[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 136 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 136
To lift the trade embargo on Cuba, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2025
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
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 Act of
2025''.
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--
(1) In general.--Section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(2) Conforming amendment.--Section 1610(f)(1)(A) of title
28, United States Code, is amended by striking ``section 620(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)),''.
(b) Trading With the Enemy Act.--
(1) In general.--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.
(2) Regulations.--Any regulation in effect on the day
before the effective date of this Act pursuant to the exercise
of authorities described in paragraph (1) shall cease to be
effective on such effective 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 (Public
Law 96-72; 93 Stat. 503) or 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 to the national security, foreign
policy, or economy of the United States, that did not
exist before the date of the enactment of this Act.
(d) Repeal of Cuban Democracy Act of 1992.--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) Visa revocation.--Section 428(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 236(c)(2)) is
amended--
(i) by striking subparagraph (K); and
(ii) by redesignating subparagraphs (L)
through (P) as subparagraphs (K) through (O),
respectively.
(B) Effect of determination.--Section 606 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 8 U.S.C. 1255 note) is
repealed.
(C) Property immune from attachment.--Section 1611
of title 28, United States Code, is amended by striking
subsection (c).
(D) International claims.--Sections 514 and 515 of
the International Claims Settlement Act of 1949 (22
U.S.C. 1643l and 1643m) are repealed.
(f) Repeal of Provisions Imposing Certain Restrictions on
Assistance to Former Soviet Countries.--
(1) In general.--Section 498A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2295a) is amended--
(A) in subsection (a)(11), by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(B) in subsection (b)--
(i) in paragraph (4), by inserting ``or''
after the semicolon;
(ii) by striking paragraph (5); and
(iii) by redesignating paragraph (6) as
paragraph (5); and
(C) by striking subsection (d).
(2) Definitions.--Section 498B(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking
paragraphs (3) and (4).
(g) 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)), by
striking ``Cuba,'';
(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 by moving such subsection,
as so redesignated, 2 ems to the left; and
(C) in subsection (b), as redesignated by
subparagraph (B)(iv), 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 (Public Law 106-387; 114
Stat. 1549A-72) as section 909.
(h) 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.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Subsection (c) of section 902 of the Food Security Act of 1985 (Public
Law 99-198; 99 Stat. 1444) is repealed.
SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
(a) In General.--Any common carrier, as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), may install, maintain, and
repair telecommunications equipment and facilities in Cuba, and
otherwise provide telecommunications services between the United States
and Cuba.
(b) Upgrade of Facilities and Equipment.--The authority under
subsection (a) includes the authority to upgrade facilities and
equipment.
SEC. 4. 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 that travel would be lawful in the United States.
(b) Transactions Incident To Travel.--Transactions ordinarily
incident to travel that may not be regulated or prohibited under
subsection (a) include the following:
(1) Transactions ordinarily incident to travel or
maintenance in Cuba.
(2) Normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to that travel.
SEC. 5. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
advance 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.--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. 6. 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 subsection, the terms ``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.--Subdivision (b)
of general note 3 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
(Public Law 87-456; 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. 2431 et seq.)
shall cease to apply to Cuba.
(4) Effective date.--This section, and the amendments 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 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. 7. 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 the enactment of this Act that so limit the
amount of those remittances.
(b) Rule of 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. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR TO DENIAL OF FOREIGN
TAX CREDIT WITH RESPECT TO CERTAIN FOREIGN COUNTRIES.
(a) In General.--Subclause (II) of section 901(j)(2)(B)(i) of the
Internal Revenue Code of 1986 is amended by striking ``such country
becomes'' and inserting ``the date on which the President reports to
Congress that such country has been determined to be''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by this section shall apply to any determination regarding
whether a foreign country is described in subparagraph (A) of
section 901(j)(2) of the Internal Revenue Code of 1986 which is
made after the date of the enactment of this Act.
(2) Non-application to countries subject to denial of
foreign tax credit.--Nothing in this section, or the amendment
made by this section, shall be construed to alter, amend, or
otherwise affect the application of subsection (j) of section
901 of such Code to any country which has been determined to be
a country described in paragraph (2)(A) of such subsection on
or before the date of the enactment of this Act.
SEC. 9. EFFECTIVE DATE.
Except as provided in sections 6 and 8, this Act and the amendments
made by this Act shall take effect on the date that is 60 days after
the date of the enactment of this Act.
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