I

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.

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 ‘‘Free and Independent

5 Cuba Assistance Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:
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1 (1) The economy of Cuba has experienced a de2 cline of approximately 45 percent in the last 3 years,

3 on account of the end of its subsidization by the

4 former Soviet Union, the extreme decline in trade

5 between Cuba and the countries of the former Soviet

6 Bloc, and the policy of the Russian Government and

7 the countries of the former Soviet Bloc to conduct

8 economic relations with Cuba on strictly commercial

9 terms.

10 (2) At the same time, the welfare and health of

11 the Cuban people has substantially deteriorated, and

12 continues to deteriorate, as a result of this economic

13 decline and the refusal of the Castro regime to adopt

14 any economic or political reforms that would lead to

15 democracy, a market economy, or an economic

16 recovery.

17 (3) As long as no such economic or political re18 forms are adopted by the Cuban Government, the

19 economic condition of the country and the welfare of

20 the Cuban people will not improve in any significant

21 way.

22 (4) The Castro regime has made it abundantly

23 clear that it will not engage in any substantive eco24 nomic or political reforms that would lead to democ25 racy, a market economy, or an economic recovery.
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1 SEC. 3. POLICY TOWARD A TRANSITION GOVERNMENT AND

2 A DEMOCRATIC GOVERNMENT IN CUBA.

3 It is the policy of the United States—

4 (1) to support the self-determination of the

5 Cuban people;

6 (2) to recognize that the self-determination of

7 the Cuban people is a sovereign and national right

8 of the citizens of Cuba which must be exercised free

9 of interference by the government of any other

10 country;

11 (3) to encourage the Cuban people to empower

12 themselves with a government which reflects the self13 determination of the Cuban people;

14 (4) to recognize the potential for a difficult

15 transition from the current regime in Cuba that may

16 result from the initiatives taken by the Cuban people

17 for self-determination in response to the intran18 sigence of the Castro regime in not allowing any

19 substantive political or economic reforms, and to be

20 prepared to provide the Cuban people with humani21 tarian, developmental, and other economic assist22 ance;

23 (5) in solidarity with the Cuban people, to pro24 vide emergency relief assistance to a transition gov25 ernment in Cuba, and long term assistance to a

26 democratic government in Cuba, governments that
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1 result from an expression of the self-determination

2 of the Cuban people;

3 (6) that such assistance is intended to facilitate

4 a peaceful transition to democracy in Cuba and the

5 consolidation of democracy in Cuba;

6 (7) that such assistance be delivered to the

7 Cuban people through a transition government in

8 Cuba, through a democratic government in Cuba, or

9 through United States, international, or indigenous

10 nongovernmental organizations;

11 (8) to encourage other countries to provide

12 similar assistance, and work cooperatively with such

13 countries to coordinate such assistance;

14 (9) to ensure that emergency relief is rapidly

15 implemented and distributed to the people of Cuba

16 upon the institution of a transition government in

17 Cuba;

18 (10) not to provide favorable treatment or influ19 ence on behalf of any individual or entity in the pro20 motion of the choice by the Cuban people of their fu21 ture government;

22 (11) to assist a transition government in Cuba

23 and a democratic government in Cuba to prepare the

24 Cuban military forces for a new role in a democracy;
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1 (12) to be prepared to enter into negotiations

2 with a democratic government in Cuba either to re3 turn the United States Naval Base at Guantanamo

4 to Cuba or to renegotiate the present agreement

5 under mutually agreeable terms;

6 (13) to lift the economic embargo on Cuba

7 when the President determines that there exists a

8 democratic government in Cuba; and

9 (14) to assist a democratic government in Cuba

10 to strengthen and stabilize its national currency.

11 SEC. 4. AUTHORIZATION OF ASSISTANCE TO THE CUBAN

12 PEOPLE.

13 (a) PLAN FOR ASSISTANCE.—

14 (1) DEVELOPMENT OF PLAN.—The President

15 shall develop a plan for providing, at such time as

16 the President determines that a transition govern17 ment in Cuba is in power, economic assistance to the

18 people of Cuba while such government, and a demo19 cratic government in Cuba, are in power.

20 (2) TYPES OF ASSISTANCE.—Assistance under

21 the plan developed under paragraph (1) shall include

22 the following:

23 (A) Assistance under the plan to a transi24 tion government in Cuba shall be limited to—
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1 (i) such food, medicine, medical sup2 plies and equipment, and assistance to

3 meet emergency energy needs, as is nec4 essary to meet the basic human needs of

5 the Cuban people; and

6 (ii) assistance described in subpara7 graph (C).

