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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1579 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1579

To restrict the authorities of the President with respect to regulating 
 the exchange of information with, travel to or from, and educational 
            and cultural exchanges with, foreign countries.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

 Mr. Berman (for himself, Mr. Gejdenson, Mr. Miller of California, Mr. 
  Gonzalez, Mr. Conyers, Mr. McCloskey, Mr. Payne of New Jersey, Mr. 
    Sawyer, Mr. Frank of Massachusetts, Ms. Pelosi, Mr. Mineta, Mr. 
    Kopetski, Mr. Waxman, Mr. Rangel, and Mr. Stark) introduced the 
 following bill; which was referred to the Committee on Foreign Affars

_______________________________________________________________________

                                 A BILL

 
To restrict the authorities of the President with respect to regulating 
 the exchange of information with, travel to or from, and educational 
            and cultural exchanges with, foreign countries.

    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 ``Free Trade in Ideas Act of 1993''.

SEC. 2. EXCHANGE OF INFORMATION AND RELATED TRANSACTIONS.

    (a) International Emergency Economic Powers Act.--Section 203(b)(3) 
of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) 
is amended to read as follows:
            ``(3)(A) the importation from or exportation to any 
        country, or the communication or telecommunication or other 
        form of transmission to any country, of information or 
        informational materials which--
                    ``(i) include, but are not limited to--
                            ``(I) publications, films, posters, 
                        phonograph records, photographs, microfilms, 
                        microfiche, audiotapes and videotapes, 
                        artworks, telephone conversations, other voice 
                        or data communications or telecommunications, 
                        telecasts, and news wire feeds,
                            ``(II) other forms of telecommunications, 
                        and
                            ``(III) other materials the creation and 
                        circulation of which in the United States would 
                        be protected by the First Amendment to the 
                        United States Constitution,
                whether those materials are in existence at the time of 
                or are to be created subsequent to or pursuant to a 
                transaction or activity described in this paragraph; 
                and
                    ``(ii) are information and informational materials 
                that are not otherwise controlled for export under 
                section 5 of the Export Administration Act of 1979 and 
                with respect to which no acts are prohibited by chapter 
                37 of title 18, United States Code;
            ``(B) travel related to any such importation, exportation, 
        communication, telecommunication, or transmission;
            ``(C) transactions for the creation or circulation of or 
        otherwise concerning such information or informational 
        materials, or any rights in such information or informational 
        materials, whether commercial or otherwise; or
            ``(D) other transactions incidental to any activity or 
        transaction described in subparagraph (A), (B), or (C);''.
    (b) Export Administration Act of 1979.--Section 6 of the Export 
Administration Act of 1979 (22 U.S.C. 2405) is amended by adding at the 
end the following new subsection:
    ``(t) Information and Informational Materials.--(1) This section 
does not authorize export controls on--
            ``(A) information or informational materials;
            ``(B) transactions for the creation or circulation of or 
        otherwise concerning such information or informational 
        materials, or any rights in such information or informational 
        materials, whether commercial or otherwise; or
            ``(C) other transactions incidental to the export of any 
        information or informational materials or to any transaction 
        described in subparagraph (B).
    ``(2) The information and informational materials referred to in 
paragraph (1) include, but are not limited to--
            ``(A) publications, films, posters, phonograph records, 
        photographs, microfilms, microfiche, audiotapes and videotapes, 
        artworks, telephone conversations, other voice or data 
        communications or telecommunications, telecasts, and news wire 
        feeds;
            ``(B) other forms of telecommunications; and
            ``(C) other materials the creation and circulation of which 
        in the United States are protected by the First Amendment to 
        the United States Constitution.''.
    (c) Trading With the Enemy Act.--
            (1) Exchange of information and related transactions.--
        Section 5(b)(4) of the Trading with the Enemy Act (50 U.S.C. 
        App. section 5(b)) is amended to read as follows:
    ``(4)(A) The authority granted to the President in this subsection 
does not include the authority to regulate or prohibit, directly or 
indirectly--
            ``(i) the importation from or exportation to any country, 
        or the communication or telecommunication or other form of 
        transmission to any country, of information or informational 
        materials;
            ``(ii) travel related to any such importation, exportation, 
        communication, telecommunication, or transmission;
            ``(iii) transactions for the creation or circulation of or 
        otherwise concerning such information or informational 
        materials, or any rights in such information or informational 
        materials, whether commercial or otherwise, or
            ``(iv) other transactions incidental to any activity or 
        transaction described in clause (i), (ii), or (iii).
    ``(B) The information and informational materials referred to in 
subparagraph (A)--
            ``(i) include, but are not limited to--
                    ``(I) publications, films, posters, phonograph 
                records, photographs, microfilms, microfiche, 
                audiotapes and videotapes, artworks, telephone 
                conversations, other voice or data communications or 
                telecommunications, telecasts, and news wire feeds,
                    ``(II) other forms of telecommunications, and
                    ``(III) other materials the creation and 
                circulation of which in the United States would be 
                protected by the First Amendment to the United States 
                Constitution,
        whether those materials are in existence at the time of or are 
        to be created subsequent to or pursuant to a transaction or 
        activity described in subparagraph (A); and
            ``(ii) are information and informational materials that are 
        not otherwise controlled for export under section 5 of the 
        Export Administration Act of 1979 and with respect to which no 
        acts are prohibited by chapter 37 of title 18, United States 
        Code.''.

