FORCE Act
- Sponsor
- Rep. Salazar, Maria Elvira [R-FL-27]
- Committees
- Foreign Affairs Committee (primary)
- Last action
- Jan 15, 2025
Bottom line
The FORCE Act aims to legally codify and strengthen existing restrictions on U.S. policy towards Cuba by making its removal from the terrorism list contingent on a comprehensive democratic transition.
What it actually does
This bill, known as the "FORCE Act," explicitly prohibits the President or the Secretary of State from removing Cuba from the list of state sponsors of terrorism. This prohibition remains in effect until the President certifies that a democratically elected government is in power in Cuba, as defined by Section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. The bill also clarifies the definition of "state sponsor of terrorism" by referencing existing U.S. statutes.
Proponents argue
Proponents argue that Cuba continues to harbor terrorists, support regimes hostile to U.S. interests, and oppress its own people, thus deserving its designation as a state sponsor of terrorism. They contend that removing Cuba from this list prematurely would legitimize the current Cuban regime, undermine human rights efforts, and send a dangerous signal to other state sponsors of terrorism. This bill ensures that any change in status is tied directly to fundamental democratic reforms and respect for human rights in Cuba, aligning U.S. policy with its stated values.
Opponents contend
Opponents might argue that maintaining Cuba on the state sponsors of terrorism list hinders diplomatic engagement, economic development, and humanitarian efforts, potentially exacerbating the suffering of the Cuban people. They may contend that the existing criteria for removal are already sufficient and that this bill adds an unnecessary and potentially counterproductive political hurdle, limiting the executive branch's flexibility to conduct foreign policy based on evolving geopolitical realities and national security interests. Some might also argue that the conditions for removal are overly stringent and effectively make it impossible for any administration to delist Cuba without a complete regime change, which is beyond the scope of U.S. influence.
The bill text is very short and straightforward, making it highly accessible for a quick read and easy to understand its core provisions.
Section 2(a)
Prohibition on Removal of Cuba from State Sponsors of Terrorism List
This section legally prevents any U.S. President or Secretary of State from taking Cuba off the list of state sponsors of terrorism. This prohibition will only be lifted if the President officially determines that Cuba has transitioned to a democratically elected government, as specifically outlined in a 1996 law known as the LIBERTAD Act. This means that until Cuba meets stringent democratic criteria, its designation as a state sponsor of terrorism is legally locked in place, removing executive discretion over this specific foreign policy action.
Supporters argue
Supporters argue this provision is crucial for maintaining pressure on the Cuban regime to transition to democracy and respect human rights. They believe it prevents any future administration from unilaterally easing restrictions without fundamental changes in Cuba, thereby upholding U.S. values and national security interests by isolating a regime that supports terrorism.
Critics contend
Critics might argue that this provision unduly ties the hands of the executive branch, limiting its ability to adapt foreign policy to changing circumstances or to use diplomatic engagement as a tool for reform. They may contend that such a rigid stance could entrench the current regime rather than encourage change, and that it could harm the Cuban people by perpetuating economic isolation.
Tradeoffs
The provision balances the desire for a democratic Cuba and accountability for past actions with the executive branch's need for flexibility in foreign policy and the potential for diplomatic engagement to foster change. It prioritizes a hardline stance and regime change over a more pragmatic approach that might involve conditional engagement.
Section 2(b)
Definition of State Sponsor of Terrorism
This subsection clarifies what the bill means by "state sponsor of terrorism." It specifies that this term refers to any country whose government the Secretary of State has determined repeatedly provided support for international terrorism, as defined under several existing U.S. laws, including the Export Control Reform Act of 2018, the Foreign Assistance Act of 1961, and the Arms Export Control Act, or any other relevant legal provision. This ensures the bill's reference to the list is consistent with established legal frameworks.
The bill conditions Cuba's removal from the State Sponsors of Terrorism list on the President making the determination described in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
Section 2(a)
Why it matters:This is standard legislative practice to avoid reprinting lengthy statutory text and to ensure consistency with existing law. It is not necessarily evasive but requires external research for full comprehension of the conditions.
Case for: Supporters would argue that referencing the LIBERTAD Act ensures continuity with long-standing U.S. policy towards Cuba, which has bipartisan support for democratic transition. It avoids redundancy and maintains a consistent legal framework.
Case against: Critics might argue that requiring reference to a decades-old, complex statute makes the conditions for delisting less transparent to the average reader and potentially inflexible in a changing geopolitical landscape.
Estimated impact: This reference sets extremely high bars for Cuba's delisting, effectively requiring a complete democratic transition and the establishment of a new government that respects human rights, holds free and fair elections, and allows for private enterprise.