Pub.L. 104-115 To guarantee the continuing full investment of Social Security and other Federal funds in obligations of the United States. <> ...

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        whatsoever to the Cuban Government, the Cuban military, or the 
        Cuban people.
            (3) Statements by the Cuban Government that Brothers to the 
        Rescue has engaged in covert operations, bombing campaigns, and 
        commando operations against the Government of Cuba have no basis 
        in fact.
            (4) The Brothers to the Rescue aircraft notified air traffic 
        controllers as to their flight plans, which would take them 
        south of the 24th parallel and close to Cuban airspace.
            (5) International law provides a nation with airspace over 
        the 12-mile territorial sea.
            (6) The response of Fidel Castro's dictatorship to 
        Saturday's afternoon flight was to scramble 2 fighter jets from 
        a Havana airfield.
            (7) At approximately 3:24 p.m., the pilot of one of the 
        Cuban MiGs received permission and proceeded to shoot down one 
        Brothers to the Rescue airplane more than 6 miles north of the 
        Cuban exclusion zone, or 18 miles from the Cuban coast.
            (8) Approximately 7 minutes later, the pilot of the Cuban 
        fighter jet received permission and proceeded to shoot down the 
        second Brothers to the Rescue airplane almost 18.5 miles north 
        of the Cuban exclusion zone, or 30.5 miles from the Cuban coast.
            (9) The Cuban dictatorship, if it truly felt threatened by 
        the flight of these unarmed aircraft, could have and should have 
        pursued other peaceful options as required by international law.
            (10) The response chosen by Fidel Castro, the use of lethal 
        force, was completely inappropriate to the situation presented 
        to the Cuban Government, making such actions a blatant and 
        barbaric violation of international law and tantamount to cold-
        blooded murder.
            (11) There were no survivors of the attack on these 
        aircraft, and the crew of a third aircraft managed to escape 
        this criminal attack by Castro's Air Force.
            (12) <<NOTE: Pablo Morales. Carlos Costa. Mario de la 
        Pena. Armondo Alejandre.>>  The crew members of the destroyed 
        planes, Pablo Morales, Carlos Costa, Mario de la Pena, and 
        Armando Alejandre, were United States citizens from Miami flying 
        with Brothers to the Rescue on a voluntary basis.
            (13) It is incumbent upon the United States Government to 
        protect the lives and livelihoods of United States citizens as 
        well as the rights of free passage and humanitarian missions.
            (14) This premeditated act took place after a week-long wave 
        of repression by the Cuban Government against Concilio Cubano, 
        an umbrella organization of human rights activists, dissidents, 
        independent economists, and independent journalists, among 
        others.
            (15) <<NOTE: Concillio Cubano.>>  The wave of repression 
        against Concilio Cubano, whose membership is committed to 
        peaceful democratic change in

[[Page 110 STAT. 805]]

        Cuba, included arrests, strip searches, house arrests, and in 
        some cases sentences to more than 1 year in jail.

    (b) Statements by the Congress.--(1) The Congress strongly condemns 
the act of terrorism by the Castro regime in shooting down the Brothers 
to the Rescue aircraft on February 24, 1996.
    (2) The Congress extends its condolences to the families of Pablo 
Morales, Carlos Costa, Mario de la Pena, and Armando Alejandre, the 
victims of the attack.
    (3) The Congress urges the President to seek, in the International 
Court of Justice, indictment for this act of terrorism by Fidel Castro.

           TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

SEC. 201. <<NOTE: 22 USC 6061.>>  POLICY TOWARD A TRANSITION GOVERNMENT 
            AND A DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.

    The policy of the United States is as follows:
            (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 
        appropriate forms of assistance--
                    (A) to a transition government in Cuba;
                    (B) to facilitate the rapid movement from such a 
                transition government to a democratically elected 
                government in Cuba that results from an expression of 
                the self-determination of the Cuban people; and
                    (C) to support such a democratically elected 
                government.
            (6) Through such assistance, to facilitate a peaceful 
        transition to representative democracy and a market economy in 
        Cuba and to consolidate democracy in Cuba.
            (7) To deliver such assistance to the Cuban people only 
        through a transition government in Cuba, through a 
        democratically elected government in Cuba, through United States 
        Government organizations, or through United States, 
        international, or indigenous nongovernmental organizations.
            (8) To encourage other countries and multilateral 
        organizations to provide similar assistance, and to work 
        cooperatively with such countries and organizations to 
        coordinate such assistance.

[[Page 110 STAT. 806]]

            (9) To ensure that appropriate assistance is rapidly 
        provided 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 selection by the Cuban 
        people of their future government.
            (11) To assist a transition government in Cuba and a 
        democratically elected government in Cuba to prepare the Cuban 
        military forces for an appropriate role in a democracy.
            (12) To be prepared to enter into negotiations with a 
        democratically elected 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 remove the economic embargo of Cuba 
        when the President determines that a transition to a 
        democratically elected government in Cuba has begun.
            (15) To assist a democratically elected government in Cuba 
        to strengthen and stabilize its national currency.
            (16) To pursue trade relations with a free, democratic, and 
        independent Cuba.

SEC. 202. <<NOTE: President. 22 USC 6062.>>  ASSISTANCE FOR THE CUBAN 
            PEOPLE.

