Senator Leahy Criticizes Trump Administration’s Reactions to Alleged “Acoustic Attacks” on U.S. Diplomats in Cuba  

U.S. Senator Patrick Leahy (Dem., VT) on October 19 criticized the Trump Administration’s recent reactions to the alleged “acoustic attacks” on U.S. diplomats in Cuba.[1]

First, he points out that the Administration repeatedly has stated that despite intensive investigation, the U.S. does not know how or who caused the problems and that it does not believe Cuba did so. Nevertheless and illogically, the U.S. has reduced U.S. staffing of the Havana embassy, expelled 15 Cuban diplomats from the U.S. and issued a travel warning about Americans travel to Cuba.

Moreover, these U.S. reactions “are not only counter-productive to solve this mystery, but will inevitably punish the Cuban people, separate Cuban-Americans from their loved ones on the island, hurt U.S. companies interested in doing business in Cuba, and disrupt further progress between our countries on academic and cultural exchanges, negotiations over fugitives and property claims, public health, and maritime security.”

Second, “whoever is responsible for these attacks has a clear agenda: to sabotage the nascent rapprochement between the [U.S.] and Cuba. . . . While we don’t know who is responsible, we do know there is a clear motivation for our foreign adversaries, like Russia, to drive a wedge between the [U.S.] and Cuba to help achieve their geopolitical goals. And, as we are seeing increasingly around the world, when we disengage our adversaries rush in.”[2]

“Without a hint of evidence, nor a motive, linking  the Cuban government with these incidents,” Leahy said, “it appears as though our actions were driven by political expediency, not diplomacy.”

The next day, October 20, the State Department raised the number of affected diplomats from 22 to 24.[3] The Department’s spokesperson, Heather Nauert, said the two additional victims “do not reflect new attacks.” Instead, they are based on “medical evaluations of personnel who were affected by incidents earlier this year.” She added that the U.S. “can’t rule out additional new cases as medical professionals continue to evaluate members of the embassy community.”

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[1] Leahy, Punishing Without Evidence: The Trump Administration’s Gratuitous Steps To Roll Back Progress Between The United States and Cuba, Huff. Post (Oct. 19, 2017); Patrick Leahy: Moscow could benefit from increase  in tension between Washington and Havana, Diario de Cuba (Oct. 20, 2017).

[2]  A prior post reviewed the frantic pace of Cuba-Russian relations after the election of President Donald Trump, even more so after the eruption of U.S.-Cuba relations associated with the medical problems of U.S. diplomats.

[3] Assoc. Press, US Says 2 More American Victims Confirmed in Cuba Attacks, N.Y. Times (Oct. 20, 2017); Reuters, U.S. Says 24 People Harmed From Recent ‘Attacks’ in Cuba, N.Y. Times (Oct. 20, 2017).

Comments About Cuba by White House Press Secretary 

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. Prior posts discussed the ceremonial opening of the Cuban Embassy and the joint press conference later that day at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez. This post reviews the extensive July 20 comments about the U.S.-Cuba relationship by White House Press Secretary Josh Earnest.[1] A subsequent post will review the reactions to these events.

Emphasizing Secretary Kerry’s Comments

Josh Earnest
Josh Earnest

Earnest first underscored Secretary Kerry’s comments about the reopening of embassies by saying, “The [U.S.] welcomes today’s historic opening of the embassy of the [U.S.] in Havana, Cuba, and the opening of the Cuban embassy here in Washington, D.C.  Today’s openings are the result of respectful dialogue between the [U.S.] and the Republic of Cuba following the December 17th announcements by President Obama and President Raúl Castro to reestablish diplomatic relations between our two nations.”

“This is yet another demonstration that we don’t have to be imprisoned by the past.  We look forward to working collaboratively to normalize relations with the Cuban government and the Cuban people after more than a half-century of discord.  Beginning today, U.S. diplomats in Havana will have the ability to engage more broadly across the island of Cuba, with the Cuban government, Cuban civil society, and even ordinary Cuban citizens.”

“We look forward to collaborating with the Cuban government on issues of common interest, including counterterrorism and disaster response, and we are confident that the best way to advance universal values like freedom of speech and assembly is through more engagement with the Cuban people.”

