I 

109TH CONGRESS 

1ST SESSION H. R. 208

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. SERRANO introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on 

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

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’’. 

6 SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE 

7 AND OTHER RELATIONS WITH CUBA. 

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

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

10 is repealed.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 shall cease to be ef18 fective on such effective date. 

19 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

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

21 Act—

22 (A) impose export controls with respect to 

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

24 Export Administration Act of 1979 (as contin-
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1 ued in effect under the International Emer2 gency Economic Powers Act); and 

3 (B) exercise the authorities he has under 

4 the International Emergency Economic Powers 

5 Act with respect to Cuba pursuant to a declara6 tion of national emergency required by that Act 

7 that is made on account of an unusual and ex8 traordinary threat, that did not exist before the 

9 enactment of this Act, to the national security, 

10 foreign policy, or economy of the United States. 

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

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

13 is repealed. 

14 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

15 SOLIDARITY (LIBERTAD) ACT OF 1996.—

16 (1) REPEAL.—The Cuban Liberty and Demo17 cratic Solidarity (LIBERTAD) Act of 1996 is re18 pealed. 

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

20 498A of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2295a) is amended—

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

23 intelligence facilities, including the military and 

24 intelligence facilities at Lourdes and Cien25 fuegos,’’ and inserting ‘‘facilities,’’; 
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1 (ii) in subsection (b)—

2 (I) in paragraph (4) by adding ‘‘and’’ 

3 after the semicolon; 

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

5 (III) by redesignating paragraph (6) 

6 as paragraph (5); and 

7 (iii) by striking subsection (d). 

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

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

10 striking paragraphs (3) and (4). 

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

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

13 (D) Sections 514 and 515 of the International 

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

15 and 1643m) are repealed. 

16 (f) TERMINATION OF DENIAL OF FOREIGN TAX

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

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

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

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

21 end thereof the following new flush sentence: ‘‘Notwith22 standing the preceding sentence, this subsection shall not 

23 apply to Cuba after the date which is 60 days after the 

24 date of the enactment of this sentence.’’. 
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1 (g) SUGAR QUOTA PROHIBITION UNDER FOOD SE2 CURITY ACT OF 1985.—Section 902(c) of the Food Secu3 rity Act of 1985 is repealed. 

4 (h) TRADE SANCTIONS REFORM AND EXPORT EN5 HANCEMENT ACT OF 2000.—The Trade Sanctions Re6 form and Export Enhancement Act of 2000 (22 U.S.C. 

7 7201 and following) is amended— 

8 (1) in section 906(a)(1)— 

9 (A) by striking ‘‘Cuba,’’; and 

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

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

12 (2) in section 908— 

13 (A) by striking subsection (b); 

14 (B) in subsection (a)— 

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

16 that follows through ‘‘(1) IN GEN17 ERAL.—’’ and inserting ‘‘IN GENERAL.—’’; 

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

19 or’’; 

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

21 (iv) by redesignating paragraph (3) as 

22 subsection (b) (and conforming the margin 

23 accordingly); and 
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1 (C) in subsection (b) (as redesignated), by 

2 striking ‘‘paragraph (1)’’ and inserting ‘‘sub3 section (a)’’; 

4 (3) by striking section 909; and 

5 (4) by striking section 910. 

6 (i) REPEAL OF PROHIBITION ON TRANSACTIONS OR

7 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

8 INTELLECTUAL PROPERTY.—Section 211 of the Depart9 ment of Commerce and Related Agencies Appropriations 

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

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

12 SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILI13 TIES. 

14 Any common carrier within the meaning of section 

15 3 of the Communications Act of 1934 (47 U.S.C. 153) 

16 is authorized to install, maintain, and repair telecommuni17 cations equipment and facilities in Cuba, and otherwise 

18 provide telecommunications services between the United 

19 States and Cuba. The authority of this section includes 

20 the authority to upgrade facilities and equipment. 

21 SEC. 4. TRAVEL. 

22 (a) IN GENERAL.—Travel to and from Cuba by indi23 viduals who are citizens or residents of the United States, 

24 and any transactions ordinarily incident to such travel, 
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1 may not be regulated or prohibited if such travel would 

2 be lawful in the United States. 

3 (b) TRANSACTIONS INCIDENT TO TRAVEL.—Any 

4 transactions ordinarily incident to travel which may not 

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

6 but are not limited to—

7 (1) transactions ordinarily incident to travel or 

8 maintenance in Cuba; and 

9 (2) normal banking transactions involving for10 eign currency drafts, traveler’s checks, or other ne11 gotiable instruments incident to such travel. 

12 SEC. 5. DIRECT MAIL DELIVERY TO CUBA. 

13 The United States Postal Service shall take such ac14 tions as are necessary to provide direct mail service to and 

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

16 service between the 2 countries, the use of charter pro17 viders. 

18 SEC. 6. EFFECTIVE DATE. 

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

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

21 of this Act.

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