    (a) Authorization.--
            (1) In general.--The President shall develop a plan for 
        providing economic assistance to Cuba at such time as the 
        President determines that a transition government or a 
        democratically elected government in Cuba (as determined under 
        section 203(c)) is in power.
            (2) Effect on other laws.--Assistance may be provided under 
        this section subject to an authorization of appropriations and 
        subject to the availability of appropriations.

    (b) Plan for Assistance.--
            (1) Development of plan.--The President shall develop a plan 
        for providing assistance under this section--
                    (A) to Cuba when a transition government in Cuba is 
                in power; and
                    (B) to Cuba when a democratically elected government 
                in Cuba is in power.
            (2) Types of assistance.--Assistance under the plan 
        developed under paragraph (1) may, subject to an authorization 
        of appropriations and subject to the availability of 
        appropriations, include the following:
                    (A) Transition government.--(i) Except as provided 
                in clause (ii), assistance to Cuba under a transition 
                government shall, subject to an authorization of 
                appropriations and subject to the availability of 
                appropriations, 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).

[[Page 110 STAT. 807]]

                    (ii) Assistance in addition to assistance under 
                clause (i) may be provided, but only after the President 
                certifies to the appropriate congressional committees, 
                in accordance with procedures applicable to 
                reprogramming notifications under section 634A of the 
                Foreign Assistance Act of 1961, that such assistance is 
                essential to the successful completion of the transition 
                to democracy.
                    (iii) Only after a transition government in Cuba is 
                in power, freedom of individuals to travel to visit 
                their relatives without any restrictions shall be 
                permitted.
                    (B) Democratically elected government.--Assistance 
                to a democratically elected government in Cuba may, 
                subject to an authorization of appropriations and 
                subject to the availability of appropriations, consist 
                of economic assistance in addition to assistance 
                available under subparagraph (A), together with 
                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; and
                          (vii) other appropriate assistance to carry 
                      out the policy of section 201.
                    (C) Military adjustment assistance.--Assistance to a 
                transition government in Cuba and to a democratically 
                elected government in Cuba shall also include assistance 
                in preparing the Cuban military forces to adjust to an 
                appropriate role in a democracy.

    (c) Strategy for Distribution.--The plan developed under subsection 
(b) shall include a strategy for distributing assistance under the plan.
    (d) Distribution.--Assistance under the plan developed under 
subsection (b) shall be provided through United States Government 
organizations and nongovernmental organizations and private and 
voluntary organizations, whether within or outside the United States, 
including humanitarian, educational, labor, and private sector 
organizations.
    (e) International Efforts.--The President shall take the necessary 
steps--
            (1) to seek to obtain the agreement of other countries and 
        of international financial institutions and multilateral 
        organizations to provide to a transition government in Cuba, and 
        to a democratically elected government in Cuba, assistance 
        comparable to that provided by the United States under this Act; 
        and

[[Page 110 STAT. 808]]

            (2) to work with such countries, institutions, and 
        organizations to coordinate all such assistance programs.

    (f) 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.
    (g) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to the 
appropriate congressional committees a report describing in detail the 
plan developed under this section.
    (h) Report on Trade and Investment Relations.--
            (1) Report to congress.--The President, following the 
        transmittal to the Congress of a determination under section 
        203(c)(3) that a democratically elected government in Cuba is in 
        power, shall submit to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate and the appropriate congressional committees a report 
        that describes--
                    (A) acts, policies, and practices which constitute 
                significant barriers to, or distortions of, United 
                States trade in goods or services or foreign direct 
                investment with respect to Cuba;
                    (B) policy objectives of the United States regarding 
                trade relations with a democratically elected government 
                in Cuba, and the reasons therefor, including possible--
                          (i) reciprocal extension of nondiscriminatory 
                      trade treatment (most-favored-nation treatment);
                          (ii) designation of Cuba as a beneficiary 
                      developing country under title V of the Trade Act 
                      of 1974 (relating to the Generalized System of 
                      Preferences) or as a beneficiary country under the 
                      Caribbean Basin Economic Recovery Act, and the 
                      implications of such designation with respect to 
                      trade with any other country that is such a 
                      beneficiary developing country or beneficiary 
                      country or is a party to the North American Free 
                      Trade Agreement; and
                          (iii) negotiations regarding free trade, 
                      including the accession of Cuba to the North 
                      American Free Trade Agreement;
                    (C) specific trade negotiating objectives of the 
                United States with respect to Cuba, including the 
                objectives described in section 108(b)(5) of the North 
                American Free Trade Agreement Implementation Act (19 
                U.S.C. 3317(b)(5)); and
                    (D) actions proposed or anticipated to be 
                undertaken, and any proposed legislation necessary or 
                appropriate, to achieve any of such policy and 
                negotiating objectives.
            (2) Consultation.--The President shall consult with the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate and the appropriate 
        congressional committees and shall seek advice from the 
        appropriate advisory committees established under section 135 of 
        the Trade Act of 1974 regarding the policy and negotiating 
        objectives and the legislative proposals described in paragraph 
        (1).

[[Page 110 STAT. 809]]

SEC. 203. <<NOTE: President. 22 USC 6063.>>  COORDINATION OF ASSISTANCE 
            PROGRAM; IMPLEMENTATION AND REPORTS TO CONGRESS; 
            REPROGRAMMING.

    (a) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
            (1) implementing the strategy for distributing assistance 

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