I 108th CONGRESS 2d Session H. R. 4457 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.

1.

Short title

This Act may be cited as the &short-title1;.

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 &short-title1;.. (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.

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.

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.

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).