I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Free Trade in Ideas

5 Act of 1993’’.
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1 SEC. 2. EXCHANGE OF INFORMATION AND RELATED

2 TRANSACTIONS.

3 (a) INTERNATIONAL EMERGENCY ECONOMIC POW4 ERS ACT.—Section 203(b)(3) of the International Emer5 gency Economic Powers Act (50 U.S.C. 1702(b)) is

6 amended to read as follows:

7 ‘‘(3)(A) the importation from or exportation to

8 any country, or the communication or telecommuni9 cation or other form of transmission to any country,

10 of information or informational materials which—

11 ‘‘(i) include, but are not limited to—

12 ‘‘(I) publications, films, posters, pho13 nograph records, photographs, microfilms,

14 microfiche, audiotapes and videotapes,

15 artworks, telephone conversations, other

16 voice or data communications or tele17 communications, telecasts, and news wire

18 feeds,

19 ‘‘(II) other forms of telecommuni20 cations, and

21 ‘‘(III) other materials the creation

22 and circulation of which in the United

23 States would be protected by the First

24 Amendment to the United States Constitu25 tion,
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1 whether those materials are in existence at the

2 time of or are to be created subsequent to or

3 pursuant to a transaction or activity described

4 in this paragraph; and

5 ‘‘(ii) are information and informational

6 materials that are not otherwise controlled for

7 export under section 5 of the Export Adminis8 tration Act of 1979 and with respect to which

9 no acts are prohibited by chapter 37 of title 18,

10 United States Code;

11 ‘‘(B) travel related to any such importation, ex12 portation, communication, telecommunication, or

13 transmission;

14 ‘‘(C) transactions for the creation or circulation

15 of or otherwise concerning such information or infor16 mational materials, or any rights in such informa17 tion or informational materials, whether commercial

18 or otherwise; or

19 ‘‘(D) other transactions incidental to any activ20 ity or transaction described in subparagraph (A),

21 (B), or (C);’’.

22 (b) EXPORT ADMINISTRATION ACT OF 1979.—Sec23 tion 6 of the Export Administration Act of 1979 (22

24 U.S.C. 2405) is amended by adding at the end the follow25 ing new subsection:
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1 ‘‘(t) INFORMATION AND INFORMATIONAL MATE2 RIALS.—(1) This section does not authorize export con3 trols on—

4 ‘‘(A) information or informational materials;

5 ‘‘(B) transactions for the creation or circulation

6 of or otherwise concerning such information or infor7 mational materials, or any rights in such informa8 tion or informational materials, whether commercial

9 or otherwise; or

10 ‘‘(C) other transactions incidental to the export

11 of any information or informational materials or to

12 any transaction described in subparagraph (B).

13 ‘‘(2) The information and informational materials re14 ferred to in paragraph (1) include, but are not limited

15 to—

16 ‘‘(A) publications, films, posters, phonograph

17 records, photographs, microfilms, microfiche, audio18 tapes and videotapes, artworks, telephone conversa19 tions, other voice or data communications or tele20 communications, telecasts, and news wire feeds;

21 ‘‘(B) other forms of telecommunications; and

22 ‘‘(C) other materials the creation and circula23 tion of which in the United States are protected by

24 the First Amendment to the United States Constitu25 tion.’’.
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1 (c) TRADING WITH THE ENEMY ACT.—

2 (1) EXCHANGE OF INFORMATION AND RELATED

3 TRANSACTIONS.—Section 5(b)(4) of the Trading

4 with the Enemy Act (50 U.S.C. App. section 5(b))

5 is amended to read as follows:

6 ‘‘(4)(A) The authority granted to the President in

7 this subsection does not include the authority to regulate

8 or prohibit, directly or indirectly—

9 ‘‘(i) the importation from or exportation to any

10 country, or the communication or telecommunication

11 or other form of transmission to any country, of in12 formation or informational materials;

13 ‘‘(ii) travel related to any such importation, ex14 portation, communication, telecommunication, or

15 transmission;

16 ‘‘(iii) transactions for the creation or circulation

17 of or otherwise concerning such information or infor18 mational materials, or any rights in such informa19 tion or informational materials, whether commercial

20 or otherwise, or

21 ‘‘(iv) other transactions incidental to any activ22 ity or transaction described in clause (i), (ii), or (iii).

23 ‘‘(B) The information and informational materials re24 ferred to in subparagraph (A)—

25 ‘‘(i) include, but are not limited to—
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1 ‘‘(I) publications, films, posters, phono2 graph records, photographs, microfilms, micro3 fiche, audiotapes and videotapes, artworks, tele4 phone conversations, other voice or data com5 munications or telecommunications, telecasts,

6 and news wire feeds,

7 ‘‘(II) other forms of telecommunications,

8 and

9 ‘‘(III) other materials the creation and cir10 culation of which in the United States would be

11 protected by the First Amendment to the Unit12 ed States Constitution,

13 whether those materials are in existence at the time

14 of or are to be created subsequent to or pursuant to

15 a transaction or activity described in subparagraph

16 (A); and

17 ‘‘(ii) are information and informational mate18 rials that are not otherwise controlled for export

19 under section 5 of the Export Administration Act of

20 1979 and with respect to which no acts are prohib21 ited by chapter 37 of title 18, United States Code.’’.
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1 SEC. 3. FREEDOM OF TRAVEL FOR UNITED STATES CITI2 ZENS.

