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Cuba: Issues for the 109Th Congress Order Code RL32730 CRS Report for Congress Received through the CRS Web Cuba: Issues for the 109th Congress Updated June 23, 2006 Mark P. Sullivan Specialist in Latin American Affairs Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Cuba: Issues for the 109th Congress Summary Cuba under Fidel Castro remains a hard-line communist state with a poor record on human rights — a record that has worsened since 2003. Since the early 1960s, U.S. policy toward Cuba has consisted largely of isolating the island nation through comprehensive economic sanctions. Another component of U.S. policy consists of support measures for the Cuban people, including private humanitarian donations and U.S.-sponsored radio and television broadcasting to Cuba. The Bush Administration has further tightened restrictions on travel, remittances and private humanitarian assistance, and the payment process for U.S. agricultural exports to Cuba. While there appears to be broad agreement on the overall objective of U.S. policy toward Cuba — to help bring democracy and respect for human rights to the island — there are several schools of thought on how to achieve that objective. Some advocate maximum pressure on the Cuban government until reforms are enacted; others argue for lifting some U.S. sanctions that they believe are hurting the Cuban people. Still others call for a swift normalization of U.S.-Cuban relations. To date in the 109th Congress, legislative initiatives have included six human rights resolutions: House-passed H.Con.Res. 81, H.Res. 193, and H.Res. 388; Senate- passed S.Res. 140 and S.Res. 469; and H.Con.Res. 165. In addition, P.L. 109-102 (H.R. 3057) funds democracy projects for Cuba in FY2006. House-passed H.R. 2601 would authorize $5 million for U.S. government scholarship and exchange programs. With regard to Cuba sanctions, the House-passed FY2007 Treasury Department appropriations measure, H.R. 5576, includes a provision prohibiting funds from being used to implement tightened restrictions on financing for U.S. agricultural exports to Cuba that were issued in February 2005; the President has threatened to veto the bill if it contains any provision weakening current U.S. sanctions on Cuba. (In 2005, the House- and Senate-passed versions of H.R. 3058, the FY2006 Treasury appropriations bill, had similar provisions, but these were dropped in conference.) Other initiatives include H.Con.Res. 206 (suspension of sanctions after Hurricane Dennis); H.R. 208 and H.R. 579 (overall sanctions); S. 894 and H.R. 1814, (travel) H.R. 2617 (family visits); H.R. 3064 ( educational travel); H.R. 1339 and S. 634 (cash in advance for U.S. agricultural sales); and H.R. 719 and S. 328 (facilitation of agricultural sales). H.R. 719, S. 328, H.R. 3372 and S. 1604 would repeal a provision of law preventing trademark registration related to confiscated assets in Cuba; in contrast, H.R. 1689 and S. 691 would amend the law, but not repeal it. Other initiatives have provisions on Cuba broadcasting (P.L. 109-108, S. 600, and H.R. 2601); anti-drug cooperation (H.R. 5522); U.S. fugitives in Cuba (H.R. 2601, H.R. 332); sanctions related to Cuba’s offshore oil development (H.R. 5292, S. 2682, S. 2795); authorization for participation in Cuba’s offshore oil development (H.R. 5353, S. 2787); and support for U.S. diplomats in Cuba (H.Con.Res. 428). For additional information, see CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Remittances; CRS Issue Brief IB10061, Exempting Food and Agriculture Products from U.S. Economic Sanctions: Status and Implementation; and CRS Report RS22228, Cuba after Fidel Castro: Issues for U.S. Policy. Contents Major Developments...............................................1 Political Conditions ................................................3 Outlook .....................................................3 Human Rights ................................................4 Overview................................................4 Severe Crackdown in 2003 ..................................5 Release of Several Prisoners in 2004 ...........................6 Varela Project and the National Dialogue.......................6 Assembly to Promote Civil Society............................7 United Nations Commission on Human Rights (UNCHR)..........8 Legislative Initiatives .......................................8 Economic Conditions...............................................9 U.S. Policy Toward Cuba ..........................................11 Bush Administration Policy.....................................12 Overview...............................................12 Administration Actions: 2001-2003 ..........................13 Tightened Sanctions in 2004 and 2005 ........................14 Issues in U.S.