democratic government in Cuba is a 
government in Cuba which--
            (1) results from free and fair elections conducted under 
        internationally recognized observers;
            (2) has permitted opposition parties ample time to organize 
        and campaign for such elections, and has permitted full access 
        to the media to all candidates in the elections;
            (3) is showing respect for the basic civil liberties and 
        human rights of the citizens of Cuba;
            (4) has made demonstrable progress in establishing an 
        independent judiciary;
            (5) is moving toward establishing a market-oriented 
        economic system; and
            (6) has made or is committed to making constitutional 
        changes that would ensure regular free and fair elections that 
        meet the requirements of paragraph (2).

SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RECOVERY ACT.

    The table contained in section 212(b) of the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting 
``Cuba'' between ``Costa Rica'' and ``Dominica''.

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