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 follow-
ing 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 Representa-
tives 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 de-
cline 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 re-
forms 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 eco-
nomic or political reforms that would lead to democ-
racy, 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 intran-
sigence of the Castro regime in not allowing any
substantive political or economic reforms, and to be
prepared to provide the Cuban people with humani-
tarian, developmental, and other economic assist-
ance;
(5) in solidarity with the Cuban people, to pro-
vide emergency relief assistance to a transition gov-
ernment 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 influ-
ence on behalf of any individual or entity in the pro-
motion of the choice by the Cuban people of their fu-
ture 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 re-
turn 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 govern-
ment in Cuba is in power, economic assistance to the
people of Cuba while such government, and a demo-
cratic 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 transi-
tion government in Cuba shall be limited to—
(i) such food, medicine, medical sup-
plies and equipment, and assistance to
meet emergency energy needs, as is nec-
essary to meet the basic human needs of
the Cuban people; and
(ii) assistance described in subpara-
graph (C).
(B) Assistance under the plan to a demo-
cratic government in Cuba shall consist of addi-
tional economic assistance and assistance de-
scribed in subparagraph (C). Such economic as-
sistance may include—
(i) assistance under chapter 1 of part
I (relating to development assistance), and
chapter 4 of part II (relating to the eco-
nomic support fund), of the Foreign As-
sistance 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 Ex-
port-Import Bank of the United States;
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 pro-
vide to a transition government in Cuba, and to a demo-
cratic 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 Carib-
bean 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 (ex-
cept Cuba) in the Western Hemisphere, the President—
(1) shall take the necessary steps to enter into
a framework agreement with a transition govern-
ment in Cuba providing for trade with and invest-
ment 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 commu-
nicate to the Cuban people the plan for assistance devel-
oped 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; IMPLE-
MENTATION AND REPORTS TO CONGRESS;
REPROGRAMMING.
(a) COORDINATING OFFICIAL.—The Assistant Sec-
retary of State for Inter-American Affairs shall be respon-
sible for—
(1) implementing the strategy for distributing
assistance under the plan developed under section
4(a);
(2) ensuring the speedy and efficient distribu-
tion of such assistance; and
(3) ensuring coordination among, and appro-
priate oversight by, the agencies of the United
States that provide assistance under the plan, in-
cluding resolving any disputes among such agencies.
(b) IMPLEMENTATION OF PLAN; REPORTS TO CON-
GRESS.—
(1) IMPLEMENTATION WITH RESPECT TO TRAN-
SITION GOVERNMENT.—Upon making a determina-
tion that a transition government in Cuba is in
power, the President shall transmit that determina-
tion to the Congress and shall commence the deliv-
ery 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 mak-
ing 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 dis-
tribution of assistance to such democratic govern-
ment 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 re-
port on the assistance provided under the plan devel-
oped 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 assist-
ance to be provided under the plan developed under sec-
tion 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 notifica-
tions 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) not-
withstanding any other provision of law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Presi-
dent 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 embar-
go 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 com-
munist totalitarian dictatorship to democracy;
(2) makes public commitments to and is mak-
ing demonstrable progress in—
(A) releasing all political prisoners and al-
lowing for investigations of Cuban prisons by
appropriate international human rights organi-
zations;
(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 In-
terior, including but not limited to, the Commit-
tees 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, in-
cluding (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 super-
vision of internationally recognized observ-
ers, such as the United Nations, the Orga-
nization of American States, and other
elections monitors;
(F) granting permits to privately owned in-
digenous telecommunications companies to op-
erate in Cuba; and
(G) allowing the establishment of an inde-
pendent labor movement and of independent so-
cial, economic, and political associations;
(3) does not include Fidel Castro or Raul Cas-
tro, or any person appointed by either such individ-
ual 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 con-
ducted 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 lib-
erties and human rights of the citizens of Cuba;
(4) has made demonstrable progress in estab-
lishing an independent judiciary;
(5) is moving toward establishing a market-ori-
ented economic system; and
(6) has made or is committed to making con-
stitutional changes that would ensure regular free
and fair elections that meet the requirements of
paragraph (2).
SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RE-
COVERY ACT.
The table contained in section 212(b) of the Carib-
bean Basin Economic Recovery Act (19 U.S.C. 2702(b))
is amended by inserting ‘‘Cuba’’ between ‘‘Costa Rica’’
and ‘‘Dominica’’.
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