Cuba: U.S. Policy in the 116th Congress

Summary

Political and economic developments in Cuba, a one-party authoritarian state with a poor human rights record, frequently have been the subject of intense congressional concern since the Cuban revolution in 1959. Current Cuban President Miguel Díaz-Canel succeeded Raúl Castro in April 2018, but Castro continues to head Cuba’s Communist Party. Over the past decade, Cuba has implemented gradual market-oriented economic policy changes, although it has not taken enough action to foster sustainable economic growth. Most observers do not anticipate major policy changes under Díaz-Canel, at least in the short term; the president faces the enormous challenges of reforming the economy and responding to citizens’ desires for greater freedom.

U.S. Policy

Since the early 1960s, the centerpiece of U.S. policy toward Cuba has consisted of economic sanctions aimed at isolating the Cuban government. Congress has played an active role in shaping policy toward Cuba, including the enactment of legislation strengthening, and at times easing, U.S. economic sanctions. In 2014, however, the Obama Administration initiated a policy shift moving away from sanctions toward a policy of engagement. This included the restoration of diplomatic relations (July 2015), the rescission of Cuba’s designation as a state sponsor of international terrorism (May 2015), and an increase in travel, commerce, and the flow of information to Cuba implemented through regulatory changes.

President Trump unveiled a new policy toward Cuba in 2017 that increased sanctions and partially rolled back some of the Obama Administration’s efforts to normalize relations. In 2017, the State Department reduced the staff of the U.S. Embassy by about two-thirds in response to unexplained injuries of members of the U.S. diplomatic community in Havana; 26 individuals have been affected. The reduction has affected embassy operations, especially visa processing, and has made bilateral engagement more difficult. The most significant Trump Administration policy changes include restrictions on transactions with over 200 entities controlled by the Cuban military, intelligence, and security services (on a “restricted list” maintained by the State Department) and the elimination of people-to-people educational travel for individuals (such travel with a group specializing in educational tours is still permitted). In March 2019, the Administration ratcheted up economic pressure on Cuba by allowing certain lawsuits to go forward against those entities on the “restricted list” for trafficking in confiscated property in Cuba. In light of increased U.S. sanctions against the regime of Nicolás Maduro in Venezuela, the Administration has increased its criticism of Cuba’s military and intelligence support for the regime in Caracas.

Legislative Activity in the 116th Congress

In the Consolidated Appropriations Act, 2019 (P.L. 116-6, H.J.Res. 31) enacted in February 2019, Congress provided $20 million in Cuba democracy assistance ($10 million more than requested) and $29.1 million for Cuba broadcasting ($15.4 million more than requested).

Several legislative initiatives on Cuba have been introduced in the 116th Congress: H.R. 213 would waive certain prohibitions to allows nationals of Cuba to come to the United States to play organized professional baseball; S. 428 would repeal or amend many provisions of law restricting trade and other relations with Cuba; and H.R. 1898 would authorize private financing for U.S. agricultural sales to Cuba. S.Res. 14 and H.Res. 136 would express the sense of the Senate and House, respectively, that Cuba’s foreign medical missions constitute human trafficking; and H.Res. 92 would call for the extradition or rendering to the United States all fugitives from U.S. justice receiving safe harbor in Cuba. For more on legislative initiatives in the 116th Congress, see Appendix A.