SEC. 3. FREEDOM OF TRAVEL FOR UNITED STATES CITIZENS.

    (a) International Emergency Economic Powers Act.--Section 203(b) of 
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is 
amended--
            (1) in paragraph (2) by striking ``or'' after the 
        semicolon; and
            (2) by adding at the end the following:
            ``(4) any of the following transactions incident to travel 
        by individuals who are citizens or residents of the United 
        States:
                    ``(A) any transactions ordinarily incident to 
                travel to or from any country, including importation 
                into a country or the United States of accompanied 
                baggage for personal use only;
                    ``(B) any transactions ordinarily incident to 
                travel or maintenance within any country, including the 
                payment of living expenses and the acquisition of goods 
                for personal consumption;
                    ``(C) any transactions ordinarily incident to the 
                arrangement, promotion, or facilitation of travel to, 
                from, or within a country;
                    ``(D) any transactions incident to nonscheduled 
                flights of aircraft, or nonscheduled voyages of vessels 
                to or from any country, except that this subparagraph 
                does not authorize the carriage of articles into a 
                country except accompanied baggage; or
                    ``(E) normal banking transactions involving foreign 
                currency drafts, traveler's checks, or other negotiable 
                instruments incident to travel to or from any country;
        except that this paragraph does not authorize the importation 
        into the United States of any goods for personal consumption 
        acquired in another country, other than those items described 
        in paragraphs (1) and (3);''.
    (b) Trading With the Enemy Act.--Section 5(b) of the Trading With 
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the 
following new paragraph:
    ``(5) The authority granted to the President in this subsection 
does not include the authority to regulate or prohibit, directly or 
indirectly, any of the following transactions incident to travel by 
individuals who are citizens or residents of the United States:
            ``(A) Any transactions ordinarily incident to travel to or 
        from any country, including importation into a country or the 
        United States of accompanied baggage for personal use only.
            ``(B) Any transactions ordinarily incident to travel or 
        maintenance within any country, including the payment of living 
        expenses and the acquisition of goods for personal consumption.
            ``(C) Any transactions ordinarily incident to the 
        arrangement, promotion, or facilitation of travel to, from, or 
        within a country.
            ``(D) Any transactions incident to nonscheduled flights of 
        aircraft, or nonscheduled voyages of vessels to or from any 
        country, except that this subparagraph does not authorize the 
        carriage of articles into a country except accompanied baggage.
            ``(E) Normal banking transactions involving foreign 
        currency drafts, traveler's checks, or other negotiable 
        instruments incident to travel to or from any country.
This paragraph does not authorize the importation into the United 
States of any goods for personal consumption acquired in another 
country, other than those items described in paragraph (4).''.

SEC. 4. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES.

    (a) International Emergency Economic Powers Act.--Section 203(b) of 
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is 
amended by adding at the end thereof the following:
            ``(5) financial or other transactions, or travel, incident 
        to--
                    ``(A) activities of scholars,
                    ``(B) other educational or academic activities,
                    ``(C) exchanges in furtherance of any such 
                activities,
                    ``(D) cultural activities and exchanges, or
                    ``(E) public exhibitions or performances by the 
                nationals of one country in another country,
        to the extent that any such activities, exchanges, exhibitions, 
        or performances are not otherwise controlled for export under 
        section 5 of the Export Administration Act of 1979 and to the 
        extent that, with respect to such activities, exchanges, 
        exhibitions, or performances, no acts are prohibited by chapter 
        37 of title 18, United States Code; or''.
    (b) Trading With the Enemy Act.--Section 5(b) of the Trading With 
the Enemy Act is amended by adding at the end thereof the following:
    ``(6) The authority granted to the President in this subsection 
does not include the authority to regulate or prohibit, directly or 
indirectly, financial or other transactions, or travel, incident to--
            ``(A) activities of scholars,
            ``(B) other educational or academic activities,
            ``(C) exchanges in furtherance of any such activities,
            ``(D) cultural activities and exchanges, or
            ``(E) public exhibitions or performances by the nationals 
        of one country in another country,
to the extent that any such activities, exchanges, exhibitions, or 
performances are not otherwise controlled for export under section 5 of 
the Export Administration Act of 1979 and to the extent that, with 
respect to such activities, exchanges, exhibitions, or performances, no 
acts are prohibited by chapter 37 of title 18, United States Code.''.

