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106TH CONGRESS

1ST SESSION H. R. 1181

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1999

Mr. PAUL introduced the following bill; which was referred to the Committee

on International Relations, and in addition to the Committees on Ways

and Means, Commerce, and Government Reform, 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. REMOVAL OF PROVISIONS RESTRICTING

4 TRADE AND OTHER RELATIONS WITH CUBA.

5 (a) AUTHORITY FOR EMBARGO AND SUGAR

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

7 1961 (22 U.S.C. 2370(a)) is repealed.

8 (b) TRADING WITH THE ENEMY ACT.—The authori9 ties conferred upon the President by section 5(b) of the

10 Trading With the Enemy Act (50 U.S.C. App. 5(b)),
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1 which were being exercised with respect to Cuba on July

2 1, 1977, as a result of a national emergency declared by

3 the President before that date, and are being exercised

4 on the day before the effective date of this Act, may not

5 be exercised on or after such effective date with respect

6 to Cuba. Any regulations in effect on the day before such

7 effective date pursuant to the exercise of such authorities,

8 shall cease to be effective on such date.

9 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO10 VISIONS OF LAW.—

11 (1) REMOVAL OF PROHIBITIONS.—Any prohibi12 tion on exports to Cuba that is in effect on the day

13 before the effective date of this Act under the Ex14 port Administration Act of 1979 shall cease to be ef15 fective on such effective date.

16 (2) AUTHORITY FOR NEW RESTRICTIONS.—The

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

18 Act—

19 (A) impose export controls with respect to

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

21 Export Administration Act of 1979, and

22 (B) exercise the authorities he has under

23 the International Emergency Economic Powers

24 Act with respect to Cuba pursuant to a declara25 tion of national emergency required by that Act
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1 that is made on account of an unusual and ex2 traordinary threat, that did not exist before the

3 enactment of this Act, to the national security,

4 foreign policy, or economy of the United States.

5 (d) CUBAN DEMOCRACY ACT.—The Cuban Democ6 racy Act of 1992 (22 U.S.C. 6001 and following) is re7 pealed.

8 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

9 SOLIDARITY (LIBERTAD) ACT OF 1996.—

10 (1) REPEAL.—The Cuban Liberty and Demo11 cratic Solidarity (LIBERTAD) Act of 1996 is re12 pealed.

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

14 498A of the Foreign Assistance Act of 1961 (22

15 U.S.C. 2295a) is amended—

16 (i) in subsection (a)(11) by striking ‘‘and

17 intelligence facilities, including the military and

18 intelligence facilities at Lourdes and Cien19 fuegos,’’ and inserting ‘‘facilities,’’;

20 (ii) in subsection (b)—

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

22 after the semicolon;

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

24 (III) by redesignating paragraph (6)

25 as paragraph (5); and
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1 (iii) by striking subsection (d).

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

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

4 striking paragraphs (3) and (4).

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

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

7 (D) Sections 514 and 515 of the International

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

9 and 1643m) are repealed.

10 (f) TERMINATION OF DENIAL OF FOREIGN TAX

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

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

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

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

15 end thereof the following new flush sentence: ‘‘Notwith16 standing the preceding sentence, this subsection shall not

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

18 date of the enactment of this sentence.’’.

19 (g) SUGAR QUOTA PROHIBITION UNDER FOOD SE20 CURITY ACT OF 1985.—Section 902(c) of the Food Secu21 rity Act of 1985 is repealed.

22 SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILI23 TIES.

24 Any common carrier within the meaning of section

25 3 of the Communications Act of 1934 (47 U.S.C. 153)
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1 is authorized to install, maintain, and repair telecommuni2 cations equipment and facilities in Cuba, and otherwise

3 provide telecommunications services between the United

4 States and Cuba. The authority of this section includes

5 the authority to upgrade facilities and equipment.

6 SEC. 3. TRAVEL.

7 (a) IN GENERAL.—Travel to and from Cuba by indi8 viduals who are citizens or residents of the United States,

9 and any transactions ordinarily incident to such travel,

10 may not be regulated or prohibited if such travel would

11 be lawful in the United States.

12 (b) TRANSACTIONS INCIDENT TO TRAVEL.—Any

13 transactions ordinarily incident to travel which may not

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

15 but are not limited to—

16 (1) transactions ordinarily incident to travel or

17 maintenance in Cuba; and

18 (2) normal banking transactions involving for19 eign currency drafts, traveler’s checks, or other ne20 gotiable instruments incident to such travel.

21 SEC. 4. DIRECT MAIL DELIVERY TO CUBA.

22 The United States Postal Service shall take such ac23 tions as are necessary to provide direct mail service to and

24 from Cuba, including, in the absence of common carrier
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1 service between the 2 countries, the use of charter pro2 viders.

3 SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE.

4 (a) PROHIBITION.—No Federal funds may be used

5 to provide any assistance to Cuba.

6 (b) DEFINITIONS.—For purposes of subsection (a)—

7 (1) the term ‘‘assistance to Cuba’’ includes, but

8 is not limited to—

9 (A) assistance to or for the benefit of Cuba

10 that is provided by grant, commercial sale,

11 guaranty, or insurance, or by any other means

12 on terms more favorable than that generally

13 available in the applicable market, whether in

14 the form of a loan, lease, credit, or a reserve,

15 including, but not limited to—

16 (i) insurance, financing, extensions of

17 credit, or participation in extensions of

18 credit provided by the Export-Import Bank

19 of the United States for exports to or im20 ports from Cuba;

21 (ii) insurance, reinsurance, financing,

22 or equity investment provided by the Over23 seas Private Investment Corporation for

24 projects in Cuba;
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1 (iii) any export credit, credit guar2 anty, bonus, or other payment carried out

3 through the Commodity Credit Corporation

4 in support of export sales of agricultural

5 commodities to Cuba;

6 (iv) assistance under any provision of

7 the Agricultural Trade and Development

8 Assistance Act of 1954 to, or in support of

9 export sales of agricultural commodities to,

10 Cuba;

11 (v) financing or other assistance

12 under the Agricultural Trade Act of 1978

13 in support of export sales of agricultural

14 commodities to Cuba; and

15 (vi) any loan, credit, or other financ16 ing by any United States agency to any

17 person for the purpose of financing trans18 actions involving confiscated property

19 (within the meaning of section 4 of the

20 Cuba Liberty and Democratic Solidarity

21 (LIBERTAD) Act of 1996, as in effect on

22 the day before the date of the enactment

23 of this Act);

24 and
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1 (B) an exchange, reduction, or forgiveness

2 of Cuban debt owed in return for a grant of an

3 equity interest in a property, investment, or op4 eration of the Government of Cuba (including

5 the government of any political subdivision of

6 Cuba, and any agency or instrumentality of the

7 Government of Cuba) or of a Cuban national;

8 and

9 (2) the term ‘‘agency or instrumentality of the

10 Government of Cuba’’ means an agency or instru11 mentality of a foreign state as defined in section

12 1603(b) of title 28, United States Code, with each

13 reference in such section to ‘‘a foreign state’’

14 deemed to be a reference to Cuba.

15 SEC. 6. EFFECTIVE DATE.

16 This Act shall take effect 60 days after the date of

17 the enactment of this Act.

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