U.S. Ambassador to Cuba

The Press Secretary said he did “not have a specific commitment in terms of when [a nominee for U.S. Ambassador to Cuba] would be announced or who that person would be.  We certainly do believe that U.S. interests in Cuba would be best represented by somebody serving as the ambassador there.” Later in the conference, when pressed, he said despite anticipated resistance to the appointment of anyone to that position by some Senate Republicans, he expected such an a nomination to be made by the President.

The “current Chief of Mission is a gentleman named Jeffrey DeLaurentis.  He is somebody who had previously served as the Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  He is somebody who has done two previous stints at the U.S. Interests Section in Havana, and somebody who has served in a wide variety of diplomatic roles, including as the political counselor to the U.S. Mission at the United Nations in Geneva, a political counselor at the U.S. embassy in Bogota, even did a stint here at the White House at the National Security Council.

So this is somebody . . . with a wide range of experience in a variety of roles, and we’ve got a lot of confidence in the ability of Ambassador DeLaurentis to represent U.S. interests on the island in Cuba.  But I certainly wouldn’t rule out that the President would nominate somebody to serve at the rank of ambassador at the U.S. embassy in Cuba.”

DeLaurentis’ “top agenda item will be to represent the interests of the [U.S.] on the island.  In some cases, that is going to involve making sure that U.S. businesses and U.S. individuals that are engaged in commercial activity on the island of Cuba, that their interests are represented and protected on the island.  That’s certainly one reason that we’ve seen some bipartisan support in Congress for this policy change.”

“But obviously diplomats who are working at the new U.S. embassy in Cuba will also have the ability to more freely travel throughout Cuba and to interact and engage the Cuban people and, yes, even some members of the political opposition.  And we believe that that will better represent the interest of the [U.S.] on the island.”

Cuban Human Rights.

The change in U.S. policy regarding Cuba “is consistent with the national security interests of the [U.S. and] . . . with the kinds of values that this President and previous Presidents have aggressively advocated all around the world.  Those values are the respect for the basic human rights that we hold dear in this country — freedom of speech, freedom of assembly, freedom of religion, freedom of the press.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

U.S. Leverage To Effect Change in Cuba.

As a result of the change in U.S. policy regarding Cuba, the U.S. will “have the leverage of the other countries in the Western Hemisphere that now are no longer distracted by the U.S. embargo against Cuba. . . . In fact, . . . we’ve remove[d] that irritant and allowed the rest of the Western Hemisphere to focus more closely on the conduct and policies of the Cuban government. That certainly is a positive development.”

“[A]ny perceived leverage [for the U.S.] that was included in an embargo did not succeed in generating the kind of outcome that its most ardent advocates believe is important.  We didn’t see the kind of progress on human rights reforms that we would like to see while that embargo was in place.”

That is “why the President has called for the removal of the embargo and . . . to take steps to restore diplomatic ties between our two nations. [T]he policy of isolation . . . [has] failed and it was time to try a different approach to succeed in achieving the goal that we all share, which is a Cuba that thrives and a Cuban government that respects and even protects the basic human rights of their citizens.”

“[P]art of this agreement included ensuring that Cuban citizens have greater access to the Internet and greater access to information, and we believe that, equipped with that knowledge, that that’s a good thing for the Cuban people.”

“What is persuasive [about this enhanced U.S. leverage] is that most public polls indicate that upwards of 90 percent of the Cuban population actually support this policy change. . . . [This] is an indication that it’s not just the U.S. interests that are best served by this policy; it’s actually the interests of the Cuban people that are best served by this policy as well.”

This “is something that we can evaluate in the years to come.  I certainly am not going to make you wait 55 years to evaluate the success of this policy, but it’s clear that the previous policy could be evaluated over 55 years and it clearly did not bring about the kind of results that we’d like to see.”

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[1] White House, Press Briefing by Press Secretary Josh Earnest, 7/20/15.

Joint Press Conference of U.S. Secretary of State John Kerry and Cuba Foreign Minister Bruno Rodriguez  

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. A prior post discussed the ceremonial opening of the Cuban Embassy. This post covers that afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez.[1] Subsequent posts will review comments about U.S.-Cuba relations offered by the White House Press Secretary at a July 20 press conference and the reactions to these events.

