Freedom to Export to Cuba Act of 2019

II 116TH CONGRESS 1ST SESSION S. 428 To lift the trade embargo on Cuba. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2019 Ms. KLOBUCHAR (for herself, Mr. ENZI, and Mr. LEAHY) introduced the fol- lowing bill; which was read twice and referred to the Committee on Bank- ing, Housing, and Urban Affairs A BILL To lift the trade embargo on Cuba. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Freedom to Export 4 to Cuba Act of 2019’’. 5 SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE 6 AND OTHER RELATIONS WITH CUBA. 7 (a) AUTHORITY FOR EMBARGO.— 8 (1) IN GENERAL.—Section 620(a) of the For- 9 eign Assistance Act of 1961 (22 U.S.C. 2370(a)) is 10 amended by striking ‘‘(1) No assistance’’ and all 11 VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 428 IS that follows through ‘‘(2) Except’’ and inserting 1 ‘‘Except’’. 2 (2) CONFORMING AMENDMENT.—Section 1709 3 of the Cuban Democracy Act of 1992 (22 U.S.C. 4 6008) is amended by striking ‘‘section 620(a)(2)’’ 5 and inserting ‘‘section 620(a)’’. 6 (b) TRADING WITH THE ENEMY ACT.— 7 (1) IN GENERAL.—The authorities conferred 8 upon the President by section 5(b) of the Trading 9 With the Enemy Act (50 U.S.C. 4305(b)), which 10 were being exercised with respect to Cuba on July 11 1, 1977, as a result of a national emergency de- 12 clared by the President before that date, and are 13 being exercised on the day before the date of the en- 14 actment of this Act, may not be relied upon on or 15 after such date of enactment to continue the imposi- 16 tion of direct restrictions on trade with Cuba. 17 (2) REGULATIONS.—Any regulation that im- 18 poses direct restrictions on trade with Cuba in effect 19 on the day before the date of the enactment of this 20 Act pursuant to the exercise of authorities described 21 in paragraph (1) shall cease to be effective for that 22 purpose on and after such date of enactment. 23 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO- 24 VISIONS OF LAW.— 25 VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 428 IS (1) REMOVAL OF PROHIBITIONS.—Any prohibi- 1 tion on exports to Cuba that is in effect on the day 2 before the date of the enactment of this Act under 3 the Export Administration Act of 1979 or the Ex- 4 port Control Reform Act of 2018 (50 U.S.C. 4801 5 et seq.) shall cease to be effective on and after such 6 date of enactment. 7 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 8 President may, on and after the date of the enact- 9 ment of this Act— 10 (A) impose export controls with respect to 11 Cuba under section 1753 or 1754(c) of the Ex- 12 port Control Reform Act of 2018 (50 U.S.C. 13 4812 and 4813(c)); and 14 (B) exercise the authorities the President 15 has under the International Emergency Eco- 16 nomic Powers Act (50 U.S.C. 1701 et seq.) 17 with respect to Cuba pursuant to a declaration 18 of national emergency required by that Act that 19 is made on account of an unusual and extraor- 20 dinary threat to the national security, foreign 21 policy, or economy of the United States, that 22 did not exist before the date of the enactment 23 of this Act. 24 (d) CUBAN DEMOCRACY ACT.— 25 VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 428 IS (1) IN GENERAL.—The Cuban Democracy Act 1 of 1992 (22 U.S.C. 6001 et seq.) is amended— 2 (A) by striking section 1704 (22 U.S.C. 3 6003); 4 (B) in section 1705(e) (22 U.S.C. 5 6004(e))— 6 (i) by striking paragraph (5); and 7 (ii) by redesignating paragraph (6) as 8 paragraph (5); 9 (C) by striking section 1706 (22 U.S.C. 10 6005); and 11 (D) by striking section 1708 (22 U.S.C. 12 6007). 13 (2) CONFORMING AMENDMENT.—Paragraph (3) 14 of section 204(b) of the Cuban Liberty and Demo- 15 cratic Solidarity (LIBERTAD) Act of 1996 (22 16 U.S.C. 6064(b)) is amended to read as follows: 17 ‘‘(3) section 1705(d) of the Cuban Democracy 18 Act of 1992 (22 U.S.C. 6004(d));’’. 19 (e) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY 20 ACT.— 21 (1) IN GENERAL.—The Cuban Liberty and 22 Democratic Solidarity (LIBERTAD) Act of 1996 23 (22 U.S.C. 6021 et seq.) is amended— 24 (A) by striking sections 101 through 108; 25 VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 428 IS (B) in section 109(a) (22 U.S.C. 6039(a)), 1 by striking ‘‘(including section 102 of this 2 Act)’’; 3 (C) by striking sections 110 through 116; 4 and 5 (D) by striking title II (22 U.S.C. 6061 et 6 seq.). 7 (2) CONFORMING AMENDMENT.—Section 606 8 of the Illegal Immigration Reform and Immigrant 9 Responsibility Act of 1996 (Public Law 104–208; 8 10 U.S.C. 1255 note) is repealed. 11 (f) TRADE SANCTIONS REFORM AND EXPORT EN- 12 HANCEMENT ACT OF 2000.—The Trade Sanctions Re- 13 form and Export Enhancement Act of 2000 (22 U.S.C. 14 7201 et seq.) is amended— 15 (1) in section 906(a)(1) (22 U.S.C. 16 7205(a)(1)), by striking ‘‘Cuba,’’; 17 (2) in section 908 (22 U.S.C. 7207)— 18 (A) by striking subsection (b); 19 (B) in subsection (a)— 20 (i) by striking ‘‘PROHIBITION’’ and all 21 that follows through ‘‘(1) IN GENERAL.— 22 Notwithstanding’’ and inserting ‘‘IN GEN- 23 ERAL.—Notwithstanding’’; 24 VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 428 IS (ii) by striking ‘‘for exports to Cuba 1 or’’; 2 (iii) by striking paragraph (2); and 3 (iv) by redesignating paragraph (3) as 4 subsection (b) and by moving such sub- 5 section, as so redesignated, 2 ems to the 6 left; and 7 (C) in subsection (b), as redesignated by 8 subparagraph (B)(iv), by striking ‘‘paragraph 9 (1)’’ and inserting ‘‘subsection (a)’’; and 10 (3) by striking section 909 (22 U.S.C. 7208). 11 Æ VerDate Sep 11 2014 18:48 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S428.IS S428 pamtmann on DSKBFK8HB2PROD with BILLS