I

107TH CONGRESS

1ST SESSION H. R. 174

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

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

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, the 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10 is repealed.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, and
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1 (B) exercise the authorities he has under

2 the International Emergency Economic Powers

3 Act with respect to Cuba pursuant to a declara4 tion of national emergency required by that Act

5 that is made on account of an unusual and ex6 traordinary threat, that did not exist before the

7 enactment of this Act, to the national security,

8 foreign policy, or economy of the United States.

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

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

11 is repealed.

12 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

13 SOLIDARITY (LIBERTAD) ACT OF 1996.—

14 (1) REPEAL.—The Cuban Liberty and Demo15 cratic Solidarity (LIBERTAD) Act of 1996 is re16 pealed.

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

18 498A of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2295a) is amended—

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

21 intelligence facilities, including the military and

22 intelligence facilities at Lourdes and Cien23 fuegos,’’ and inserting ‘‘facilities,’’;

24 (ii) in subsection (b)—
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1 (I) in paragraph (4) by adding ‘‘and’’

2 after the semicolon;

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

4 (III) by redesignating paragraph (6)

5 as paragraph (5); and

6 (iii) by striking subsection (d).

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

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

9 striking paragraphs (3) and (4).

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

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

12 (D) Sections 514 and 515 of the International

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

14 and 1643m) are repealed.

15 (f) TERMINATION OF DENIAL OF FOREIGN TAX

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

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

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

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

20 end thereof the following new flush sentence:

21 ‘‘Notwithstanding the preceding sentence, this

22 subsection shall not apply to Cuba after the

23 date which is 60 days after the date of the en24 actment 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 (title IX of

7 H.R. 5426, as enacted into law by section 1(a) of Public

8 Law 106–387, and as contained in the appendix of such

9 Public Law) is amended—

10 (1) in section 906(a)(1)—

11 (A) by striking ‘‘to Cuba or’’; and

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

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

14 (2) in section 908—

15 (A) by striking subsection (b);

16 (B) in subsection (a)—

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

18 that follows through ‘‘(1) IN

19 GENERAL.—’’ and inserting ‘‘IN GEN20 ERAL.—’’;

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;

8 (4) by striking section 910; and

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

10 (i) REPEAL OF PROHIBITION ON TRANSACTIONS OR

11 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

12 INTELLECTUAL PROPERTY.—Section 211 of the Depart13 ment of Commerce and Related Agencies Appropriations

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

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

16 SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILI17 TIES.

18 Any common carrier within the meaning of section

19 3 of the Communications Act of 1934 (47 U.S.C. 153)

20 is authorized to install, maintain, and repair telecommuni21 cations equipment and facilities in Cuba, and otherwise

22 provide telecommunications services between the United

23 States and Cuba. The authority of this section includes

24 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 shall take effect 60 days after the date of

24 the enactment of this Act.

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