[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2449 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2449

To require congressional renewal of trade and travel restrictions with 
                            respect to Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2004

  Mr. Baucus (for himself, Mr. Roberts, and Mr. Enzi) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To require congressional renewal of trade and travel restrictions with 
                            respect to 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 
        did not exist before the date of 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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