I 

111TH CONGRESS 

1ST SESSION H. R. 188 

To lift the trade embargo on Cuba, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. SERRANO introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways 

and Means, Energy and Commerce, the Judiciary, Financial Services, 

Oversight and Government Reform, and Agriculture, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To lift the trade embargo on Cuba, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cuba Reconciliation 

5 Act’’. 


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1 SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE 

2 AND OTHER RELATIONS WITH CUBA. 

3 (a) AUTHORITY FOR EMBARGO.—Section 620(a) of 

4 the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) 

5 is repealed. 

6 (b) TRADING WITH THE ENEMY ACT.—The authori7 ties conferred upon the President by section 5(b) of the 

8 Trading with the Enemy Act, which were being exercised 

9 with respect to Cuba on July 1, 1977, as a result of a 

10 national emergency declared by the President before that 

11 date, and are being exercised on the day before the effec12 tive date of this Act, may not be exercised on or after 

13 such effective date with respect to Cuba. Any regulations 

14 in effect on the day before such effective date pursuant 

15 to the exercise of such authorities, shall cease to be effec16 tive on such date. 

17 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO18 VISIONS OF LAW.— 

19 (1) REMOVAL OF PROHIBITIONS.—Any prohibi20 tion on exports to Cuba that is in effect on the day 

21 before the effective date of this Act under the Ex22 port Administration Act of 1979 shall cease to be ef23 fective on such effective date. 

24 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

25 President may, on and after the effective date of this 

26 Act— 


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1 (A) impose export controls with respect to 

2 Cuba under section 5, 6(j), 6(l), or 6(m) of the 

3 Export Administration Act of 1979 (as contin4 ued in effect under the International Emer5 gency Economic Powers Act); and 

6 (B) exercise the authorities he has under 

7 the International Emergency Economic Powers 

8 Act with respect to Cuba pursuant to a declara9 tion of national emergency required by that Act 

10 that is made on account of an unusual and ex11 traordinary threat, that did not exist before the 

12 enactment of this Act, to the national security, 

13 foreign policy, or economy of the United States. 

14 (d) CUBAN DEMOCRACY ACT OF 1992.—The Cuban 

15 Democracy Act of 1992 (22 U.S.C. 6001 and following) 

16 is repealed. 

17 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

18 SOLIDARITY (LIBERTAD) ACT OF 1996.— 

19 (1) REPEAL.—The Cuban Liberty and Demo20 cratic Solidarity (LIBERTAD) Act of 1996 is re21 pealed. 

22 (2) CONFORMING AMENDMENTS.—(A) Section 

23 498A of the Foreign Assistance Act of 1961 (22 

24 U.S.C. 2295a) is amended— 


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1 (i) in subsection (a)(11), by striking ‘‘and 

2 intelligence facilities, including the military and 

3 intelligence facilities at Lourdes and Cien4 fuegos,’’ and inserting ‘‘facilities,’’; 

5 (ii) in subsection (b)— 

6 (I) in paragraph (4), by adding ‘‘and’’ 

7 after the semicolon; 

8 (II) by striking paragraph (5); and 

9 (III) by redesignating paragraph (6) 

10 as paragraph (5); and 

11 (iii) by striking subsection (d). 

12 (B) Section 498B(k) of the Foreign Assistance 

13 Act of 1961 (22 U.S.C. 2295b(k)) is amended by 

14 striking paragraphs (3) and (4). 

15 (C) Section 1611 of title 28, United States 

16 Code, is amended by striking subsection (c). 

17 (D) Sections 514 and 515 of the International 

18 Claims Settlement Act of 1949 (22 U.S.C. 1643l 

19 and 1643m) are repealed. 

20 (f) TERMINATION OF DENIAL OF FOREIGN TAX

21 CREDIT WITH RESPECT TO CUBA.—Subparagraph (A) of 

22 section 901(j)(2) of the Internal Revenue Code of 1986 

23 (relating to denial of foreign tax credit, etc., with respect 

24 to certain foreign countries) is amended by adding at the 

25 end thereof the following new flush sentence: 


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1 ‘‘Notwithstanding the preceding sentence, this sub2 section shall not apply to Cuba after the date which is 

3 60 days after the date of the enactment of this sentence.’’. 

4 (g) SUGAR QUOTA PROHIBITION UNDER FOOD SE5 CURITY ACT OF 1985.—Section 902(c) of the Food Secu6 rity Act of 1985 is repealed. 

7 (h) TRADE SANCTIONS REFORM AND EXPORT EN8 HANCEMENT ACT OF 2000.—The Trade Sanctions Re9 form and Export Enhancement Act of 2000 (22 U.S.C. 

10 7201 and following) is amended— 

11 (1) in section 906(a)(1)— 

12 (A) by striking ‘‘Cuba,’’; and 

13 (B) by inserting ‘‘(other than Cuba)’’ after 

14 ‘‘to the government of a country’’; 

15 (2) in section 908— 

16 (A) by striking subsection (b); 

17 (B) in subsection (a)— 

18 (i) by striking ‘‘PROHIBITION’’ and all 

19 that follows through ‘‘(1) IN GENERAL.— 

20 ’’ and inserting ‘‘IN GENERAL.—’’; 

21 (ii) by striking ‘‘for exports to Cuba 

22 or’’; 

23 (iii) by striking paragraph (2); and 


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1 (iv) by redesignating paragraph (3) as 

2 subsection (b) (and conforming the margin 

3 accordingly); and 

4 (C) in subsection (b) (as redesignated), by 

5 striking ‘‘paragraph (1)’’ and inserting ‘‘sub6 section (a)’’; 

7 (3) by striking section 909; and 

8 (4) by striking section 910. 

9 (i) REPEAL OF PROHIBITION ON TRANSACTIONS OR

10 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

11 INTELLECTUAL PROPERTY.—Section 211 of the Depart12 ment of Commerce and Related Agencies Appropriations 

13 Act, 1999 (as contained in section 101(b) of division A 

14 of Public Law 105–277; 112 Stat. 2681–88) is repealed. 

15 SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILI16 TIES. 

17 Any common carrier within the meaning of section 

18 3 of the Communications Act of 1934 (47 U.S.C. 153) 

19 is authorized to install, maintain, and repair telecommuni20 cations equipment and facilities in Cuba, and otherwise 

21 provide telecommunications services between the United 

22 States and Cuba. The authority of this section includes 

23 the authority to upgrade facilities and equipment. 


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1 SEC. 4. TRAVEL. 

2 (a) IN GENERAL.—Travel to and from Cuba by indi3 viduals who are citizens or residents of the United States, 

4 and any transactions ordinarily incident to such travel, 

5 may not be regulated or prohibited if such travel would 

6 be lawful in the United States. 

7 (b) TRANSACTIONS INCIDENT TO TRAVEL.—Any 

8 transactions ordinarily incident to travel which may not 

9 be regulated or prohibited under subsection (a) include, 

10 but are not limited to— 

11 (1) transactions ordinarily incident to travel or 

12 maintenance in Cuba; and 

13 (2) normal banking transactions involving for14 eign currency drafts, traveler’s checks, or other ne15 gotiable instruments incident to such travel. 

16 SEC. 5. DIRECT MAIL DELIVERY TO CUBA. 

17 The United States Postal Service shall take such ac18 tions as are necessary to provide direct mail service to and 

19 from Cuba, including, in the absence of common carrier 

20 service between the 2 countries, the use of charter pro21 viders. 

22 SEC. 6. EFFECTIVE DATE. 

23 This Act, and the amendments made by this Act, 

24 shall take effect 60 days after the date of the enactment 

25 of this Act. 

Æ 


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