Bruno Rodriguez & John Kerry @ U.S. State Department
Bruno Rodriguez & John Kerry @ U.S. State Department

Secretary Kerry’s Opening Statement

The conference was opened by Kerry, saying it was “an historic day; a day for removing barriers.” This day was welcomed by the U.S. as a “new beginning in its relationship with the people and the Government of Cuba. We are determined to live as good neighbors on the basis of mutual respect, and we want all of our citizens – in the U.S. and in Cuba – to look into the future with hope. Therefore we celebrate this day . . . because today we begin to repair what was damaged and to open what has been closed for many years.”

His prior discussion with Minister Rodriguez, Kerry said, “touched on a wide range of issues of mutual concern including cooperation on law enforcement, counter-narcotics, telecommunications, the internet, environmental issues, human rights, including trafficking in persons. And of course, we also discussed the opening of our embassies.”

This milestone, however, Kerry added, “does not signify an end to differences that still separate our governments, but it does reflect the reality that the Cold War ended long ago, and that the interests of both countries are better served by engagement than by estrangement, and that we have begun a process of full normalization that is sure to take time but will also benefit people in both Cuba and the United States.” Indeed, “the process of fully normalizing relations between the United States and Cuba will go on. It may be long and complex. But along the way, we are sure to encounter a bump here and there and moments even of frustration. Patience will be required. But that is all the more reason to get started now on this journey, this long overdue journey.”

Foreign Minister Rodriguez’s Opening Statement

Rodriguez opened in English by saying he had “a constructive and respectful meeting with [the] Secretary . . . [and] an exchange on the issues discussed by Presidents Raul Castro and Barack Obama during their historical encounter at the Summit of the Americas in Panama, the current status of the bilateral relations, and the progress achieved since the announcements of December 17th, 2014, including Cuba’s removal from the list of state sponsors of terrorism and the expansion of official exchanges on issues of common interest, and the re-establishment of diplomatic relations and the reopening of embassies.”

The Cuban people and government recognize “President Obama for his determination to work for the lifting of the blockade, for urging Congress to eliminate it, and for his willingness to adopt executive measures that modify the implementation of some aspects of this policy. Their scope is still limited, but these are steps taken in the right direction.”

Cuba also “emphasized that, in the meantime, the President of the [U.S.] can continue using his executive powers to make a significant contribution to the dismantling of the blockade, not to pursue changes in Cuba, something that falls under our exclusive sovereignty, but to attend to the interests of U.S. citizens.”

Rodriguez also “emphasized that the total lifting of the blockade, the return of the illegally occupied territory of Guantanamo, as well as the full respect for the Cuban sovereignty and the compensation to our people for human and economic damages are crucial to be able to move towards the normalization of relations.”

“We both ratified our interest in normalizing bilateral relations, knowing that this will be a long and complex process, which will require the willingness of both countries. There are profound differences between Cuba and the [U.S.] with regard to our views about the exercise of human rights by all persons all over the world, and also issues related to international law, which will inevitably persist. But we strongly believe that we can both cooperate and coexist in a civilized way, based on the respect for these differences and the development of a constructive dialogue oriented to the wellbeing of our countries and peoples, and this continent, and the entire world.”

He also “expressed to the Secretary of State that he will be welcome in Cuba on the occasion of the ceremony to reopen the U.S. embassy in Havana [on August 14].”

Rodriguez then essentially repeated these comments in his native Spanish language. He also “reiterated our invitation to all U.S. citizens to exercise their right to travel to Cuba, as they do to the rest of the world, and to the companies of that country to take advantage on an equal footing of the opportunities offered by Cuba.”

Question and Answer Session

The press then asked the following questions, and the two officials provided these answers.

  1. QUESTION: The first question had the following three parts: (a) What was the U.S. position with respect to Rodriguez’ statement that only the lifting of the trade embargo and the return of Guantanamo Bay would lend meaning to today’s historic events and that Cuba did not want any U.S. interference in its domestic policies? (b) What changes in Cuban human rights would the U.S. be pursing? (c) What changes would Cuba be willing to make at the request of the U.S. before the lifting of the embargo and return of Guantanamo?

SECRETARY KERRY: “[T[here are things that Cuba would like to see happen; there are things the United States would like to see happen.” But that does not mean that these things will happen.

“With respect to the embargo, President Obama . . . has called on Congress to lift the embargo.” The Administration hopes “that the embargo at the appropriate time will in fact be lifted and that a great deal more foundation can be built for this relationship.”

