[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1089 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1089

   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

                              May 20, 2003

  Mr. Ensign 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.

    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 ``Cuba Transition Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Cuban people are seeking change in their country, 
        including through the Varela Project, Concilio Cubano, 
        independent journalist activity, and other civil society 
        initiatives.
            (2) Civil society groups and independent, self-employed 
        Cuban citizens will be essential to the consolidation of a 
        genuine and effective transition to democracy from an 
        authoritarian, communist government in Cuba, and therefore 
        merit increased international assistance.
            (3) The people of the United States support a policy of 
        proactively helping the Cuban people to establish a democratic 
        system of government, including supporting Cuban citizen 
        efforts to prepare for transition to a better and more 
        prosperous future.
            (4) Without profound political and economic changes, Cuba 
        will not meet the criteria for participation in the Summit of 
        the Americas process.
            (5) The Inter-American Democratic Charter adopted by the 
        General Assembly of the Organization of American States (OAS) 
        provides both guidance and mechanisms for response by OAS 
        members to the governmental transition in Cuba and that 
        country's eventual reintegration into the inter-American 
        system.
            (6) United States Government support of pro-democracy 
        elements in Cuba and planning for the transition in Cuba is 
        essential for the identification of resources and mechanisms 
        that can be made available immediately in response to profound 
        political and economic changes on the island.
            (7) Consultations with democratic development institutions 
        and international development agencies regarding Cuba are a 
        critical element in the preparation of an effective 
        multilateral response to the transition in Cuba.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To support multilateral efforts by the countries of the 
        Western Hemisphere in planning for a transition of the 
        government in Cuba and the return of that country to the 
        Western Hemisphere community of democracies.
            (2) To encourage the development of an international group 
        to coordinate multilateral planning to a transition of the 
        government in Cuba.
            (3) To authorize funding for programs to assist the Cuban 
        people and independent nongovernmental organizations in Cuba in 
        preparing the groundwork for a peaceful transition of 
        government in Cuba.
            (4) To provide the President with funding to implement 
        assistance programs essential to the development of a 
        democratic government in Cuba.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Democratically elected government in cuba.--The term 
        ``democratically elected government in Cuba'' has the meaning 
        given the term in section 4 of the Cuban Liberty and Democratic 
        Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023).
            (2) Transition government in cuba.--The term ``transition 
        government in Cuba'' has the meaning given the term in section 
        4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
        of 1996 (22 U.S.C. 6023).

SEC. 5. DESIGNATION OF COORDINATOR FOR CUBA TRANSITION.

    (a) In General.--The Secretary of State shall designate, within the 
Department of State, a coordinator who shall be responsible for--
            (1) designing an overall strategy to coordinate 
        preparations for, and a response to, a transition in Cuba;
            (2) coordinating assistance provided to the Cuban people in 
        preparation for a transition in Cuba;
            (3) coordinating strategic support for the consolidation of 
        a political and economic transition in Cuba;
            (4) ensuring program and policy coordination among agencies 
        of the United States Government in carrying out the policies 
        set forth in this Act; and
            (5) pursuing coordination with other countries and 
        international organizations, including international financial 
        institutions, with respect to assisting a transition in Cuba.
    (b) Rank and Status of the Transition Coordinator.--The coordinator 
designated in subsection (a) shall have the rank and status of 
ambassador.

SEC. 6. MULTILATERAL INITIATIVES RELATED TO CUBA.

    The Secretary of State is authorized to designate up to $5,000,000 
of total amounts made available for contributions to international 
organizations to be provided to the Organization of American States 
for--
            (1) Inter-American Commission on Human Rights activities 
        relating to the situation of human rights in Cuba;
            (2) the funding of an OAS emergency fund for the deployment 
        of human rights observers, election support, and election 
        observation in Cuba as described in section 109(b) of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
        U.S.C. 6039(b)(1)); and
            (3) scholarships for Cuban students attending colleges, 
        universities, or other educational programs in member states of 
        the OAS.

SEC. 7. SENSE OF CONGRESS.

    (a) Sense of Congress Regarding Consultation With Western 
Hemisphere.--It is the sense of Congress that the President should 
begin consultation, as appropriate, with governments of other Western 
Hemisphere countries regarding a transition in Cuba.
    (b) Sense of Congress Regarding Other Consultations.--It is the 
sense of Congress that the President should begin consultations with 
appropriate international partners and governments regarding a 
multilateral diplomatic and financial support program for response to a 
transition in Cuba.

SEC. 8. ASSISTANCE PROVIDED TO THE CUBAN PEOPLE IN PREPARATION FOR A 
              TRANSITION IN CUBA.

    (a) Authorization.--Notwithstanding any other provision of law 
other than section 634A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2394-1) and comparable notification requirements contained in 
any Act making appropriations for foreign operations, export financing, 
and related programs, the President is authorized to furnish an amount 
not to exceed $15,000,000 in assistance and provide other support for 
individuals and independent nongovernmental organizations to support 
democracy-building efforts for Cuba, including--
            (1) political prisoners and members of their families;
            (2) persons persecuted or harassed for dissident 
        activities;
            (3) independent libraries;
            (4) independent workers' rights activists;
            (5) independent agricultural cooperatives;
            (6) independent associations of self-employed Cubans;
            (7) independent journalists;
            (8) independent youth organizations;
            (9) independent environmental groups;
            (10) independent economists, medical doctors, and other 
        professionals;
            (11) in establishing and maintaining an information and 
        resources center to be in the United States interests section 
        in Havana, Cuba;
            (12) prodemocracy programs of the National Endowment for 
        Democracy that are related to Cuba;
            (13) nongovernmental programs to facilitate access to the 
        Internet, subject to section 102(g) of the Cuban Liberty and 
        Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
        6032(g));
            (14) nongovernmental charitable programs that provide 
        nutrition and basic medical care to persons most at risk, 
        including children and elderly persons; and
            (15) nongovernmental charitable programs to reintegrate 
        into civilian life persons who have abandoned, resigned, or 
        been expelled from the Cuban armed forces for ideological 
        reasons.
    (b) Definitions.--In this section:
            (1) Independent nongovernmental organization.--The term 
        ``independent nongovernmental organization'' means an 
        organization that the Secretary of State determines, not less 
        than 15 days before any obligation of funds to the 
        organization, is a charitable or nonprofit nongovernmental 
        organization that is not an agency or instrumentality of the 
        Cuban Government.
            (2) Eligible cuban recipients.--The term ``eligible Cuban 
        recipients'' is limited to any Cuban national in Cuba, 
        including political prisoners and their families, who are not 
        officials of the Cuban Government or of the ruling political 
        party in Cuba, as defined in section 4(10) of the Cuban Liberty 
        and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
        6023(10)).

SEC. 9. SUPPORT FOR A TRANSITION GOVERNMENT IN CUBA.

    (a) Authorization of Appropriations.--In addition to funds 
otherwise available for such purposes, there are authorized to be 
appropriated $30,000,000 to the President to establish a fund to 
provide assistance to a transition government in Cuba as defined in 
section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
Act of 1996 (22 U.S.C. 6023).
    (b) Designation of Fund.--The fund authorized in subsection (a) 
shall be known as the ``Fund for a Free Cuba''.
    (c) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
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