[Congressional Record Volume 152, Number 48 (Thursday, April 27, 2006)]
[Senate]
[Pages S3717-S3718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 2682. A bill to exclude from admission to the United States aliens 
who have made investments directly and significantly contributing to 
the enhancement of the ability of Cuba to develop its petroleum 
resources, and for other purposes; to the Committee on the Judiciary.
  Mr. NELSON of Florida. Mr. President, I rise today to respond to the 
comments of several of our Senate colleagues. Many of my friends across 
the aisle have recently spoken about Fidel Castro's announcement that 
he plans to begin drilling for oil off the coast of Cuba. This means 
that oil rigs will be operating just 50 miles from the Coast of Florida 
and near the Florida Keys National Marine Sanctuary. My colleagues 
argue that if Castro can drill 50 miles from Florida, American 
companies must have the right to meet them on the same playing field 
and beat them at their own game. This line of reasoning, however, has 
several flaws.

[[Page S3718]]

Since when have we made any law or set any business or environmental 
standard using Cuba as a model? I am astounded that we would attempt to 
justify our actions by holding up Castro's actions as an example to 
follow.
  The answer to Castro's outrageous proposal to drill 50 miles from 
Florida is not to kick off a race to see who can set up the most rigs 
in our precious coastal waters--the answer is to hit back hard and fast 
to stop Castro from drilling so close to our shores.
  At the same time, it is important to keep in mind that this debate, 
at its heart, is not about Castro. Preventing drilling off the coast of 
Florida is about preserving one of America's most important coastlines: 
a stretch of precious land and sea where critical environmental, 
economic and military assets overlap. What is truly important to 
understand in this debate is how inextricably linked these three 
elements of our national interest are: environmental protection is 
critical to the tourism industry that is the economic backbone of the 
southeastern United States, and above it all, our military uses this 
protected area for essential land-, air- and sea exercises and testing.
  Florida, as a community and an economic entity, has worked hard, 
tremendously hard, to build a $62 billion tourism industry employing 
nearly 1 million citizens. This industry would not exist on such a 
large, vital scale without the unique and precious environment that is 
the beauty and essence of our state. Florida is windswept beaches, 
clear blue water, and the great ``River of Grass'' itself--the 
Everglades. And all of these wonders of nature are inhabited by some of 
America's most beautiful and exotic wildlife: manatees, crocodiles, 
panthers and ospreys. We have learned the hard way that failing to 
protect our environment has deadly consequences, consequences that will 
have a stark impact on the very tourism industry that support so many 
families in our state. In fact, Congress has invested some $8 billion 
in restoring this remarkable ecosystem. Now that investment is put at 
risk.
  In January 1969, an explosion at a California offshore drilling site 
caused a 200,000-gallon crude oil spill off the coast. While small in 
comparison to other spills, that incident dealt a devastating blow to 
neighboring beaches and aquatic life. As tides brought an 800-square-
mile slick ashore, oil coated 35 miles of the coastline, blackening 
beaches and killing thousands of birds, dolphins, seals, fish and other 
wildlife. A national outcry followed, and sparked a movement that led 
to legal bans on drilling on the Outer Continental Shelf, including the 
eastern Gulf of Mexico off of Florida.
  This wise ban is now at risk--nearly 40 years after that deadly spill 
in California, must we be doomed to repeat the past? After so many 
years and so much additional economic and environmental research, we 
know better than ever that the real value lies in protecting the 
tourism industry and its environmental foundation. I refuse to see the 
long-standing consensus against drilling off of Florida scrapped for 
the sake of ``keeping up with the Castros.''
  And, finally, I would like to draw my colleagues' attention to the 
grave consequences that oil drilling poses not only to America's 
beaches and environment, but also to our national interests and foreign 
policy. We must do all we can to prevent Castro from drilling for oil 
so close to the shores of Florida. Foreign oil companies must not 
provide the props to support Castro's regime without facing stiff 
penalties.
  For all of these reasons, I am introducing legislation today that 
will nullify the agreement that defines the maritime borders between 
the United States and Cuba. This agreement was negotiated in 1977--a 
different era--when oil drilling so close to our shores was not 
contemplated. The agreement draws a line through the middle of the 90 
miles of ocean that separate our two countries. Without this line, 
foreign oil companies have no legal basis for exploring in waters that 
are claimed by both the U.S. and Cuba. We cannot allow this agreement--
never ratified by the Senate--to enable Castro's foolhardy exploration 
for oil in areas so near to some of the most pristine waters in our 
country.
  The legislation also takes a second step to further dissuade foreign 
oil companies from exploring for oil so close to our coastline. It will 
bar the Secretary of State from granting visas to executives of foreign 
oil companies who invest in petroleum development off the North coast 
of Cuba. This legislation, an expansion of the landmark Helms-Burton 
law, is a step in the right direction. It is only a first step, but I 
call on my colleagues to join me in preventing a tyrannical dictator 
from drilling for oil so close to our shores.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2682