At this time, there is no discussion and no intention on our part at this moment to alter the existing [Guantanamo Bay] lease treaty or other arrangements with respect to the naval station, but we understand that Cuba has strong feelings about it. I can’t tell you what the future will bring but for the moment that is not part of the discussion on our side.”

The U.S., on the other hand, has “expressed and we will always express – because it’s part of the United States foreign policy; it’s part of our DNA as a country – and that is our view of human rights and our thoughts about it. We have shared good thoughts on that. We’ve had good exchanges. And as you know, part of this arrangement that took place involved an exchange of people as well as the release of some people. And our hope is that as time goes on, we’ll continue to develop that.”

What we did talk about today was how to further the relationship most effectively, and perhaps through the creation of a bilateral committee that might work together to continue to put focus on these issues.”

FOREIGN MINISTER RODRIGUEZ: “In recent times, the U.S. Government has recognized that the blockade against Cuba is a wrong policy, causing isolation and bringing about humanitarian damages and privations or deprivations to our people, and has committed to engage Congress in a debate with the purpose of lifting the blockade. . . . [T]he President of the U.S. [also] has adopted some executive measures which are still limited in scope but which are oriented in the right direction.”

In exchanges with Secretary Kerry we “have not spoken about conditions but rather about the need to move on through the dialogue on the basis of sovereign equality and mutual respect and create a civilized behavior, despite the profound differences that exist between both governments, to better attend to the interests of our respective peoples.”

“[I]t is very important that today a [Cuban] embassy was reopened in Washington and that diplomatic instruments could be created ensuring full mutual recognition, which is a practical contribution to the development of bilateral dialogue. . . . [For] Cuba, the normalization of relations presupposes the solution of a series of pending problems, [including] “the ceasing of the blockade against Cuba, the return of the territory of Guantanamo, and the full respect for the sovereignty of our country.” We also confirmed “that there are conditions . . . [for expanding] the dialogue . . . with the purpose of expanding mutually beneficial cooperation between our . . . countries and, of course, taking into account the fact that the situation between the U.S. and Cuba is asymmetric because our . . . country has not implemented any discriminatory policy against American citizens or enterprises. Cuba does not implement any unilateral coercive economic measure against the U.S. Cuba does not occupy any piece of U.S. territory. Precisely through the dialogue, we are supposed to create the proper conditions to move on towards the normalization of relations.”

  1. QUESTION: This was a three-part question: (a) What are the advantages [for Cuba’s having an embassy in the U.S,] taking into consideration that the blockade is still in place? (b) What are the advantages for the U.S.’ having an embassy in Havana? (c) Will the U.S. in the future respect the Vienna Conventions on Diplomatic Relations?

FOREIGN MINISTER RODRIGUEZ: “The fact that diplomatic relations have been re-established and that embassies have been reopened in both capitals shows first and foremost the mutual willingness to move on towards the improvement of the relations between our both countries. Second, new instruments are [being] created to further deepen this dialogue. . . . Third, . . . the basis for the normal functioning of these diplomatic missions would be the purposes and principles enshrined in the U.N. Charter: the principles of international law and the regulations containing the Vienna Conventions on diplomatic and consular relations. Therefore, we have reached agreements in these areas, and I can say that Cuba would absolutely respect those provisions. Cuban diplomats will strictly abide by those rules, and we will create in Cuba every necessary condition for the normal functioning of the new U.S. Embassy in our country.”

SECRETARY KERRY: Part “of the negotiations leading up to the opening of the embassies was . . . coming to agreement with respect to all of the diplomatic functions. . . . [That led to an] “agreement which is in accord with the Vienna Conventions and meets both of our countries’ understandings of what is needed and what is appropriate at this moment in time. It could be subject to change later in the future, obviously, but for the moment we are satisfied and we are living within the structure of the Vienna Convention.”

  1. QUESTION: A three-part question: (a) In “your discussions today, did you establish any sort of road map for talks going forward? (b) If so, what are your priorities? (c) As a result, do you envision a political opening in Cuba on issues such as greater freedom of speech and assembly, and also the legalization of opposition parties?”