SEC. 5. ESTABLISHMENT OF NEWS BUREAUS.

    (a) International Emergency Economic Powers Act.--Section 203(b) of 
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is 
amended by adding at the end thereof the following:
            ``(6) financial or other transactions related to the 
        establishment of bureaus by United States news organizations in 
        foreign countries, or the establishment of news bureaus in the 
        United States by foreign news organizations.''.
    (b) Trading With the Enemy Act.--Section 5(b) of the Trading With 
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the 
following:
    ``(7) The authority granted to the President in this subsection 
does not include the authority to regulate or prohibit, directly or 
indirectly, financial or other transactions related to the 
establishment of bureaus by United States news organizations in foreign 
countries, or the establishment of news bureaus in the United States by 
foreign news organizations.''.

SEC. 6. FOREIGN ASSISTANCE ACT OF 1961.

    Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a)) is amended by adding at the end thereof the following:
    ``(3) Notwithstanding paragraph (1), the authority granted to the 
President in such paragraph does not include the authority to regulate 
or prohibit, directly or indirectly, any activities or transactions 
which may not be regulated or prohibited under paragraphs (4), (5), 
(6), or (7) of section 5(b) of the Trading With the Enemy Act.''.

SEC. 7. UNITED NATIONS PARTICIPATION ACT.

    Section 5(a) of the United Nations Participation Act of 1945 (22 
U.S.C. 287c) is amended by adding after the first sentence the 
following: ``The authority granted under this section does not include 
the authority to regulate or prohibit any of the activities which may 
not be regulated or prohibited under paragraphs (3), (4), (5), and (6) 
of section 203(b) of the International Emergency Economic Powers 
Act.''.

SEC. 8. APPLICABILITY.

    (a) International Emergency Economic Powers Act.--The amendments 
made by sections 2(a), 3(a), 4(a), and 5(a) apply to actions taken by 
the President under the International Emergency Economic Powers Act 
before the date of the enactment of this Act which are in effect on 
such date of enactment, and to actions taken under such section on or 
after such date of enactment.
    (b) Trading With the Enemy Act.--(1) The authorities conferred upon 
the President by section 5(b) of the Trading With the Enemy Act, which 
were being exercised with respect to a country on July 1, 1977, as a 
result of a national emergency declared by the President before the 
date, and are being exercised on the date of the enactment of this Act, 
do not include the authority to regulate or prohibit, directly or 
indirectly, any activity which, under paragraph (4), (5), (6), or (7) 
of section 5(b) of the Trading With the Enemy Act, as amended and added 
by this Act, may not be regulated or prohibited.
    (2) The amendments made by sections 2(c), 3(b), 4(b), and 5(b) 
apply to actions taken by the President under section 5(b) of the 
Trading With the Enemy Act before the date of the enactment of this Act 
which are in effect on such date of enactment, and to actions taken 
under such section on or after such date of enactment.
    (3) This subsection does not alter the status of assets blocked 
pursuant to the Trading With the Enemy Act before the date of the 
enactment of this Act.
    (c) Export Administration Act of 1979.--The amendment made by 
section 2(b) shall apply to actions taken by the President under 
section 6 of the Export Administration Act of 1979 before the date of 
the enactment of this Act which are in effect on such date of 
enactment, and to actions taken under such section on or after such 
date of enactment.
    (d) Foreign Assistance Act.--(1) The amendment made by section 6 
applies to actions taken by the President under section 620(a)(1) of 
the Foreign Assistance Act of 1961 before the date of the enactment of 
this Act which are in effect on such date of enactment, and to actions 
taken under such section on or after such date of enactment.
    (2) Paragraph (1) does not alter the status of assets blocked 
pursuant to section 620(a)(1) of the Foreign Assistance Act of 1961 
before the date of the enactment of this Act.

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