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Friday, November 15, 2013

Cuba: U.S. Policy and Issues for the 113th Congress


Mark P. Sullivan
Specialist in Latin American Affairs

Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. In February 2013, Castro was reappointed to a second five-year term as president (until 2018, when he would be 86 years old), and selected 52- year old former Education Minister Miguel Díaz-Canel as his First Vice President, making him the official successor in the event that Castro cannot serve out his term. Raúl Castro has implemented a number of gradual economic policy changes over the past several years, including an expansion of self-employment. A party congress held in April 2011 laid out numerous economic goals that, if implemented, could significantly alter Cuba’s state-dominated economic model. Few observers, however, expect the government to ease its tight control over the political system. While the government reduced the number of political prisoners in 2010-2011, the number increased in 2012; moreover, short-term detentions and harassment have increased significantly. 

U.S. Policy 


Over the years, Congress has played an active role in shaping policy toward Cuba, including the enactment of legislation strengthening and at times easing various U.S. economic sanctions. While U.S. policy has consisted largely of isolating Cuba through economic sanctions, a second policy component has consisted of support measures for the Cuban people, including U.S. government-sponsored broadcasting (Radio and TV Martí) and support for human rights and democracy projects. The Obama Administration has continued this similar dual-track approach. While the Administration has lifted all restrictions on family travel and remittances, eased restrictions on other types of purposeful travel, and moved to reengage Cuba on several bilateral issues, it has also maintained most U.S. economic sanctions in place. On human rights, the Administration welcomed the release of many political prisoners in 2010 and 2011, but it has also criticized Cuba’s continued harsh repression of political dissidents through thousands of shortterm detentions and targeted violence. The Administration has continued to call for the release of U.S. government subcontractor Alan Gross, detained in 2009 and sentenced to 15 years in prison in March 2011. 

Legislative Activity 


Strong interest in Cuba is continuing in the 113
th Congress with attention focused on economic and political developments, especially the human rights situation, and U.S. policy toward the island nation, including sanctions. The continued imprisonment of Alan Gross remains a key concern for many Members. In March 2013, Congress completed action on full-year FY2013 appropriations with the approval of H.R. 933 (P.L. 113-6), which continues to provide funding for Cuba democracy and human rights projects and Cuba broadcasting (Radio and TV Martí). In July 2013, the Appropriations Committees reported out their versions of the FY2014 State Department, Foreign Operations, and Related Programs appropriations measure. The House version, H.R. 2855 (H.Rept. 113-185), would provide that $20 million in Economic Support Fund (ESF) aid ($5 million more than the Administration’s request) be transferred to the National Endowment for Democracy “to promote democracy and strengthen civil society in Cuba.” The Senate version, S. 1372 (S.Rept. 113-81), would provide that ESF aid appropriated for Cuba only be made available “for humanitarian assistance and to support the development of private business.” H.R. 2855 would also provide $28.266 million for Cuba broadcasting (Radio and TV Martí), while S. 1372 would provide $23.804 million, the same amount as the Administration’s request. Congress did not complete action on FY2014 appropriations before the beginning of the fiscal year on October 1, 2013, but in mid-October, it did approve the Continuing Appropriations Act, 2014 (P.L. 113-46) that continues funding, generally at FY2013 levels, until January 15, 2014. Congress still faces action on appropriations for the balance of FY2014.

In terms of Cuba sanctions, the House Appropriations Committee-reported version of the FY2014 Financial Services and General Government appropriations measure, H.R. 2786 (H.Rept. 113- 172), would prohibit FY2014 funding used “to approve, license, facilitate, authorize, or otherwise allow” people-to-people travel to Cuba, which the Obama Administration authorized in 2011. In contrast, the Senate Appropriations-reported version of the measure, S. 1371 (S.Rept. 113-80), would expand the current general license for professional research and meetings in Cuba to allow U.S. groups to sponsor and organize conferences in Cuba, but only if specifically related to disaster prevention, emergency preparedness, and natural resource protection.