FOREIGN MINISER RODRIGUEZ: We will “welcome Secretary Kerry in the next few weeks in Havana to continue our talks, to establish the appropriate mechanisms to expand the dialogue in areas related to bilateral cooperation oriented to the common benefit, and to retake our talks about the substantial aspects of the bilateral relations I have mentioned before, which will determine this process towards the normalization of relations.”

The “political opening in Cuba happened in the year 1959. . . . We Cubans feel very happy with way in which we manage our internal affairs. We feel optimistic when it comes to the solution of our difficulties and we are very zealous of our sovereignty, so we will maintain in permanent consultations with our people to change everything that needs to be changed based on the sovereign and exclusive willingness of Cubans.”

  1. QUESTION: A four-part question: (a) Is “this new era of relations with Cuba [based on a] recognition that the U.S. policies of isolating countries in Latin America that differ from . . . [U.S.] political views don’t work?” (b) “Do the recent trips to Caracas of Mr. Thomas Shannon [of the U.S. State Department] . . . [constitute a] beginning of trying to rebuild the relationship with Venezuela?” (c) Is it possible [for Cuba] to have relations with the U.S. when the U.S. is giving every signal that it is not willing to lift the blockade or the embargo as it is called here and cannot withdraw from Guantanamo?” (d) Has the U.S. after failing to change Cuba from the outside “now implemented a creative way to try to change Cuba from the inside?”

FOREIGN MINISTER RODRIGUEZ: The “fact that diplomatic relations are being established and that we are reopening both embassies is a show of the mutual willingness to move on towards the normalization of bilateral relations.” [Last] December President Obama recognized that the U.S. policy against Cuba had been wrong, causing damages and hardships to the Cuban people, and causing isolation to the U.S.”

The “re-establishment of diplomatic relations and the opening of embassies are appreciated by my country as a signal of progress towards a civilized relationship, despite the differences, and it would lend some meaning only if the blockade is lifted, if we are able to solve the pending problems for more than one century, and if we are able create a new type of relationship between the U.S. and Cuba different from what has existed all along the history.”

Cuba feels “that [President Obama’s] recognition of the need to lift the blockade against Cuba, that during the talks that we have had, including this morning’s talks, we have perceived respect for Cuba’s independence to the full determination of our people, [that the two countries] have talked, on the basis of absolute equal sovereignty despite differences shows that the dialogue is fruitful and that the U.S. and Cuba, by a mandate of the American people and the Cuban people, are in the condition to move on towards a future of relations different from the one accumulated throughout our history, responding precisely to the best interests of our citizens.”

“There is an international order. International law is recognized as the civilized behavior to be adopted by states. There are universally accepted principles, and these have been the ones who have allowed us to reach this date and the ones that . . . will reorient our behavior in our relations in the future.”

SECRETARY KERRY: With respect to Cuba, “passions ran deep . . . to this day in the [U.S.]. There are many Cuban-Americans who have contributed in so many ways to life in our country, some of whom are still opposed to a change, some of whom believe it is time to change.”

“When I served in the [U.S.] Senate, there were many of us who believed over a period of time that our policy of isolating [Cuba] was simply not working; we were isolating ourselves in many ways. And we felt that after all those years it was time to try something else. President Obama is doing that now. And it is clear that we have chosen a new path, a different path. Already, people tell me who have visited Cuba that they feel a sense of excitement, a sense of possibility. And I am convinced that as we work through these issues we are going to find a better path forward that speaks to the needs of both peoples, both countries.”

With respect to Venezuela, Counselor of the State Department, Ambassador Tom Shannon has had several conversations with the Venezuelans. We had a very productive conversation prior to the Summit of the Americas in Panama. The [U.S.] has said many times we would like to have a normal relationship with Venezuela and have reached out in an effort to try to change the dialogue, change the dynamics. There are differences that we have with President Maduro and his government, and we raise those differences and we talk about them.”

“Just today, Foreign Minister Rodriguez and I talked specifically about Venezuela and our hopes that we can find a better way forward, because all of the region will benefit if no country is being made a scapegoat for problems within a country, and in fact, all countries are working on solving those problems.”

“We hope that our diplomatic relations with Cuba can encourage not only greater dialogue with Venezuela but perhaps even efforts to try to help Colombia to end its more than 50-years war and perhaps even other initiatives.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

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[1] U.S. Dep’t of State, Press Availability with Cuban Foreign Minister Bruno Rodriguez (July 20, 2015). A video and audio recording of the press conference is available on C-Span.