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NULLIFICATION OF MARITIME BOUNDARY AGREEMENT.

       Notwithstanding any other provision of law, the Maritime 
     Boundary Agreement Between the United States of America and 
     the Republic of Cuba signed at Washington D.C., December 16, 
     1977, shall have no force and effect after the date of the 
     enactment of this Act.

     SEC. 2. EXCLUSION OF CERTAIN ALIENS.

       (a) In General.--The Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 note) is 
     amended by inserting after section 401 the following:

     ``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO 
                   DIRECTLY AND SIGNIFICANTLY CONTRIBUTE TO THE 
                   ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES 
                   OFF OF CUBA'S NORTH COAST.

       ``(a) In General.--The Secretary of State shall deny a visa 
     to, and the Attorney General and the Secretary of Homeland 
     Security shall exclude from the United States, any alien who 
     the Secretary of State determines is a person who--
       ``(1) is an officer or principal of an entity, or a 
     shareholder who owns a controlling interest in an entity, 
     that, after the date of the enactment of this section, makes 
     an investment of $1,000,000 or more (or any combination of 
     investments that in the aggregate equals or exceeds 
     $1,000,000 in any 12-month period), that directly and 
     significantly contributes to the enhancement of Cuba's 
     ability to develop petroleum resources off of Cuba's north 
     coast; or
       ``(2) is a spouse, minor child, or agent of a person 
     described in paragraph (1).
       ``(b) Exemption.--Subsection (a) shall not apply if the 
     Secretary of State finds, on a case-by-case basis, that the 
     entry into the United States of the person who would 
     otherwise be excluded under this section is necessary for 
     medical reasons or for purposes of litigation of an action 
     under title III.
       ``(c) Definitions.--In this section:
       ``(1) Develop.--The term `develop', with respect to 
     petroleum resources, means the exploration for, or the 
     extraction, refining, or transportation by pipeline of, 
     petroleum resources.
       ``(2) Investment.--
       ``(A) In general.--The term `investment' means any of the 
     following activities if such activity is undertaken pursuant 
     to an agreement, or pursuant to the exercise of rights under 
     such an agreement, that is entered into with the Government 
     of Cuba or a nongovenmental entity in Cuba, on or after the 
     date of the enactment of this section:
       ``(i) The entry into a contract that includes 
     responsibility for the development of petroleum resources 
     located in Cuba, or the entry into a contract providing for 
     the general supervision and guarantee of another person's 
     performance of such a contract.
       ``(ii) The purchase of a share of ownership, including an 
     equity interest, in that development.
       ``(iii) The entry into a contract providing for the 
     participation in royalties, earnings, or profits in that 
     development, without regard to the form of the participation.
       ``(B) Exception.--The term `investment' does not include 
     the entry into, performance, or financing of a contract to 
     sell or purchase goods, services, or technology.
       ``(3) Petroleum resources.--The term `petroleum resources' 
     includes petroleum and natural gas resources.''.
       (b) Effective Date.--The amendment made by this section 
     applies to aliens seeking to enter the United States on or 
     after the date of the enactment of this Act.
                                 ______