[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2404 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2404
To lift the trade embargo on Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2019
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, Agriculture, and
Financial Services, 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 Relations
Normalization Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States can best support democratic change
and human rights in Cuba through bilateral dialogue with the
Cuban government and by promoting trade and commerce, travel,
communications, and cultural, academic, and scientific
exchanges;
(2) 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;
(3) 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
(4) 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Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.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 (50 U.S.C.
4305(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 Control Reform Act of 2018 (50 U.S.C.
4801 et seq.) 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 the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.); and
(B) exercise the authorities the President has
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) 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 (22 U.S.C. 6021 et seq.) 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) 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. ONGOING DISCUSSIONS WITH CUBA.
(a) Claims Issues.--
(1) In general.--The President shall take all necessary
steps to conduct negotiations with the Government of Cuba 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) Basis of negotiations.--These negotiations should use
as their basis the three bilateral meetings between the United
States and Cuba held between December 2015 and January 2017.
(b) Human Rights.--
(1) In general.--The President shall take all necessary
steps to engage in bilateral dialogue with the Government of
Cuba for the purpose of securing the protection of
internationally recognized human rights.
(2) Continuation of dialogue.--This bilateral dialogue
should be a continuation of the dialogue between the United
States and Cuba initiated in 2016.
(c) 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. 7. 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. 8. 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. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.
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