,i #aacth ,,congress #ast ,session ,h4 ,r4 #aiag ,,in ,,the ,,house ,,of ,,representatives ,may #i1 #bjac ,mr4 ,rush introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,ways and ,means1 ,energy and ,commerce1 the ,judiciary1 ,financial ,services1 ,oversight and ,government ,reform1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 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 ,cuba1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states-,cuba ,normalization ,act of #bjac4 #b4 ,findings ,congress finds that-- 7#a7 with the end of the cold war and the collapse of the ,soviet ,union1 ,cuba is no longer a threat to the ,united ,states or the ,western ,hemisphere2 7#b7 the continuation of the embargo on trade between the ,united ,states and ,cuba that was declared in #aifb is not fulfilling the purpose for which it was established2 7#c7 in the former ,soviet ,union1 the ,eastern bloc countries1 ,china1 and ,vietnam1 the ,united ,states is using diplomatic1 economic1 cultural1 academic1 and scientific engagement to support its policy of promoting democratic and human rights reforms2 7#d7 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 marketplace2 7#e7 the ,united ,states can best support democratic change and human rights in ,cuba by promoting trade and commerce1 travel1 communications1 and cultural1 academic1 and scientific exchanges2 7#f7 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 principles2 and 7#g7 ,cuba was one of the founding members of the ,general ,agreement on ,tariffs and ,trade in #aidg and is an original member of the ,world ,trade ,organization1 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 ,cuba4 #c4 ,removal of provisions restricting trade and other relations with ,cuba 7a7 ,authority for ,embargo and ,sugar ,quota ,section #fbj7;a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgj7;a77 is repealed4 7b7 ,trading ,with the ,enemy ,act ,the authorities conferred upon the ,president by section #e7;b7 of the ,trading ,with the ,enemy ,act1 which were being exercised with respect to ,cuba on ,july #a1 #aigg1 as a result of a national emergency declared by the ,president before that date1 and are being exercised on the day before the effective date of this ,act1 may not be exercised on or after such effective date with respect to ,cuba4 ,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 date4 7c7 ,exercise of ,authorities ,under ,other ,provisions of ,law 7#a7 ,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 #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 shall cease to be effective on such effective date4 7#b7 ,authority for new restrictions ,the ,president may1 on and after the effective date of this ,act-- 7,a7 impose export controls with respect to ,cuba under section #e1 #f7;j71 #f7l71 or #f7m7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act72 and 7,b7 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 threat1 that did not exist before the enactment of this ,act1 to the national security1 foreign policy1 or economy of the ,united ,states4 7d7 ,cuban ,democracy ,act ,the ,cuban ,democracy ,act of #aiib 7#bb ,u4,s4,c4 #fjja and following7 is repealed4 7e7 ,repeal of ,cuban ,liberty and ,democratic ,solidarity 7,,libertad7 ,act of #aiif 7#a7 ,repeal ,the ,cuban ,liberty and ,democratic ,solidarity 7,,libertad7 ,act of #aiif is repealed4 7#b7 ,conforming amendments 7,a7 ,section #dih;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbie;a7 is amended-- 7i7 in subsection 7a77#aa7 by striking and intelligence facilities1 including the military and intelligence facilities at ,lourdes and ,cienfuegos1 and inserting facilities12 7ii7 in subsection 7b7-- 7,i7 in paragraph 7#d71 by adding and after the semicolon2 7,,ii7 by striking paragraph 7#e72 and 7,,iii7 by redesignating paragraph 7#f7 as paragraph 7#e72 and 7iii7 by striking subsection 7d74 7,b7 ,section #dih;,b7k7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbie;b7k77 is amended by striking paragraphs 7#c7 and 7#d74 7,c7 ,section #afaa of title #bh1 ,united ,states ,code1 is amended by striking subsection 7c74 7,d7 ,sections #ead and #eae of the ,international ,claims ,settlement ,act of #aidi 7#bb ,u4,s4,c4 #afdcl and #afdcm7 are repealed4 7f7 ,trade ,sanctions ,reform and ,export ,enhancement ,act of #bjjj ,the ,trade ,sanctions ,reform and ,export ,enhancement ,act of #bjjj 7#bb ,u4,s4,c4 #gbja et seq47 is amended-- 7#a7 in section #ijf7;a77#a7 7#bb ,u4,s4,c4 #gbje7;a77#a77-- 7,a7 by striking ,cuba12 and 7,b7 by inserting 7other than ,cuba7 after to the government of a country2 7#b7 in section #ijh 7#bb ,u4,s4,c4 #gbjg7-- 7,a7 by striking subsection 7b72 7,b7 in subsection 7a7-- 7i7 by striking ,prohibition and all that follows through 7#a7 ,in general4-- and inserting ,in ,general4--2 7ii7 by striking for exports to ,cuba or2 7iii7 by striking paragraph 7#b72 and 7iv7 by redesignating paragraph 7#c7 as subsection 7b7 7and conforming the margin accordingly72 and 7,c7 in subsection 7b7 7as redesignated71 by striking paragraph 7#a7 and inserting subsection 7a72 7#c7 by striking section #iji 7#bb ,u4,s4,c4 #gbjh72 7#d7 by striking section #iaj 7#bb ,u4,s4,c4 #gbji72 and 7#e7 by redesignating section #iaa as section #iji4 7g7 ,repeal of ,prohibition on ,transactions or ,payments ,with ,respect to ,certain ,united ,states ,intellectual ,property ,section #baa of the ,department of ,commerce and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;b7 of division ,a of ,public ,law #aje-bgg2 #aab ,stat4 #bfha-hh7 is repealed4 7h7 ,termination of ,denial of ,foreign ,tax ,credit ,with ,respect to ,cuba ,subparagraph 7,a7 of section #ija7;j77#b7 of the ,internal ,revenue ,code of #aihf 7relating to denial of foreign tax credit1 etc41 with respect to certain foreign countries7 is amended by adding at the end the following new flush sentence3 ,notwithstanding the preceding sentence1 this subsection shall not apply to ,cuba after the date which is #fj days after the date of the enactment of this sentence4 4 7i7 ,sugar ,quota ,prohibition ,under ,food ,security ,act of #aihe ,section #ijb7;c7 of the ,food ,security ,act of #aihe is repealed4 #d4 ,telecommunications equipment and facilities ,any common carrier within the meaning of section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec7 is authorized to install1 maintain1 and repair telecommunications equipment and facilities in ,cuba1 and otherwise provide telecommunications services between the ,united ,states and ,cuba4 ,the authority of this section includes the authority to upgrade facilities and equipment4 #e4 ,travel 7a7 ,in ,general ,travel to and from ,cuba by individuals who are citizens or residents of the ,united ,states1 and any transactions ordinarily incident to such travel1 may not be regulated or prohibited if such travel would be lawful in the ,united ,states4 7b7 ,transactions ,incident to ,travel ,any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection 7a7 include1 but are not limited to-- 7#a7 transactions ordinarily incident to travel or maintenance in ,cuba2 and 7#b7 normal banking transactions involving foreign currency drafts1 traveler's checks1 or other negotiable instruments incident to such travel4 #f4 ,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 ,cuba1 including1 in the absence of common carrier service between the #b countries1 the use of charter providers4 #g4 ,negotiations with ,cuba 7a7 ,negotiations ,the ,president should take all necessary steps to conduct negotiations with the ,government of ,cuba-- 7#a7 for the purpose of settling claims of nationals of the ,united ,states against the ,government of ,cuba for the taking of property by such government2 and 7#b7 for the purpose of securing the protection of internationally recognized human rights4 7b7 ,definitions ,as used in this section1 the terms national of the ,united ,states and property have the meanings given those terms in section #ejb of the ,international ,claims ,settlement ,act of #aidi 7#bb ,u4,s4,c4 #afdc;a74 #h4 ,extension of nondiscriminatory trade treatment 7a7 ,sense of ,congress 7#a7 ,in general ,it is the sense of the ,congress that-- 7,a7 the ,united ,states should promote democratic change and economic reform by normalizing trade relations with ,cuba2 and 7,b7 upon the enactment