H. R. 1887
To lift the trade embargo on Cuba, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 12, 2011
Mr. RANGEL (for himself, Mr. TOWNS, Ms. CLARKE of New York, and Ms. MCCOLLUM)
introduced the following bill; which was referred to the Committee on Foreign
Affairs, and in addition to the Committees on Ways and Means, Energy and Commerce,
the Judiciary, Financial Services, Oversight and 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
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. 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 collapse 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 declared in February of 1962 is counterproductive, adding
to the hardships of the Cuban people while making the United States the
scapegoat for the failures of the communist system;
(3) in the countries of the former Soviet Union and the former Eastern bloc,
China, and Vietnam, the United States is using economic, cultural, academic,
and scientific engagement to support its policy of promoting democratic
and human rights reforms; and
(4) the United States can best support democratic change in Cuba by promoting
trade and commerce, travel, communications, and cultural, academic, and
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH
(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Act of 1961 (22 U.S.C. 2370(a)) is repealed.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, 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 (as continued in effect under the International
Emergency Economic Powers Act) shall cease to be effective on such effective
(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 (as continued in
effect under the International Emergency Economic Powers Act); and
(B) exercise the authorities the President 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
(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
(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
(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) (22 U.S.C. 7205(a)(1))--
(A) by striking `Cuba,'; and
(B) by inserting `(other than Cuba)' after `to the government of a country';
(2) in section 908 (22 U.S.C. 7207)--
(A) by striking subsection (b);
(i) by striking `Prohibition' and all that follows through `(1) IN GENERAL-
Notwithstanding' and inserting `In General- Notwithstanding';
(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 (22 U.S.C. 7208);
(4) by striking section 910 (22 U.S.C. 7209); 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 the following new flush sentence:
`Notwithstanding the preceding sentence, this subsection shall not apply
to Cuba after the date that 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. 4. 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. 5. 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 that 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. 6. 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. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations- The President should take all necessary steps to conduct
negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the United States
against the Government of Cuba for the taking of property by such government;
(2) for the purpose of securing the protection of internationally recognized
(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 International Claims Settlement Act of 1949 (22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on the 60th
day after the date of the enactment of this Act.