8 (B) Assistance under the plan to a demo9 cratic government in Cuba shall consist of addi10 tional economic assistance and assistance de11 scribed in subparagraph (C). Such economic as12 sistance may include—

13 (i) assistance under chapter 1 of part

14 I (relating to development assistance), and

15 chapter 4 of part II (relating to the eco16 nomic support fund), of the Foreign As17 sistance Act of 1961;

18 (ii) assistance under the Agricultural

19 Trade Development and Assistance Act of

20 1954;

21 (iii) financing, guarantees, and other

22 forms of assistance provided by the Ex23 port-Import Bank of the United States;
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1 (iv) financial support provided by the

2 Overseas Private Investment Corporation

3 for investment projects in Cuba;

4 (v) assistance provided by the Trade

5 and Development Agency;

6 (vi) Peace Corps programs;

7 (vii) relief of Cuba’s external debt;

8 and

9 (viii) other appropriate assistance to

10 carry out the purposes of this Act.

11 (C) Assistance under the plan to a transi12 tion government in Cuba and to a democratic

13 government in Cuba shall also include assist14 ance in preparing the Cuban military forces to

15 adjust to a new role in a democracy and civilian

16 life, which may include assistance for housing,

17 educational, and training programs.

18 (b) STRATEGY FOR DISTRIBUTION.—The plan devel19 oped under subsection (a) shall include a strategy for dis20 tributing assistance under the plan.

21 (c) DISTRIBUTION.—The plan developed under sub22 section (a) shall authorize assistance under the plan to be

23 provided through United States, international, and indige24 nous nongovernmental organizations and private voluntary
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1 organizations, including humanitarian, educational, and

2 labor organizations.

3 (d) INTERNATIONAL EFFORTS.—The President shall

4 take the necessary steps to obtain the agreement of other

5 countries and of international financial institutions to pro6 vide to a transition government in Cuba, and to a demo7 cratic government in Cuba, assistance comparable to that

8 provided by the United States under this Act, and to work

9 with such countries and institutions to coordinate all such

10 assistance programs.

11 (e) CARIBBEAN BASIN INITIATIVE.—The President

12 shall determine, as part of the assistance plan developed

13 under subsection (a), whether or not to designate Cuba

14 as a beneficiary country under section 212 of the Carib15 bean Basin Economic Recovery Act.

16 (f) TRADE AGREEMENTS.—Upon the enactment of

17 legislation implementing a free trade agreement between

18 the United States and any other country or countries (ex19 cept Cuba) in the Western Hemisphere, the President—

20 (1) shall take the necessary steps to enter into

21 a framework agreement with a transition govern22 ment in Cuba providing for trade with and invest23 ment in Cuba; and

24 (2) may thereafter enter into negotiations with

25 a democratic government in Cuba to conclude a free
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1 trade agreement between the United States and

2 Cuba.

3 (g) COMMUNICATION WITH THE CUBAN PEOPLE.—

4 The President shall take the necessary steps to commu5 nicate to the Cuban people the plan for assistance devel6 oped under this section.

7 (h) REPORT TO CONGRESS.—The President shall

8 transmit to the Congress, not later than 180 days after

9 the date of the enactment of this Act, a report describing

10 in detail the plan developed under this section.

11 SEC. 5. COORDINATION OF ASSISTANCE PROGRAM; IMPLE12 MENTATION AND REPORTS TO CONGRESS;

13 REPROGRAMMING.

14 (a) COORDINATING OFFICIAL.—The Assistant Sec15 retary of State for Inter-American Affairs shall be respon16 sible for—

17 (1) implementing the strategy for distributing

18 assistance under the plan developed under section

19 4(a);

20 (2) ensuring the speedy and efficient distribu21 tion of such assistance; and

22 (3) ensuring coordination among, and appro23 priate oversight by, the agencies of the United

24 States that provide assistance under the plan, in25 cluding resolving any disputes among such agencies.
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1 (b) IMPLEMENTATION OF PLAN; REPORTS TO CON2 GRESS.—

3 (1) IMPLEMENTATION WITH RESPECT TO TRAN4 SITION GOVERNMENT.—Upon making a determina5 tion that a transition government in Cuba is in

6 power, the President shall transmit that determina7 tion to the Congress and shall commence the deliv8 ery and distribution of assistance to such transition

9 government under the plan developed under section

10 4(a).

11 (2) REPORTS TO CONGRESS.—Not later than

12 15 days after making the determination referred to

13 in paragraph (1), and not later 90 days after mak14 ing that determination, the President shall transmit

15 to the Congress a report setting forth the strategy

16 for providing assistance described in section

17 4(a)(2)(A) and (C) to the transition government in

18 Cuba under the plan of assistance developed under

19 section 4(a), the types of such assistance, and the

20 extent to which such assistance has been distributed

21 in accordance with the plan.