of this ,act1 it will no longer be necessary for the ,united ,states to continue to use article ,,xxi of the ,,gatt #aiid with respect to ,cuba1 understanding that the ,president retains full authority to invoke article ,,xxi of the ,,gatt #aiid and comparable provisions in other ,uruguay ,round ,agreements in the future in all appropriate circumstances4 7#b7 ,definitions ,in this section1 the term ,,gatt #aiid and ,uruguay ,round ,agreements have the meanings given those terms in section #b of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja74 7b7 ,extension of nondiscriminatory treatment to the products of cuba 7#a7 ,harmonized tariff schedule amendments ,general note #c7;b7 of the ,harmonized ,tariff ,schedule of the ,united ,states is amended-- 7,a7 by striking to section #dja of the ,tariff ,classification ,act of #aifb12 and 7,b7 by striking ,cuba4 7#b7 ,repeal of section #dja of the tariff classification act of #aifb ,section #dja of the ,tariff ,classification ,act of #aifb 7#gf ,stat4 #gh7 is repealed4 7#c7 ,termination of application of title iv of the trade act of #aigd to cuba 7,a7 ,extension of nondiscriminatory treatment ,nondiscriminatory treatment 7normal trade relations treatment7 shall apply to the products of ,cuba4 7,b7 ,termination of application of title iv ,title ,,iv of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baja et seq47 shall cease to apply to ,cuba4 7#d7 ,effective date ,this section1 and the amendments and repeal made by this section1 shall apply with respect to goods entered1 or withdrawn from warehouse for consumption1 on or after the #aeth day after the effective date of this ,act4 7c7 ,report to congress ,the ,president shall submit to the ,congress1 not later than #ah months after the date of the enactment of this ,act1 a report on trade relations between the ,united ,states and ,cuba4 #i4 ,prohibition on limiting annual remittances 7a7 ,in general ,except as provided in subsection 7b71 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 ,states1 and the ,secretary shall rescind all regulations in effect on the date of enactment of this ,act that so limit the amount of those remittances4 7b7 ,statutory construction ,nothing in subsection 7a7 may be construed to prohibit the prosecution or conviction of any person committing an offense described in section #aief of title #ah1 ,united ,states ,code 7relating to the laundering of monetary instruments7 or section #aieg of such title 7relating to engaging in monetary transactions in property derived from specific unlawful activity74 #aj4 ,removal of ,cuba from ,state ,sponsors of ,terrorism ,list 7a7 ,in general ,notwithstanding the provisions of law described in subsection 7b71 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 rescinded4 7b7 ,provisions of law described ,the provisions of law referred to in subsection 7a7 are section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 and section #f7;j7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdje7;j774 7c7 ,effective date ,this section shall take effect on the effective date of this ,act4 #aa4 ,statement of policy calling for release of ,alan ,phillip ,gross 7a7 ,findings ,congress finds the following3 7#a7 ,the ,government of ,cuba has signed the ,international ,covenant on ,civil and ,political ,rights4 7#b7 ,on ,november #bc1 #bjab1 the ,united ,nations ,human ,rights ,council's ,working ,group on ,arbitrary ,detention published ,opinion ,no4 #fi_/bjab stating ,the imprisonment of ,mr4 ,alan ,phillip ,gross by the justice system of the ,republic of ,cuba is arbitrary44 7b7 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 call for the immediate and unconditional release of ,united ,states citizen ,alan ,phillip ,gross2 and 7#b7 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 ,mr4 ,gross and to allow him to choose a doctor to provide him with an independent medical assessment4 #ab4 ,effective date ,this ,act and the amendments made by this ,act shall take effect-- 7#a7 #fj days after the date of the enactment of this ,act1 or 7#b7 #fj 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 ,cuba1 whichever occurs later4