Several other initiatives on Cuba have been introduced in the 113
th Congress. Several would lift or ease U.S. economic sanctions on Cuba: H.R. 214 and H.R. 872 (overall embargo); H.R. 871 (travel); and H.R. 873 (travel and agricultural exports). H.R. 215 would allow Cubans to play organized professional baseball in the United States. H.R. 1917 would lift the embargo and extend nondiscriminatory trade treatment to the products of Cuba after Cuba releases Alan Gross from prison. Identical initiatives, H.R. 778/S. 647 would modify a 1998 trademark sanction; in contrast, H.R. 214, H.R. 872, H.R. 873, and H.R. 1917 each have a provision that would repeal the sanction. H.Res. 121 would honor the work of Cuban blogger Yoani Sánchez. H.Res. 262 would call for the immediate extradition or rendering of all U.S. fugitives from justices in Cuba.

This report will be updated periodically during the 113
th Congress. For additional information, see CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Remittances.


Date of Report: October 25, 2013
Number of Pages: 68
Order Number: R43024
Price: $29.95


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Wednesday, November 13, 2013

Cuba: U.S. Restrictions on Travel and Remittances


Mark P. Sullivan
Specialist in Latin American Affairs

Restrictions on travel to Cuba have been a key and often contentious component in U.S. efforts to isolate Cuba’s communist government since the early 1960s. Under the George W. Bush Administration, restrictions on travel and on private remittances to Cuba were tightened. In March 2003, the Administration eliminated travel for people-to-people educational exchanges unrelated to academic coursework. In June 2004, the Administration further restricted family and educational travel, eliminated the category of fully-hosted travel, and restricted remittances so that they could only be sent to the remitter’s immediate family. Initially there was mixed reaction to the Administration’s June 2004 tightening of Cuba travel and remittance restrictions, but opposition to the policy grew, especially within the Cuban American community regarding the restrictions on family travel and remittances. 

Obama Administration Policy 


Under the Obama Administration, Congress took action in March 2009 by including two provisions in the FY2009 omnibus appropriations measure (P.L. 111-8) that eased restrictions on family travel and travel related to marketing and sale of agricultural and medical goods to Cuba. Subsequently, in April 2009, President Obama announced that his Administration would go further and allow unlimited family travel and remittances. Regulations implementing these changes were issued in September 2009. The new regulations also included the authorization of general licenses for travel transactions for telecommunications-related sales and for attendance at professional meetings related to commercial telecommunications.

In January 2011, the Obama Administration announced policy changes further easing restrictions on travel and remittances. The measures (1) increase purposeful travel to Cuba related to religious, educational, and people-to-people exchanges; (2) allow any U.S. person to send remittances to non-family members in Cuba and make it easier for religious institutions to send remittances for religious activities; and (3) permit all U.S. international airports to apply to provide services to licensed charter flights. These new measures, with the exception of the expansion of eligible airports, are similar to policies that were undertaken by the Clinton Administration in 1999, but subsequently curtailed by the Bush Administration in 2003-2004. 

Legislative Initiatives 


There were several attempts in the 112
th Congress aimed at rolling back the Obama Administration’s actions easing restrictions on travel and remittances, but none of these were approved. Several legislative initiatives were also introduced that would have further eased or lifted such restrictions altogether, but no action was taken on these measures.

To date in the 113
th Congress, the House version of the FY2014 Financial Services and General Government appropriations measure, H.R. 2786 (H.Rept. 113-172), would prohibit FY2014 funding used “to approve, license, facilitate, authorize, or otherwise allow” people-to-people travel to Cuba. In contrast, the Senate version of the measure, S. 1371 (S.Rept. 113-80), would expand the current general license for professional research and meetings in Cuba to allow U.S. groups to sponsor and organize conferences in Cuba, but only if specifically related to disaster prevention, emergency preparedness, and natural resource protection. Neither of these measures were considered by the beginning of FY2014 on October 1, 2013. Instead on October 16,
Congress approved a continuing resolution (P.L. 113-46) to fund FY2014 appropriations through January 15, 2014; it still faces action on appropriations for the balance of FY2014.

As in past Congresses, several legislative initiatives again have been introduced that would lift all travel restrictions: H.R. 871 (Rangel) would lift travel restrictions; H.R. 873 (Rangel) would lift travel restrictions and restrictions on U.S. agricultural exports; and H.R. 214 (Serrano), H.R. 872 (Rangel), and H.R. 1917 would lift the overall embargo, including travel restrictions.

For further information, see CRS Report R43024, Cuba: U.S. Policy and Issues for the 113
th Congress, by Mark P. Sullivan.


Date of Report: November 1, 2013
Number of Pages: 45
Order Number: RL31139
Price: $29.95


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