[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2272 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2272

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2009

 Mr. Rush (for himself, Ms. Lee of California, Mr. Watt, Mr. Serrano, 
   Mr. Davis of Illinois, Mr. Cleaver, Mr. Rangel, Ms. Eddie Bernice 
 Johnson of Texas, Ms. Fudge, Mr. Costello, Ms. Woolsey, Mr. Farr, Ms. 
Richardson, Mr. Kucinich, Ms. Schakowsky, Mr. Abercrombie, Mr. Ellison, 
   Mr. Bishop of Georgia, Ms. Clarke, Ms. Kaptur, Ms. Kilpatrick of 
 Michigan, Mr. Towns, Mr. Al Green of Texas, Mr. Scott of Georgia, Ms. 
Moore of Wisconsin, Ms. Waters, Mr. Johnson of Georgia, Mr. Fattah, Mr. 
 Clyburn, Mr. Payne, Mr. Clay, Mr. Brady of Pennsylvania, Mr. Stupak, 
Mr. Filner, Ms. Velazquez, Mr. Capuano, Mr. Neal of Massachusetts, Mr. 
Conyers, Mr. Meeks of New York, Mr. Cummings, Mr. Delahunt, Mr. Kildee, 
  Mr. Cohen, Ms. Matsui, Mr. Hinchey, Mr. Frank of Massachusetts, Mr. 
  McDermott, and Mr. Lewis of Georgia) 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 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. SHORT TITLE.

    This Act may be cited as the ``United States-Cuba Trade 
Normalization Act of 2009''.

SEC. 2. FINDINGS.

    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 1962 is not 
        fulfilling the purpose for which it was established;
            (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 promoting democratic and human rights reforms;
            (4) extension to Cuba of unconditional normal trade 
        relations treatment would assist Cuba in developing its economy 
        based on free market principles and becoming competitive in the 
        global marketplace;
            (5) the United States can best support democratic change 
        and human rights in Cuba by promoting trade and commerce, 
        travel, communications, and cultural, academic, and scientific 
        exchanges;
            (6) expanding bilateral trade relations is likely to 
        promote further progress in Cuba on human rights and democratic 
        rule and assist Cuba in adopting regional and world trading 
        rules and principles; and
            (7) Cuba was one of the founding members of the General 
        Agreement on Tariffs and Trade in 1947 and is an original 
        member of the World Trade Organization, and extension of 
        unconditional normal trade relations treatment to Cuba would 
        enable the United States to avail itself of all rights under 
        the World Trade Organization with respect to Cuba.

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 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 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 (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 
                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 (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);
                    (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 (22 U.S.C. 7208);
            (4) by striking section 910 (22 U.S.C. 2209); 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 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. 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 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. 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; 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 International Claims Settlement Act of 1949 
(22 U.S.C. 1643a).

SEC. 8. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT.

    (a) Sense of Congress.--
            (1) In general.--It is the sense of the Congress that--
                    (A) the United States should promote democratic 
                change and economic reform by normalizing trade 
                relations with Cuba; and
                    (B) upon the enactment of this Act, it will no 
                longer be necessary for the United States to continue 
                to use article XXI of the GATT 1994 with respect to 
                Cuba, understanding that the President retains full 
                authority to invoke article XXI of the GATT 1994 and 
                comparable provisions in other Uruguay Round Agreements 
                in the future in all appropriate circumstances.
            (2) Definitions.--In this section, the term ``GATT 1994'' 
        and ``Uruguay Round Agreements'' have the meanings given those 
        terms in section 2 of the Uruguay Round Agreements Act (19 
        U.S.C. 3501).
    (b) Extension of Nondiscriminatory Treatment to the Products of 
Cuba.--
            (1) Harmonized tariff schedule amendments.--General note 
        3(b) of the Harmonized Tariff Schedule of the United States is 
        amended--
                    (A) by striking ``to section 401 of the Tariff 
                Classification Act of 1962,''; and
                    (B) by striking ``Cuba''.
            (2) Repeal of section 401 of the tariff classification act 
        of 1962.--Section 401 of the Tariff Classification Act of 1962 
        (76 Stat. 78) is repealed.
            (3) Termination of application of title iv of the trade act 
        of 1974 to cuba.--
                    (A) Extension of nondiscriminatory treatment.--
                Nondiscriminatory treatment (normal trade relations 
                treatment) shall apply to the products of Cuba.
                    (B) Termination of application of title iv.--Title 
                IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) 
                shall cease to apply to Cuba.
            (4) Effective date.--This section, and the amendments and 
        repeal made by this section, shall apply with respect to goods 
        entered, or withdrawn from warehouse for consumption, on or 
        after the 15th day after the date of the enactment of this Act.
    (c) Report to Congress.--The President shall submit to the 
Congress, not later than 18 months after the date of the enactment of 
this Act, a report on trade relations between the United States and 
Cuba.

SEC. 9. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of the Treasury may not limit the amount of remittances to 
Cuba that may be made by any person who is subject to the jurisdiction 
of the United States, and the Secretary shall rescind all regulations 
in effect on the date of enactment of this Act that so limit the amount 
of those remittances.
    (b) Statutory Construction.--Nothing in subsection (a) may be 
construed to prohibit the prosecution or conviction of any person 
committing an offense described in section 1956 of title 18, United 
States Code (relating to the laundering of monetary instruments) or 
section 1957 of such title (relating to engaging in monetary 
transactions in property derived from specific unlawful activity).

SEC. 10. REMOVAL OF CUBA FROM STATE SPONSORS OF TERRORISM LIST.

    (a) In General.--Notwithstanding the provisions of law described in 
subsection (b), any determination of the Secretary of State in effect 
on the date of the enactment of this Act that the Government of Cuba 
has repeatedly provided support for acts of international terrorism 
pursuant to such provisions of law is hereby rescinded.
    (b) Provisions of Law Described.--The provisions of law referred to 
in subsection (a) are section 620A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 
U.S.C. 2780), and section 6(j) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)).
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 11. EFFECTIVE DATE.

    Except as provided in sections 8 and 10, this Act shall take effect 
60 days after the date of the enactment of this Act.
                                 <all>