[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1698

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2003

 Mr. Paul (for himself, Mr. Abercrombie, Mr. Clay, and Mr. Whitfield) 
 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.

    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Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.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 et seq.) 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 (22 U.S.C. 
7201 et seq.) 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 
                        that follows through ``(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 
                        provided by any department or agency of the 
                        United States to any person for the purpose of 
                        financing transactions involving confiscated 
                        property (within the meaning of section 4 of 
                        the Cuban 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.
                                 <all>