Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba.
Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Makes ineffective any prohibition on exports to Cuba under the Export Administration Act of 1979. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act.
Repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba, and (4) the prohibition under the Department of Commerce and Related Agencies Appropriations Act, 1999 on transactions or payments respecting certain U.S. intellectual property.
Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba.
Authorizes common carriers to install and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba.
Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel.
Directs the U.S. Postal Service to provide direct mail service to and from Cuba.
Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property, and (2) secure protection of internationally recognized human rights.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 872 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 872
To lift the trade embargo on Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2013
Mr. Rangel 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 ``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 scientific exchanges.
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 ``or''
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.--
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; 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. 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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
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.
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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.
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.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on General Farm Commodities and Risk Management.
Referred to the Subcommittee on Immigration And Border Security.