II

106TH CONGRESS

2D SESSION S. 2617

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

IN THE SENATE OF THE UNITED STATES

MAY 24, 2000

Mr. BAUCUS (for himself, Mr. ROBERTS, Mr. DORGAN, Mrs. LINCOLN, and

Mr. JEFFORDS) introduced the following bill; which was read twice and

referred to the Committee on Finance

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 ‘‘Trade Normalization

5 With Cuba Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) with the end of the Cold War and the col9 lapse of the Soviet Union, Cuba is no longer a threat

10 to the United States or the Western Hemisphere;
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1 (2) the continuation of the embargo on trade

2 between the United States and Cuba that was de3 clared in February of 1962 is counterproductive,

4 adding to the hardships of the Cuban people while

5 making the United States the scapegoat for the fail6 ures of the communist system;

7 (3) in the former Soviet Union, the Eastern

8 bloc countries, China, and Vietnam, the United

9 States is using economic, cultural, academic, and

10 scientific engagement to support its policy of pro11 moting democratic and human rights reforms; and

12 (4) the United States can best support demo13 cratic change in Cuba by promoting trade and com14 merce, travel, communications, and cultural, aca15 demic, and scientific exchanges.

16 SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE

17 AND OTHER RELATIONS WITH CUBA.

18 (a) AUTHORITY FOR EMBARGO AND SUGAR

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

20 1961 (22 U.S.C. 2370(a)) is repealed.

21 (b) TRADING WITH THE ENEMY ACT.—The authori22 ties conferred upon the President by section 5(b) of the

23 Trading With the Enemy Act, which were being exercised

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

25 national emergency declared by the President before that
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1 date, and are being exercised on the day before the effec2 tive date of this Act, may not be exercised on or after

3 such effective date with respect to Cuba. Any regulations

4 in effect on the day before such effective date pursuant

5 to the exercise of such authorities, shall cease to be effec6 tive on such date.

7 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO8 VISIONS OF LAW.—

9 (1) REMOVAL OF PROHIBITIONS.—Any prohibi10 tion on exports to Cuba that is in effect on the day

11 before the effective date of this Act under the Ex12 port Administration Act of 1979 shall cease to be ef13 fective on such effective date.

14 (2) AUTHORITY FOR NEW RESTRICTIONS.—The

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

16 Act—

17 (A) impose export controls with respect to

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

19 Export Administration Act of 1979, and

20 (B) exercise the authorities he has under

21 the International Emergency Economic Powers

22 Act with respect to Cuba pursuant to a declara23 tion of national emergency required by that Act

24 that is made on account of an unusual and ex25 traordinary threat, that did not exist before the
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1 enactment of this Act, to the national security,

2 foreign policy, or economy of the United States.

3 (d) CUBAN DEMOCRACY ACT.—The Cuban Democ4 racy Act of 1992 (22 U.S.C. 6001 and following) is re5 pealed.

6 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

7 SOLIDARITY (LIBERTAD) ACT OF 1996.—

8 (1) REPEAL.—The Cuban Liberty and Demo9 cratic Solidarity (LIBERTAD) Act of 1996 is re10 pealed.

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

12 498A of the Foreign Assistance Act of 1961 (22

13 U.S.C. 2295a) is amended—

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

15 intelligence facilities, including the military and

16 intelligence facilities at Lourdes and Cien17 fuegos,’’ and inserting ‘‘facilities,’’;

18 (ii) in subsection (b)—

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

20 after the semicolon;

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

22 (III) by redesignating paragraph (6)

23 as paragraph (5); and

24 (iii) by striking subsection (d).
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1 (B) Section 498B(k) of the Foreign Assistance

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

3 striking paragraphs (3) and (4).

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

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

6 (D) Sections 514 and 515 of the International

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

8 and 1643m) are repealed.

9 (f) TERMINATION OF DENIAL OF FOREIGN TAX

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

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

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

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

14 end thereof the following new flush sentence:

15 ‘‘Notwithstanding the preceding sentence, this

16 subsection shall not apply to Cuba after the

17 date which is 60 days after the date of the en18 actment 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. 4. 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. 5. 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 (1) transactions ordinarily incident to travel or

16 maintenance in Cuba; and

17 (2) normal banking transactions involving for18 eign currency drafts, traveler’s checks, or other ne19 gotiable instruments incident to such travel.

20 SEC. 6. DIRECT MAIL DELIVERY TO CUBA.

21 The United States Postal Service shall take such ac22 tions as are necessary to provide direct mail service to and

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

24 service between the 2 countries, the use of charter pro25 viders.
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1 SEC. 7. NEGOTIATIONS WITH CUBA.

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

3 necessary steps to conduct negotiations with the Govern4 ment of Cuba—

5 (1) for the purpose of settling claims of nation6 als of the United States against the Government of

7 Cuba for the taking of property by such government;

8 and

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

10 internationally recognized human rights.

11 (b) DEFINITIONS.—In this section, the terms ‘‘na12 tional of the United States’’ and ‘‘property’’ have the

13 meanings given those terms in section 502 of the Inter14 national Claims Settlement Act of 1949 (22 U.S.C.

15 1643a).

16 SEC. 8. EFFECTIVE DATE.

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

18 the enactment of this Act.

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