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108th CONGRESS
2d Session
H. R. 4457
To require congressional renewal of trade and travel restrictions on
Cuba.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Otter (for himself, Mr. Flake, Mr. Delahunt, Mr. Nethercutt, Mr.
Farr, and Mr. McGovern) introduced the following bill; which was
referred to the Committee on International Relations, and in addition
to the Committees on Rules, Ways and Means, Energy and Commerce,
Financial Services, 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 require congressional renewal of trade and travel restrictions on
Cuba.
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 ``Cuba Sanctions Reform Act of 2004''.
SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA.
(a) Continuation of Sanctions.--
(1) Expiration.--Notwithstanding any other provision of
law, the restrictions described in section 3(a) shall, with
respect to Cuba, expire 1 year from the date of enactment of
this Act unless renewed pursuant to paragraph (2) and
subsection (b).
(2) Resolution by congress.--The restrictions contained in
section 3(a) may be renewed annually for a 1-year period if,
prior to the anniversary of the date of enactment of this Act,
and each year thereafter, a renewal resolution is enacted into
law in accordance with subsection (b).
(b) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the two
Houses of Congress, the sole matter after the resolving clause
of which is as follows: ``That Congress approves the renewal of
the restrictions contained in section 3(a) of the Cuba
Sanctions Reform Act of 2004.''.
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of
Congress by any member of such House at any
time within the 90-day period before the
expiration of the restrictions described in
section 3(a); and
(ii) the provisions of subparagraph (B)
shall apply.
(B) Expedited consideration.--The provisions of
section 152 (b), (c), (d), (e), and (f) of the Trade
Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and
(f)) apply to a renewal resolution under this Act as if
such resolution were a resolution described in section
152(a) of the Trade Act of 1974.
SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA.
(a) Provisions Subject to Renewal.--The restrictions described in
this subsection that are subject to renewal as described in section 2
are as follows:
(1) The prohibition or termination of assistance contained
in section 620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)).
(2) The authorities conferred upon the President by section
5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(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 date of enactment of this Act.
(3) Any prohibition on exports to Cuba that is in effect on
the day before the date of enactment of this Act under the
Export Administration Act of 1979 (50 U.S.C. App. 2401 et
seq.).
(4) The sanctions contained in section 1704 and section
1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and
6005).
(5) The sanctions contained in the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et
seq.).
(6) The prohibitions relating to Cuba contained in sections
908, 909, and 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of Public Law 106-387; 22
U.S.C. 7207, 7208, and 7209).
(7) 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).
(8) The prohibition relating to sugar imports established
under section 902(c) of the Food Security Act of 1985 (7 U.S.C.
1446g note; Public Law 99-198).
(9) The restrictions on common carriers, as defined in
section 3(10) of the Communications Act of 1934 (47 U.S.C.
153(10)), related to Cuba, including restrictions regarding the
installation, maintenance, repair, and upgrading of
telecommunications equipment and facilities, and the provision
of telecommunications services between the United States and
Cuba.
(b) Authority for New Restrictions.--The President may, on or after
the date of enactment of this Act--
(1) impose export controls with respect to Cuba under
section 5, 6(j), 6(l), or 6(m) of the Export Administration Act
of 1979; and
(2) exercise the authority of the President 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
is not the basis for sanctions that exist before the date of
the enactment of this Act.
SEC. 4. TRAVEL.
(a) In General.--Restrictions related to travel to and from Cuba by
individuals who are citizens or residents of the United States, and any
transactions ordinarily incident to such travel, that may be regulated
or prohibited shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
(b) Transactions Incident to Travel.--For purposes of subsection
(a), the term ``any transactions ordinarily incident to travel''
includes--
(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. 5. ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), any limit
the Secretary of the Treasury may place on the amount of remittances to
Cuba made by any person who is subject to the jurisdiction of the
United States, shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
(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).
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