[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2662 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2662
To lift the trade embargo on Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2001
Mr. Paul introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the Committee
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.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 authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50 U.S.C.
App. 5(b)), 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
effective 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 effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective 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 declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary 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 Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(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 Cienfuegos,''
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) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of
H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387,
and as contained in the appendix of such Public Law) is amended--
(1) in section 906(a)(1)--
(A) by striking ``to Cuba or''; and
(B) by inserting ``(other than Cuba)'' after ``to
the government of a country'';
(2) in section 908--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
thatfollowsthrough``(1)In general.--'' and
inserting ``In General.--'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) (and conforming the margin
accordingly); and
(C) in subsection (b) (as redesignated), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(3) by striking section 909;
(4) by striking section 910; and
(5) by redesignating section 911 as section 909.
(g) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
(h) 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 enactment of this
sentence.''.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
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 telecommunications 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. 3. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals 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 foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 4. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions 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 providers.
SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE.
(a) Prohibition.--No Federal funds may be used to provide any
assistance to Cuba.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``assistance to Cuba'' includes, but is not
limited to--
(A) assistance to or for the benefit of Cuba that
is provided by grant, commercial sale, guaranty, or
insurance, or by any other means on terms more
favorable than that generally available in the
applicable market, whether in the form of a loan,
lease, credit, or a reserve, including, but not limited
to--
(i) insurance, financing, extensions of
credit, or participation in extensions of
credit provided by the Export-Import Bank of
the United States for exports to or imports
from Cuba;
(ii) insurance, reinsurance, financing, or
equity investment provided by the Overseas
Private Investment Corporation for projects in
Cuba;
(iii) any export credit, credit guaranty,
bonus, or other payment carried out through the
Commodity Credit Corporation in support of
export sales of agricultural commodities to
Cuba;
(iv) assistance under any provision of the
Agricultural Trade and Development Assistance
Act of 1954 to, or in support of export sales
of agricultural commodities to, Cuba;
(v) financing or other assistance under the
Agricultural Trade Act of 1978 in support of
export sales of agricultural commodities to
Cuba; and
(vi) any loan, credit, or other financing
by any United States agency to any person for
the purpose of financing transactions involving
confiscated property (within the meaning of
section 4 of the Cuba Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996, as in effect
on the day before the date of the enactment of
this Act);
and
(B) an exchange, reduction, or forgiveness of Cuban
debt owed in return for a grant of an equity interest
in a property, investment, or operation of the
Government of Cuba (including the government of any
political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba) or of a
Cuban national;
and
(2) the term ``agency or instrumentality of the Government
of Cuba'' means an agency or instrumentality of a foreign state
as defined in section 1603(b) of title 28, United States Code,
with each reference in such section to ``a foreign state''
deemed to be a reference to Cuba.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act.
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