 

More House Republican Efforts To Impede U.S.-Cuba Reconciliation

Republicans in the U.S. House of Representatives continue inserting into appropriation bills provisions to impede U.S.-Cuba reconciliation. Here are three more.

Department of Defense Appropriation Act, 2016 [1]

On June 11, the House passed, 278-149, the Department of Defense Appropriation Act, 2016 (H.R.2685). According to the Appropriations Committee press release, the bill would provide $578.6 billion to fund “critical national security needs, military operations abroad, and health and quality-of-life programs for the men and women of the Armed Forces and their families.”

The bill also would bar the use of funds (i) “to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or [other non-U.S. citizens or non-members of U.S. Armed Forces at Guantanamo Bay Cuba on or after June 24, 2009] (Section 8100); (ii) “to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any [such] individual” (Section 8101); and (iii) “to transfer any individual detained at . . . Guantanamo Bay, Cuba, to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity except in accordance with section 1035 of the National Defense Authorization Act for Fiscal Year 2014” (Section 8102).

Also on June 11 the Senate Appropriations Committee approved, 27-3, its defense- funding bill for $575.9 billion. Although only three Democrats voted against the bill, the Democrats’ leaders said they would block the bill on the floor because it continues the sequestration of funding, which they oppose. However, the committee did vote 18-12 to adopt a measure by Senator Jeanne Shaheen (Dem, NH) to express the sense of the Senate that the budget caps should be lifted.

Moreover, Democratic senators are threatening to block consideration of all spending bills unless the Republicans agree to a budget summit. In addition, the White House is threatening to veto any such measure that has the sequestration caps.

A motion to amend the bill was offered by Democratic Senators Dick Durbin (IL) and Diane Feinstein (CA) to allow the Obama administration to transfer Guantánamo Bay detainees to maximum-security prisons in the U.S., but it was defeated, 14-16.
Durbin argued that it cost $3.2 million per year to house a detainee at the Cuban prison, versus $70,000 at a super-max facility in the U.S. while Sen. Lindsey Graham (R-S.C.), a retired Air Force colonel and a 2016 presidential candidate, argued the funding for Guantánamo is “money well spent” and hoped “we fill the damn place up.”

The White House has threatened a veto of these bills over insufficient funding and the above provisions relating to Guantanamo Bay, Cuba.

State Department Appropriations Act FY 2016 [2]

On June 11 the House Appropriations Committee unanimously approved the appropriations bill for the State Department and Foreign Operations for FY 2016. It would provide nearly $47.8 billion, which is 11% ($869 million) less than the White House’s request.[3]

The bill contains provisions that impede U.S.-Cuba reconciliation. The main one is Section 7045 (c)(3)(A) (pp. 175-76), that would bar the use of funds (i) “for the establishment or operations of a United States diplomatic presence, including an Embassy, Consulate, or liaison office, in Cuba beyond that which was in existence prior to December 17, 2014;” or (ii) “to facilitate the establishment or operation of a diplomatic mission of Cuba, including an Embassy, Consulate, or liaison office, in the United States beyond that which was in existence prior to December 17, 2014.”[4]

There are still other references to Cuba in the bill. Section 7045 (c)(1) allocates $30 million “to promote democracy and strengthen civil society in Cuba: Provided, That no funds shall be obligated for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy-building as expressly authorized in the Cuban Liberty and Solidarity (LIBERTAD)Act of 1996 and the Cuban Democracy Act (CDA) of 1992.” Section 7045 (c)(2) prohibits use of certain funds to establish any organization to carry out the existing broadcasting and related programs for Latin America and the Caribbean region or to alter the structure of Cuba Broadcasting. Others are Section 7007 (p. 64)(no funds for “assistance or reparations for the governments of Cuba, North Korea, Iran or Syria”); and Section 7015 (f) (p. 76-81)(no funds for assistance to Cuba and certain other countries).

Reacting to the Committee’s previous release of a draft of the bill, the White House budget director Shaun Donovan said the funding level “will pose a significant constraint on USAID and the Department of State’s ability to conduct diplomatic engagement. Taken together, these cuts would impede our ability to conduct effective diplomacy and development, essential components of our national security,” Donovan also criticized the ban on funds for a new embassy in Havana. He said it would interfere with the executive branch’s ability “to make the best decisions consistent with our national security.”