-Cuban Relations......................................16 Debate on the Overall Direction of U.S. Policy......................16 Helms/Burton Legislation ......................................17 Major Provisions and Implementation.........................17 Foreign Reaction and the EU’s WTO Challenge.................18 Section 211 Trademark Provision ................................19 Agricultural Exports...........................................21 Legislative Initiatives ......................................23 Travel and Private Humanitarian Assistance Restrictions..............24 Legislative Initiatives ......................................27 Offshore Oil Sector Development................................28 Drug Interdiction Cooperation ...................................29 Legislative Initiatives ......................................30 Cuba and Terrorism...........................................30 Cuba and Biological Weapons? ..............................32 Cuba as the Victim of Terrorism .............................34 Guantanamo Naval Base .......................................36 Radio and TV Marti...........................................37 Debate on TV Marti.......................................38 Airborne Broadcasts.......................................39 FY2006 Funding .........................................39 FY2007 Request ..........................................40 U.S. Funding to Support Democracy and Human Rights ..............41 Migration Issues..............................................42 1994 and 1995 Agreements .................................42 Elian Gonzalez Case ......................................43 Wet Foot/Dry Foot Policy..................................43 Migration Talks..........................................45 Legislation Approved in the 108th Congress ............................45 Appropriations Measures.......................................45 Human Rights Resolutions .....................................47 Legislative Initiatives in the 109th Congress ............................48 Human Rights and Democracy ..................................48 Modification of Sanctions......................................49 Migration...................................................54 Cuba Broadcasting............................................54 Anti-Drug Cooperation ........................................55 U.S. Fugitives ................................................55 Support for U.S. Diplomatic Personnel in Cuba .....................56 For Additional Reading............................................56 Cuba: Issues for the 109th Congress Major Developments On June 14, 2006, the House approved by voice vote H.Amdt. 1049 (Moran, Kansas) to the FY2007 Transportation/Treasury appropriations bill, H.R. 5576, that would prevent Treasury Department funds from being used to implement tightened restrictions on financing for U.S. agricultural exports to Cuba that were issued in February 2005. The House also rejected two amendments that would have eased economic sanctions on Cuba: H.Amdt. 1050 (Rangel), defeated by a vote of 183- 245, which would have prohibited funds from implementing the overall embargo, and H.Amdt. 1051 (Lee), defeated by a vote of 187-236, which would have prohibited funs from being used to implement the Administration’s June 2004 tightened restriction on educational travel to Cuba. Another amendment, H.Amdt. 1032 (Flake), which would have prohibited the use of funds to amend regulations relating to travel for religious activities in Cuba, was withdrawn from consideration. On June 12, 2006, the State Department asserted the Cuban government had cut off electricity to the U.S. Interests Section in Havana beginning on June 5, 2006, as part of a campaign of harassment of U.S. diplomats. The mission was running on generators, but electricity was restored on June 13, 2006. On May 25, 2006, the Senate approved S.Res. 469 (Lieberman) by unanimous consent, which condemned the April 25, 2006, beating of Cuban dissident Martha Beatriz Roque. On March 14, 2006, the Bahamas released two Cuban dentists from a detention center into U.S. custody, whereupon they immediately traveled to the United States. The two had been held in the detention center for 10 months after being picked up at sea in Bahamian waters. The dentists had received U.S. visas while in Cuba, but the Cuban government had denied them exit visas. Several Members of Congress had sought the release of the two Cubans. On February 3, 2006, the Treasury Department’s Office of Foreign Assets Control (OFAC) asked Starwood Hotels, the U.S. owner of the Sheraton Maria Isabel hotel in Mexico City, to expel a Cuban delegation that was meeting with U.S. oil executives at a privately-sponsored
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