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Cuba: Issues for the 109Th Congress Cuba: Issues for the 109th Congress Updated December 19, 2006 Congressional Research Service https://crsreports.congress.gov RL32730 Cuba: Issues for the 109th Congress Summary Since the early 1960s, U.S. policy toward Cuba under Fidel Castro has consisted largely of isolating the communist nation through comprehensive economic sanctions, which have been significantly tightened by the Bush Administration. Another component of U.S. policy has consisted of support measures for the Cuban people, including private humanitarian donations and U.S.-sponsored radio and television broadcasting 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 Cuba until reforms are enacted; others argue for lifting some U.S. sanctions judged to be hurting the Cuban people; and still others call for a swift normalization of U.S.-Cuban relations. Fidel Castro’s announcement in late July 2006 that he was temporarily ceding political power to his brother Raúl in order to recover from surgery has prompted some Members to call for re-examination of U.S. policy. In the 109th Congress, legislative initiatives included the approval of five human rights resolutions: H.Con.Res. 81, H.Res. 193, H.Res. 388, S.Res. 140, and S.Res. 469. P.L. 109-102 funded Cuba democracy projects in FY2006. Action on several FY2007 appropriations measures were not completed, so action will need to be completed in 2007: House-passed H.R. 5522 would have funded FY2007 democracy projects, and House and Senate versions of the bill had contrasting provisions on anti-drug cooperation; House-passed H.R. 5576 would have prohibited funds from being used to implement tightened restrictions on financing for agricultural exports to Cuba; the Senate version of H.R. 5384 would have liberalized travel related to the sale of agricultural and medical goods to Cuba; and H.R. 5522 and H.R. 5672 would have funded Cuba broadcasting. Other legislative initiatives not acted upon would have eased U.S. sanctions in various ways: suspension of sanctions after Hurricane Dennis (H.Con.Res. 206); overall sanctions (H.R. 208 and H.R. 579); overall travel (S. 894 and H.R. 1814); family visits (H.R. 2617); educational travel (H.R. 3064); cash in advance for U.S. agricultural sales (H.R. 1339 and S. 634); and facilitation of agricultural sales (H.R. 719 and S. 328). Other measures had provisions on Cuba’s trademark registrations (H.R. 719, S. 328, H.R. 3372, S. 1604, H.R. 1689 and S. 69); Cuba broadcasting (S. 600, H.R. 2601); 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); participation in Cuba’s offshore oil development (H.R. 5353, S. 2787); support for U.S. diplomats in Cuba (H.Con.Res. 428); repeal of the Cuban Adjustment Act (H.R. 5670); assistance to facilitate a peaceful transition in Cuba (S. 3769); and authorization of $5 million for scholarship and exchange programs (House-passed H.R. 2601). For additional information, see CRS Report RL33622, Cuba’s Future Political Scenarios and U.S. Policy Approaches; CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Remittances; CRS Report RL32251, Cuba and the State Sponsors of Terrorism List; and CRS Report RL33499, Exempting Food and Agriculture Products from U.S. Economic Sanctions: Status and Implementation. Congressional Research Service Cuba: Issues for the 109th Congress Contents Major Developments ....................................................................................................................... 1 Political Conditions ......................................................................................................................... 3 Scenarios for Cuba after Fidel Castro ....................................................................................... 4 Human Rights............................................................................................................................ 5 Overview ............................................................................................................................. 5 Severe Crackdown in 2003 ................................................................................................. 6 Release of Several Prisoners in 2004 .................................................................................. 7 Varela Project and the National Dialogue ........................................................................... 7 Assembly to Promote Civil Society .................................................................................... 8 Legislative Initiatives .......................................................................................................... 8 Economic Conditions ...................................................................................................................... 9 U.S. Policy Toward Cuba .............................................................................................................. 10 Bush Administration Policy ..................................................................................................... 11 Overview ............................................................................................................................ 11 Administration Actions: 2001-2003 .................................................................................. 12 Tightened Sanctions in 2004 and 2005 ............................................................................. 13 July 2006 Commission for Assistance to a Free Cuba Report .......................................... 13 U.S. Reaction to Fidel’s Ceding of Power ........................................................................ 14 Issues in U.S.-Cuban Relations ..................................................................................................... 15 Debate on the Overall Direction of U.S. Policy ...................................................................... 15 Helms/Burton Legislation ....................................................................................................... 16 Major Provisions and Implementation .............................................................................. 16 Foreign Reaction and the EU’s WTO Challenge .............................................................. 18 Section 211 Trademark Provision ........................................................................................... 19 Agricultural Exports ................................................................................................................ 20 Legislative Initiatives ........................................................................................................ 22 Travel and Private Humanitarian Assistance Restrictions ....................................................... 23 Legislative Initiatives ........................................................................................................ 25 Offshore Oil Sector Development ........................................................................................... 26 Drug Interdiction Cooperation ................................................................................................ 27 Legislative Initiatives ........................................................................................................ 28 Cuba and Terrorism ................................................................................................................. 28 Cuba and Biological Weapons? ........................................................................................ 30 Cuba as the Victim of Terrorism ....................................................................................... 32 Guantanamo Naval Base ......................................................................................................... 33 Radio and TV Marti ................................................................................................................ 34 Debate on TV Marti .......................................................................................................... 35 Airborne Broadcasts.......................................................................................................... 36 FY2006 Funding ............................................................................................................... 36 FY2007 Request ............................................................................................................... 37 U.S. Funding to Support Democracy and Human Rights ....................................................... 37 Migration Issues ...................................................................................................................... 39 1994 and 1995 Agreements ............................................................................................... 39 Elian Gonzalez Case ......................................................................................................... 40 Wet Foot/Dry Foot Policy ................................................................................................. 40 Migration Talks ................................................................................................................. 41 Congressional Research Service Cuba: Issues for the 109th Congress Legislation Approved in
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