The bill also has a provision to withhold 15 percent of the State Department’s operational funds, unless it turns over documents faster to the congressional panel investigating the assault on the U.S. diplomatic compound in Benghazi, Libya.

Treasury Department Appropriations Act FY 2016[5]

On June 10 the Appropriations Committee released the draft Financial Services Bill FY 2016. According to the Committee’s press release, the bill allocates $20.2 billion for the Treasury Department, the Judiciary, the Small Business Administration, the Securities and Exchange Commission and several other agencies. It purportedly prioritizes “critical national programs to enforce U.S. laws, maintain a fair and efficient judicial system, and help small businesses grow.” It also “reduces or eliminates lower-priority programs and cuts funding to poor-performing agencies—including an $838 million reduction to the Internal Revenue Service.”

The Committee’s press release also discloses that the bill contains prohibitions on (a) “travel to Cuba for educational exchanges not involving academic study pursuant to a degree program;” (b) “importation of property confiscated by the Cuban Government;” and (c) “financial transactions with the Cuban military or intelligence service.” I searched, but could not find these provisions in the 156-page draft bill, and I solicit comments to identify these provisions. Here is an outline of the bill to assist in such an endeavor

Title Pages Subject
I 2-27 Department of Treasury
II 27-41 Executive Office of the President
III 42-50 Judiciary
IV 51-61 District of Columbia
V 61-96 Independent Agencies
VI 96-111 General Provisions—This Act
VII 111-146 General Provisions—Government-Wide
VIII 146-156 General Provisions—District of Columbia
IX 156 Additional General Provision

The draft bill on June 11 was submitted for markup to the Financial Services and General Government Subcommittee, but so far no information is available about the result of that markup. It will be before the full Committee for markup on June 17th.

Conclusion

I already have expressed my disgust at these anti-reconciliation measures and at the tactic of including them in appropriations bills and thereby running the risk of partial or complete government shutdown if the President vetoes some or all of such bills.

Therefore, all supporters of U.S.-Cuba reconciliation should contact their representatives and senators to urge them to seek to eliminate these provisions. Contact information for senator and representatives is available online.

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[1] Department of Defense Appropriations Act 2016 (H.R. 2685); House Appropriations Comm., Press Release: House Appropriations Committee House Releases Fiscal 2016 Defense Bill (May 19, 2015); House Appropriations Comm., Press Release: House Passes Fiscal Year 2016 Defense Appropriations Bill (June 11, 2015); Matishak & Wong, OVERNIGHT DEFENSE: House passes defense spending bill, The Hill (June 11, 2015); Assoc. Press, House Passes Defense Spending Bill, N.Y. Times (June 11, 2015).

[2] House App. Comm., Draft Bill Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes (June 2, 2015); House App. Comm, Press Release: Appropriations Committee Releases Fiscal Year 2016 State and Foreign Operations bill, (June 2, 2015); Reuters, U.S. House Panel Seeks to Ban Funding for U.S. Embassy in Cuba, N.Y. Times (June 2, 2015); House Appropriations Comm., Press Release: Appropriations Committee Approves Fiscal Year 2016 State and Foreign Operations Bill (June 11, 2015); Matishak, Funding bill advances despite criticism of Benghazi provision, The Hill (June 11, 2015), Shabab, WH budget chief: GOP spending bill would interfere with diplomacy, The Hill (June 10, 2015); Assoc. Press, House Panel Oks Bill Punishing State Over Benghazi Response, N.Y. Times (June 11, 2015).

[3] A prior post discussed the draft of this bill.

[4] The above prohibited use of funds would “not apply if the President determines and reports to the appropriate congressional committees that the government in Cuba has met the requirements and factors specified in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065).” (Section 7045 (c )(3)(B).)

[5]  House Appropriations Comm., Press Release: Appropriations Committee Releases Fiscal Year 2016 Financial Services Bill (June 10, 2015); House Appropriations Comm., A Bill Making appropriations for financial services and general government for the fiscal year ending September 30, 2016 and for other purposes (June 10, 2015);  Shabad, House Republicans propose $838 million cut to IRS, The Hill (June 10, 2015).