I 

113TH CONGRESS 

1ST SESSION H. R. 872 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2013 

Mr. RANGEL 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 ‘‘Free Trade With Cuba 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 


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1 (1) with the end of the Cold War and the col2 lapse of the Soviet Union, Cuba is no longer a threat 

3 to the United States or the Western Hemisphere; 

4 (2) the continuation of the embargo on trade 

5 between the United States and Cuba that was de6 clared in February of 1962 is counterproductive, 

7 adding to the hardships of the Cuban people while 

8 making the United States the scapegoat for the fail9 ures of the communist system; 

10 (3) in the countries of the former Soviet Union 

11 and the former Eastern bloc, China, and Vietnam, 

12 the United States is using economic, cultural, aca13 demic, and scientific engagement to support its pol14 icy of promoting democratic and human rights re15 forms; and 

16 (4) the United States can best support demo17 cratic change in Cuba by promoting trade and com18 merce, travel, communications, and cultural, aca19 demic, and scientific exchanges. 

20 SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE 

21 AND OTHER RELATIONS WITH CUBA. 

22 (a) AUTHORITY FOR EMBARGO AND SUGAR

23 QUOTA.—Section 620(a) of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2370(a)) is repealed. 


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1 (b) TRADING WITH THE ENEMY ACT.—The authori2 ties conferred upon the President by section 5(b) of the 

3 Trading With the Enemy Act, which were being exercised 

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

5 national emergency declared by the President before that 

6 date, and are being exercised on the day before the effec7 tive date of this Act, may not be exercised on or after 

8 such effective date with respect to Cuba. Any regulations 

9 in effect on the day before such effective date pursuant 

10 to the exercise of such authorities shall cease to be effec11 tive on such date. 

12 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO13 VISIONS OF LAW.— 

14 (1) REMOVAL OF PROHIBITIONS.—Any prohibi15 tion on exports to Cuba that is in effect on the day 

16 before the effective date of this Act under the Ex17 port Administration Act of 1979 (as continued in ef18 fect under the International Emergency Economic 

19 Powers Act) shall cease to be effective on such effec20 tive date. 

21 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

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

23 Act— 

24 (A) impose export controls with respect to 

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


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1 Export Administration Act of 1979 (as contin2 ued in effect under the International Emer3 gency Economic Powers Act); and 

4 (B) exercise the authorities the President 

5 has under the International Emergency Eco6 nomic Powers Act with respect to Cuba pursu7 ant to a declaration of national emergency re8 quired by that Act that is made on account of 

9 an unusual and extraordinary threat, that did 

10 not exist before the enactment of this Act, to 

11 the national security, foreign policy, or economy 

12 of the United States. 

13 (d) CUBAN DEMOCRACY ACT.—The Cuban Democ14 racy Act of 1992 (22 U.S.C. 6001 and following) is re15 pealed. 

16 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

17 SOLIDARITY (LIBERTAD) ACT OF 1996.— 

18 (1) REPEAL.—The Cuban Liberty and Demo19 cratic Solidarity (LIBERTAD) Act of 1996 is re20 pealed. 

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

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

23 U.S.C. 2295a) is amended— 

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

25 intelligence facilities, including the military and 


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1 intelligence facilities at Lourdes and Cien2 fuegos,’’ and inserting ‘‘facilities,’’; 

3 (ii) in subsection (b)— 

4 (I) in paragraph (4), by adding ‘‘or’’ 

5 after the semicolon; 

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

7 (III) by redesignating paragraph (6) 

8 as paragraph (5); and 

9 (iii) by striking subsection (d). 

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

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

12 striking paragraphs (3) and (4). 

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

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

15 (D) Sections 514 and 515 of the International 

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

17 and 1643m) are repealed. 

18 (f) TRADE SANCTIONS REFORM AND EXPORT EN19 HANCEMENT ACT OF 2000.—The Trade Sanctions Re20 form and Export Enhancement Act of 2000 (22 U.S.C. 

21 7201 et seq.) is amended— 

22 (1) in section 906(a)(1) (22 U.S.C. 

23 7205(a)(1))— 

24 (A) by striking ‘‘Cuba,’’; and 


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

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

3 (2) in section 908 (22 U.S.C. 7207)— 

4 (A) by striking subsection (b); 

5 (B) in subsection (a)— 

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

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

8 Notwithstanding’’ and inserting ‘‘IN GEN9 ERAL.—Notwithstanding’’; 

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

11 or’’; 

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

13 (iv) by redesignating paragraph (3) as 

14 subsection (b) (and conforming the margin 

15 accordingly); and 

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

17 striking ‘‘paragraph (1)’’ and inserting ‘‘sub18 section (a)’’; 

19 (3) by striking section 909 (22 U.S.C. 7208); 

20 (4) by striking section 910 (22 U.S.C. 7209); 

21 and 

22 (5) by redesignating section 911 as section 909. 

23 (g) REPEAL OF PROHIBITION ON TRANSACTIONS OR

24 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

25 INTELLECTUAL PROPERTY.—Section 211 of the DepartVerDate Mar 15 2010 05:45 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H872.IH H872

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1 ment of Commerce and Related Agencies Appropriations 

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

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

4 (h) TERMINATION OF DENIAL OF FOREIGN TAX

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

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

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

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

9 end the following new flush sentence: 

10 ‘‘Notwithstanding the preceding sentence, this 

11 subsection shall not apply to Cuba after the 

12 date that is 60 days after the date of the enact13 ment of this sentence.’’. 

14 (i) SUGAR QUOTA PROHIBITION UNDER FOOD SECU15 RITY ACT OF 1985.—Section 902(c) of the Food Security 

16 Act of 1985 is repealed. 

17 SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILI18 TIES. 

19 Any common carrier within the meaning of section 

20 3 of the Communications Act of 1934 (47 U.S.C. 153) 

21 is authorized to install, maintain, and repair telecommuni22 cations equipment and facilities in Cuba, and otherwise 

23 provide telecommunications services between the United 

24 States and Cuba. The authority of this section includes 

25 the authority to upgrade facilities and equipment. 


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1 SEC. 5. 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 that may not be 

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

10 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. 6. 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. 7. NEGOTIATIONS WITH CUBA. 

23 (a) NEGOTIATIONS.—The President should take all 

24 necessary steps to conduct negotiations with the Govern25 ment of Cuba— 


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1 (1) for the purpose of settling claims of nation2 als of the United States against the Government of 

3 Cuba for the taking of property by such government; 

4 and 

5 (2) for the purpose of securing the protection of 

6 internationally recognized human rights. 

7 (b) DEFINITIONS.—As used in this section, the terms 

8 ‘‘national of the United States’’ and ‘‘property’’ have the 

9 meanings given those terms in section 502 of the Inter10 national Claims Settlement Act of 1949 (22 U.S.C. 

11 1643a). 

12 SEC. 8. EFFECTIVE DATE. 

13 This Act and the amendments made by this Act shall 

14 take effect on the 60th day after the date of the enactment 

15 of this Act. 

Æ 


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