[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1917 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1917
To lift the trade embargo on Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2013
Mr. Rush 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 Normalization Act
of 2013''.
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 diplomatic,
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. 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 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 effective date 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
effective date of this Act.
SEC. 11. STATEMENT OF POLICY CALLING FOR RELEASE OF ALAN PHILLIP GROSS.
(a) Findings.--Congress finds the following:
(1) The Government of Cuba has signed the International
Covenant on Civil and Political Rights.
(2) On November 23, 2012, the United Nations Human Rights
Council's Working Group on Arbitrary Detention published
Opinion No. 69/2012 stating ``The imprisonment of Mr. Alan
Phillip Gross by the justice system of the Republic of Cuba is
arbitrary.''.
(b) Statement of Policy.--It shall be the policy of the United
States to--
(1) call for the immediate and unconditional release of
United States citizen Alan Phillip Gross; and
(2) urge the Government of Cuba in the meantime to provide
all appropriate diagnostic and medical treatment to address the
full range of medical issues facing Mr. Gross and to allow him
to choose a doctor to provide him with an independent medical
assessment.
SEC. 12. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect--
(1) 60 days after the date of the enactment of this Act, or
(2) 60 days after the date on which the President certifies
to Congress that United States citizen Alan Phillip Gross has
been released from the custody of the Government of Cuba,
whichever occurs later.
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