22 (3) IMPLEMENTATION WITH RESPECT TO

23 DEMOCRATIC GOVERNMENT.—The President shall,

24 upon determining that a democratic government in

25 Cuba is in power, submit that determination to the
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1 Congress and shall commence the delivery and dis2 tribution of assistance to such democratic govern3 ment under the plan developed under section 4(a).

4 (4) ANNUAL REPORTS TO CONGRESS.—Not

5 later than 60 days after the end of each fiscal year,

6 the President shall transmit to the Congress a re7 port on the assistance provided under the plan devel8 oped under section 4(a), including a description of

9 each type of assistance, the amounts expended for

10 such assistance, and a description of the assistance

11 to be provided under the plan in the current fiscal

12 year.

13 (c) REPROGRAMMING.—Any changes in the assist14 ance to be provided under the plan developed under sec15 tion 4(a) may not be made unless the President notifies

16 the Congress at least 15 days in advance in accordance

17 with the procedures applicable to reprogramming notifica18 tions under section 634A of the Foreign Assistance Act

19 of 1961.

20 (d) EFFECT ON OTHER LAWS.—Assistance may be

21 provided under the plan developed under section 4(a) not22 withstanding any other provision of law.

23 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated to the Presi25 dent such sums as may be necessary to carry out this Act.
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1 SEC. 7. TERMINATION OF EMBARGO.

2 Upon submitting a determination to the Congress

3 under section 5(b)(3) that a democratic government in

4 Cuba is in power, the President shall terminate the embar5 go on trade with Cuba.

6 SEC. 8. REQUIREMENTS FOR TRANSITION GOVERNMENT.

7 For purposes of this Act, a transition government in

8 Cuba is a government in Cuba which—

9 (1) is demonstrably in transition from com10 munist totalitarian dictatorship to democracy;

11 (2) makes public commitments to and is mak12 ing demonstrable progress in—

13 (A) releasing all political prisoners and al14 lowing for investigations of Cuban prisons by

15 appropriate international human rights organi16 zations;

17 (B) establishing an independent judiciary;

18 (C) respecting internationally recognized

19 human rights and basic freedoms in accordance

20 with the Universal Declaration of Human

21 Rights, to which Cuba is a signatory nation;

22 (D) dissolving the present Department of

23 State Security in the Cuban Ministry of the In24 terior, including but not limited to, the Commit25 tees for the Defense of the Revolution and the

26 Rapid Response Brigades;
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1 (E) organizing free and fair elections for a

2 new government—

3 (i) to be held within 1 year after the

4 transition government assumes power;

5 (ii) with the participation of multiple

6 independent political parties that have full

7 access to the media on an equal basis, in8 cluding (in the case of radio, television, or

9 other telecommunications media) in terms

10 of allotments of time for such access and

11 the times of day such allotments are given;

12 and

13 (iii) to be conducted under the super14 vision of internationally recognized observ15 ers, such as the United Nations, the Orga16 nization of American States, and other

17 elections monitors;

18 (F) granting permits to privately owned in19 digenous telecommunications companies to op20 erate in Cuba; and

21 (G) allowing the establishment of an inde22 pendent labor movement and of independent so23 cial, economic, and political associations;
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1 (3) does not include Fidel Castro or Raul Cas2 tro, or any person appointed by either such individ3 ual in a position of authority; and

4 (4) allows the speedy and efficient distribution

5 of assistance to the Cuban people.

6 SEC. 9. REQUIREMENTS FOR DEMOCRATIC GOVERNMENT.

7 For purposes of this Act, a democratic government

8 in Cuba is a government in Cuba which—

9 (1) results from free and fair elections con10 ducted under internationally recognized observers;

11 (2) has permitted opposition parties ample time

12 to organize and campaign for such elections, and has

13 permitted full access to the media to all candidates

14 in the elections;

15 (3) is showing respect for the basic civil lib16 erties and human rights of the citizens of Cuba;

17 (4) has made demonstrable progress in estab18 lishing an independent judiciary;

19 (5) is moving toward establishing a market-ori20 ented economic system; and

21 (6) has made or is committed to making con22 stitutional changes that would ensure regular free

23 and fair elections that meet the requirements of

24 paragraph (2).
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1 SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RE2 COVERY ACT.

3 The table contained in section 212(b) of the Carib4 bean Basin Economic Recovery Act (19 U.S.C. 2702(b))

5 is amended by inserting ‘‘Cuba’’ between ‘‘Costa Rica’’

6 and ‘‘Dominica’’.

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