[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 611 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 611

  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

                            January 20, 1995

   Mr. Menendez (for himself, Mr. Diaz-Balart, Ms. Ros-Lehtinen, Mr. 
  Livingston, Mr. Torricelli, Mr. Lantos, Mr. Burton of Indiana, Mr. 
  Engel, Mrs. Meek of Florida, Mr. Smith of New Jersey, Mr. Wynn, Mr. 
    Zimmer, Mr. Gutierrez, Mr. Wilson, Mr. Hastings of Florida, Mr. 
Andrews, Mr. Romero-Barcelo, Mr. Deutsch, and Mr. King) introduced the 
 following bill; which was referred to the Committee on International 
   Relations and, in addition, to the Committees on Ways and Means, 
  Banking and Financial Services, and Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economy of Cuba has experienced a decline of at 
        least 50 percent in the last 5 years as a result of--
                    (A) the end of its subsidization annually of 
                between $5,000,000,000 and $6,000,000,000 by the former 
                Soviet Union;
                    (B) 36 years of economic mismanagement by the 
                Castro government;
                    (C) the extreme decline in trade between Cuba and 
                the countries of the former Soviet Bloc; and
                    (D) 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 economic and political 
        reforms, as well as to permit free and fair elections, that 
        would lead to democracy, a market economy, or an economic 
        recovery.
            (3) As long as no such economic and 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.
            (5) The repression of the Cuban people, including a ban on 
        free and fair elections, and the continuing violation of the 
        fundamental human rights of the Cuban people, have isolated the 
        Cuban regime as the only nondemocratic government in the 
        Western Hemisphere.

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) through such assistance, to facilitate a peaceful 
        transition to a representative democracy and a market economy 
        in Cuba and the successful consolidation of democracy in Cuba;
            (7) to deliver such assistance to the Cuban people only 
        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 and multilateral 
        organizations to provide similar assistance, and work 
        cooperatively with such countries and organizations 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 consider the restoration of diplomatic recognition 
        and support the reintegration of the Cuban government into 
        inter-American organizations when the President determines that 
        there exists a democratically elected government in Cuba;
            (14) to take steps to lift the economic embargo on Cuba 
        when the President determines that there exists a democratic 
        government in Cuba;
            (15) to assist a democratic government in Cuba to 
        strengthen and stabilize its national currency; and
            (16) to authorize the extension of the North American Free 
        Trade Agreement to a free, democratic, and independent Cuba.

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 Cuba while such government, or a democratic 
        government in Cuba, is in power.
            (2) Types of assistance.--
                    (A) Transition government.--Assistance under the 
                plan developed under paragraph (1) to a transition 
                government--
                            (i) shall include--
                                    (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);
                            (ii) may include assistance for activities 
                        comparable to those set forth in section 498 of 
                        the Foreign Assistance Act of 1961 (22 U.S.C. 
                        2295) (other than paragraph (9) of such 
                        section); and
                            (iii) shall be limited to assistance under 
                        clauses (i) and (ii).
                    (B) Democratic government.--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) Military adjustment assistance.--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, 
labor, and private sector organizations.
    (d) International Efforts.--The President shall take the necessary 
steps to seek to obtain the agreement of other countries and of the 
international financial institutions and multilateral organizations 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, 
institutions, and organizations 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. Any such designation of Cuba may 
be made only after the President determines that a transition 
government or a democratic government in Cuba is in power.
    (f) Trade Agreements.--The President--
            (1) shall seek to enter into preliminary agreements with a 
        transition government in Cuba providing for trade with and 
        investment in Cuba; and
            (2) is authorized to enter into negotiations with a 
        democratic government in Cuba to provide for the extension of 
        the North American Free Trade Agreement to Cuba and to take 
        such other steps as will encourage renewed investment in 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 President shall designate, within 
the Department of State, a coordinating official--
            (1) who shall be responsible for--
                    (A) implementing the strategy for distributing 
                assistance under the plan developed under section 4(a);
                    (B) ensuring the speedy and efficient distribution 
                of such assistance; and
                    (C) 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; and
            (2) who, if the President has made a determination that a 
        transition government or a democratic government in Cuba is in 
        power, shall designate a United States-Cuba council--
                    (A) 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
                    (B) to establish periodic meetings between 
                representatives of the United States and Cuban private 
                sectors for the purpose of facilitating bilateral 
                trade.
    (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, subject to the 
        availability of appropriations, commence the delivery and 
        distribution of assistance to such transition government under 
        the plan developed under section 4(a).
            (2) Reports to congress.--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. The President shall transmit the 
        report not later than 90 days after making that determination 
        referred to in paragraph (1), except that the President shall 
        transmit the report in preliminary form not later than 15 days 
        after making the determination.
            (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, subject to the availability of 
        appropriations, 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.--
            (1) In general.--Subject to paragraph (2), assistance may 
        be provided under the plan developed under section 4(a) 
        notwithstanding any other provision of law.
            (2) Exception.--Nothing in this Act shall affect the 
        provisions of section 620(a)(2) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2370(a)(2)).

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.

    (a) Steps To Terminate 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 take steps to terminate the embargo on 
trade with Cuba.
    (b) Definition.--For purposes of this section, the phrase ``embargo 
on trade with Cuba'' refers to the economic embargo imposed against 
Cuba pursuant to section 620(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2370(a)) and section 5(b) of the Trading With the Enemy Act 
(50 U.S.C. App. 5(b)).

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 a representative 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 as set forth in the Universal 
                Declaration of Human Rights;
                    (D) effectively guaranteeing the rights of free 
                speech and freedom of the press;
                    (E) 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;
                    (F) 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;
                    (G) assuring the right to private property;
                    (H) granting permits to privately owned indigenous 
                telecommunications and media companies to operate in 
                Cuba; and
                    (I) 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; and
            (4) has given adequate assurances that it will allow the 
        speedy and efficient distribution of assistance under this Act 
        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''.
                                 <all>