EMBARGO UPDATE: Cuba Amendments on the Move

Prepared by Brian Alexander, Cuba Policy Foundation

Monday, August 5, 2002

 

In July, the House and Senate have taken strong steps toward easing the Cuban embargo. 

 

IN THE HOUSE, on July 23, three amendments to Treasury-Postal Appropriations bill (TPO) passed that ease elements of the Cuban embargo.  (See below for amendment texts, vote links.)  The amendments end funding for enforcement of the travel ban (Jeff Flake (R-AZ)), lift the cap on remittances to Cuba (Flake), and end restrictions on private finance of U.S. farm sales to Cuba (Jerry Moran (R-KS)).  The House defeated a measure by Rep. Charles Rangel (D-NY) that would have ended funding for the entire embargo, by 204-226, a slight gain over the 201 votes it received in a 2001vote.

 

In a significant defeat for House embargo supporters, an amendment to TPO offered by Rep. Porter Goss (R-FL), which would have required Presidential certification that Cuba is not engaged in international terrorism before any changes to the travel ban take effect, lost by 182-247.

 

IN THE SENATE, Sen. Byron Dorgan (D-ND) introduced language to the Senate version of the TPO bill that would end funding of the travel ban, and Senator Arlen Specter (R-PA) has proposed $3 million toward counternarcotics cooperation with Cuba in the 2003 Foreign Operations spending bill.  The Dorgan amendment is nearly identical to the Flake amendment that passed in the House.  The Specter language is in response to great need and opportunity for U.S.-Cuban cooperation against Caribbean-based narco-trafficking.  Cuba has counter-narcotics agreements with 23 governments, and many, including Cuba Policy Foundation, believe that the U.S. would benefit from such an agreement.

 

THE NEXT STEPS are to see the Senate version of the TPO bill through to passage, with Cuba amendments intact, and to pay close attention to the Senate's provision to fund of counternarcotics cooperation with Cuba.  Then, the House and the Senate will meet in conference committee to negotiate on the final language of their respective versions of the bills and send the bills to the President's desk for signing into law.

 

During conference committee, the House leadership will weigh-in heavily against any Cuba language.  However, the fact that some of such language appears in both versions of a bill will make it procedurally more difficult for House leaders to move against the Cuba provisions.  Moreover, that bipartisan and bicameral majorities support the Cuba language raises the prominence of the language and the importance that it appear in the final version that goes to the President.

 

THE WHITE HOUSE has hinted at a veto of TPO if the bill contains language easing the Cuban embargo.  There is no word on the White House position on the Specter language. 

 

However, the President faces significant obstacles to vetoing bills with Cuba language.  First, easing the Cuban embargo is broadly supported by Republicans and Democrats in the House and Senate, and public opinion polls indicated that the majority of the American people also support a change in policy.  Secondly, to veto an appropriations bill would be a very difficult decision, particularly during an election year, and particularly when the measures in the bill are so widely supported.

 

The key question will be whether or not the White House can be persuaded to step away from a veto threat.  The national consensus on Cuba is shifting, even among the Cuban-American community, and the two sides of the Cuban debate share much common ground regarding the Castro government and the need fro political and economic reform in Cuba.  Whether through compromise or through political maneuvering the President and the Congress can agree on including Cuba language is what will fuel the debate in the weeks ahead.

  

Again, thank you for your support and your leadership in the Cuban embargo debate.  If you have any questions or comments, please contact Cuba Policy Foundation.

 

HOUSE AMENDMENTS ON CUBA to Treasury-Postal FY2003 appropriations (107 H.R. 5120), July 23, 2002:

 

GOSS AMENDMENT ON CUBA to HR5120 (Failed 182-247; Roll Call 330):

 

    Sec. 647. Any limitation in the Act on the use of funds to administer or enforce regulations restricting travel to Cuba or transactions related to travel to Cuba shall apply only after the President has certified to the Congress that the Cuban Government --

 

        (1) does not posess and is not developing a biological weapons program that threatens the homeland security of the United States;

 

        (2) is not providing to terrorist states or terrorist organizations technology that could be used to produce, develo, or deliver biological weapons; and

 

        (3) is not providing support or sanctuary to international terrorists.

 

See the vote: http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=330.

 

 

FLAKE TRAVEL AMENDMENT (Passed 262-167; Roll Call 331)

 

   AMENDMENT NO. 1: At the end of the bill, insert after the last section (preceding the short title) the following new section:

 

    SEC. __. (a) None of the funds made available in this Act may be used to administer or enforce part 515 of title 31, Code of Federal Regulations (the Cuban Assets Control Regulations) with respect to any travel or travel-related transaction.

 

    (b) The limitation established in subsection (a) shall not apply to the issuance of general or specific licenses for travel or travel-related transactions, and shall not apply to transactions in relation to any business travel covered by section 515.560(g) of such part 515.

 

See the vote:  http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=331.

 

 

MORAN FARM FINANCE AMENDMENT (Passed on Voice Vote)

 

   AMENDMENT NO. 6: At the end of the bill, insert after the last section (preceding the short title) the following new section:

 

    SEC. __. None of the funds made available in this Act may be used to implement any sanction imposed by the United States on private commercial sales of agricultural commodities (as defined in section 402 of the Agricultural Trade Development and Assistance Act of 1954) or medicine or medical supplies (within the meaning of section 1705(c) of the Cuban Democracy Act of 1992) to Cuba (other than a sanction imposed pursuant to agreement with one or more other countries).

 

 

FLAKE REMITTANCE CAP AMENDMENT (Passed 251-177; Roll Call 332):

 

H.AMDT.553 (A006)

Amends: H.R.5120

Sponsor: Rep Flake, Jeff(offered 7/23/2002)

 

AMENDMENT PURPOSE:

An amendment numbered 20 printed in the Congressional Record to prohibit funds in the bill from being used to enforce any restriction on remittances to nationals of Cuba covered by the Code of Federal Regulations.

 

See the vote:  http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=332.

 

 

RANGEL EMBARGO DEFUNDING AMENDMENT (Failed: 204-226; Roll Call 333)

 

   AMENDMENT NO. 5: At the end of the bill, insert after the last section (preceding the short title) the following new section:

 

    SEC. __. None of the funds made available in this Act may be used to implement, administer, or enforce the economic embargo of Cuba, as defined in section 4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114), except those provisions that relate to the denial of foreign tax credits or to the implementation of the Harmonized Tariff Schedule of the United States.

 

See the vote:  http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=333.

 

For more information, please contact Cuba Policy Foundation.