I
105TH CONGRESS
2D SESSION
H. R. 3173
To lift the trade embargo on Cuba, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 1998
Mr. RANGEL introduced the following bill; which was referred to the Commit-
tee on International Relations, and in addition to the Committees on
Ways and Means, Commerce, and Government Reform and Oversight, 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 com-
mittee concerned
A BILL
To lift the trade embargo on Cuba, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Free Trade With Cuba
Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) with the end of the Cold War and the col-
lapse of the Soviet Union, Cuba is no longer a threat
to the United States or the Western Hemisphere;
(2) the continuation of the embargo on trade
between the United States and Cuba that was de-
clared in February of 1962 is counterproductive,
adding to the hardships of the Cuban people while
making the United States the scapegoat for the fail-
ures of the communist system;
(3) in the former Soviet Union, the Eastern
bloc countries, China, and Vietnam, the United
States is using economic, cultural, academic, and
scientific engagement to support its policy of pro-
moting democratic and human rights reforms; and
(4) the United States can best support demo-
cratic change in Cuba by promoting trade and com-
merce, travel, communications, and cultural, aca-
demic, and scientific exchanges.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE
AND OTHER RELATIONS WITH CUBA.
(a) 
AUTHORITY
FOR
EMBARGO
AND
SUGAR
QUOTA.—Section 620(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(a)) is repealed.
(b) TRADING WITH THE ENEMY ACT.—The authori-
ties conferred upon the President by section 5(b) of the
Trading With the Enemy Act, which were being exercised
with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that
date, and are being exercised on the day before the effec-
tive date of this Act, may not be exercised on or after
such effective date with respect to Cuba. Any regulations
in effect on the day before such effective date pursuant
to the exercise of such authorities, shall cease to be effec-
tive on such date.
(c) EXERCISE OF AUTHORITIES UNDER OTHER PRO-
VISIONS OF LAW.—
(1) REMOVAL OF PROHIBITIONS.—Any prohibi-
tion on exports to Cuba that is in effect on the day
before the effective date of this Act under the Ex-
port Administration Act of 1979 shall cease to be ef-
fective on such effective date.
(2) AUTHORITY FOR NEW RESTRICTIONS.—The
President may, on and after the effective date of this
Act—
(A) impose export controls with respect to
Cuba under section 5, 6(j), 6(l), or 6(m) of the
Export Administration Act of 1979, and
(B) exercise the authorities he has under
the International Emergency Economic Powers
Act with respect to Cuba pursuant to a declara-
tion of national emergency required by that Act
that is made on account of an unusual and ex-
traordinary threat, that did not exist before the
enactment of this Act, to the national security,
foreign policy, or economy of the United States.
(d) CUBAN DEMOCRACY ACT.—The Cuban Democ-
racy Act of 1992 (22 U.S.C. 6001 and following) is re-
pealed.
(e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC
SOLIDARITY (LIBERTAD) ACT OF 1996.—
(1) REPEAL.—The Cuban Liberty and Demo-
cratic Solidarity (LIBERTAD) Act of 1996 is re-
pealed.
(2) CONFORMING AMENDMENTS.—(A) Section
498A of the Foreign Assistance Act of 1961 (22
U.S.C. 2295a) is amended—
(i) in subsection (a)(11) by striking ‘‘and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfue-
gos,’’ and inserting ‘‘facilities,’’;
(ii) in subsection (b)—
(I) in paragraph (4) by adding ‘‘and’’
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6)
as paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295b(k)) is amended by
striking paragraphs (3) and (4).
(C) Section 1611 of title 28, United States
Code, is amended by striking subsection (c).
(D) Sections 514 and 515 of the International
Claims Settlement Act of 1949 (22 U.S.C. 1643l
and 1643m) are repealed.
(f) TERMINATION
OF DENIAL
OF FOREIGN TAX
CREDIT WITH RESPECT TO CUBA.—Subparagraph (A) of
section 901(j)(2) of the Internal Revenue Code of 1986
(relating to denial of foreign tax credit, etc., with respect
to certain foreign countries) is amended by adding at the
end thereof the following new flush sentence:
‘‘Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the
date which is 60 days after the date of the en-
actment of this sentence.’’.
(g) SUGAR QUOTA PROHIBITION UNDER FOOD SE-
CURITY ACT OF 1985.—Section 902(c) of the Food Secu-
rity Act of 1985 is repealed.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILI-
TIES.
Any common carrier within the meaning of section
3 of the Communications Act of 1934 (47 U.S.C. 153)
is authorized to install, maintain, and repair telecommuni-
cations equipment and facilities in Cuba, and otherwise
provide telecommunications services between the United
States and Cuba. The authority of this section includes
the authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) IN GENERAL.—Travel to and from Cuba by indi-
viduals who are citizens or residents of the United States,
and any transactions ordinarily incident to such travel,
may not be regulated or prohibited if such travel would
be lawful in the United States.
(b) TRANSACTIONS INCIDENT
TO TRAVEL.—Any
transactions ordinarily incident to travel which may not
be regulated or prohibited under subsection (a) include,
but are not limited to—
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving for-
eign currency drafts, traveler’s checks, or other ne-
gotiable instruments incident to such travel.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such ac-
tions as are necessary to provide direct mail service to and
from Cuba, including, in the absence of common carrier
service between the 2 countries, the use of charter provid-
ers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) NEGOTIATIONS.—The President should take all
necessary steps to conduct negotiations with the Govern-
ment of Cuba—
(1) for the purpose of settling claims of nation-
als of the United States against the Government of
Cuba for the taking of property by such government;
and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) DEFINITIONS.—As used in this section, the terms
‘‘national of the United States’’ and ‘‘property’’ have the
meanings given those terms in section 502 of the Inter-
national Claims Settlement Act of 1949 (22 U.S.C.
1643a).
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of
the enactment of this Act.
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