3 (a) INTERNATIONAL EMERGENCY ECONOMIC POW4 ERS ACT.—Section 203(b) of the International Emergency

5 Economic Powers Act (50 U.S.C. 1702(b)) is amended—

6 (1) in paragraph (2) by striking ‘‘or’’ after the

7 semicolon; and

8 (2) by adding at the end the following:

9 ‘‘(4) any of the following transactions incident

10 to travel by individuals who are citizens or residents

11 of the United States:

12 ‘‘(A) any transactions ordinarily incident

13 to travel to or from any country, including im14 portation into a country or the United States of

15 accompanied baggage for personal use only;

16 ‘‘(B) any transactions ordinarily incident

17 to travel or maintenance within any country, in18 cluding the payment of living expenses and the

19 acquisition of goods for personal consumption;

20 ‘‘(C) any transactions ordinarily incident

21 to the arrangement, promotion, or facilitation

22 of travel to, from, or within a country;

23 ‘‘(D) any transactions incident to non24 scheduled flights of aircraft, or nonscheduled

25 voyages of vessels to or from any country, ex26 cept that this subparagraph does not authorize
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1 the carriage of articles into a country except ac2 companied baggage; or

3 ‘‘(E) normal banking transactions involv4 ing foreign currency drafts, traveler’s checks, or

5 other negotiable instruments incident to travel

6 to or from any country;

7 except that this paragraph does not authorize the

8 importation into the United States of any goods for

9 personal consumption acquired in another country,

10 other than those items described in paragraphs (1)

11 and (3);’’.

12 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

13 of the Trading With the Enemy Act (50 U.S.C. App. 5(b))

14 is amended by adding at the end the following new para15 graph:

16 ‘‘(5) The authority granted to the President in this

17 subsection does not include the authority to regulate or

18 prohibit, directly or indirectly, any of the following trans19 actions incident to travel by individuals who are citizens

20 or residents of the United States:

21 ‘‘(A) Any transactions ordinarily incident to

22 travel to or from any country, including importation

23 into a country or the United States of accompanied

24 baggage for personal use only.
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1 ‘‘(B) Any transactions ordinarily incident to

2 travel or maintenance within any country, including

3 the payment of living expenses and the acquisition of

4 goods for personal consumption.

5 ‘‘(C) Any transactions ordinarily incident to the

6 arrangement, promotion, or facilitation of travel to,

7 from, or within a country.

8 ‘‘(D) Any transactions incident to nonscheduled

9 flights of aircraft, or nonscheduled voyages of vessels

10 to or from any country, except that this subpara11 graph does not authorize the carriage of articles into

12 a country except accompanied baggage.

13 ‘‘(E) Normal banking transactions involving

14 foreign currency drafts, traveler’s checks, or other

15 negotiable instruments incident to travel to or from

16 any country.

17 This paragraph does not authorize the importation into

18 the United States of any goods for personal consumption

19 acquired in another country, other than those items de20 scribed in paragraph (4).’’.

21 SEC. 4. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVI22 TIES AND EXCHANGES.

23 (a) INTERNATIONAL EMERGENCY ECONOMIC POW24 ERS ACT.—Section 203(b) of the International Emergency
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1 Economic Powers Act (50 U.S.C. 1702(b)) is amended by

2 adding at the end thereof the following:

3 ‘‘(5) financial or other transactions, or travel,

4 incident to—

5 ‘‘(A) activities of scholars,

6 ‘‘(B) other educational or academic activi7 ties,

8 ‘‘(C) exchanges in furtherance of any such

9 activities,

10 ‘‘(D) cultural activities and exchanges, or

11 ‘‘(E) public exhibitions or performances by

12 the nationals of one country in another country,

13 to the extent that any such activities, exchanges, ex14 hibitions, or performances are not otherwise con15 trolled for export under section 5 of the Export Ad16 ministration Act of 1979 and to the extent that,

17 with respect to such activities, exchanges, exhibi18 tions, or performances, no acts are prohibited by

19 chapter 37 of title 18, United States Code; or’’.

20 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

21 of the Trading With the Enemy Act is amended by adding

22 at the end thereof the following:

23 ‘‘(6) The authority granted to the President in this

24 subsection does not include the authority to regulate or
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1 prohibit, directly or indirectly, financial or other trans2 actions, or travel, incident to—

3 ‘‘(A) activities of scholars,

4 ‘‘(B) other educational or academic activities,

5 ‘‘(C) exchanges in furtherance of any such ac6 tivities,

7 ‘‘(D) cultural activities and exchanges, or

8 ‘‘(E) public exhibitions or performances by the

9 nationals of one country in another country,

10 to the extent that any such activities, exchanges, exhibi11 tions, or performances are not otherwise controlled for ex12 port under section 5 of the Export Administration Act of

13 1979 and to the extent that, with respect to such activi14 ties, exchanges, exhibitions, or performances, no acts are

15 prohibited by chapter 37 of title 18, United States Code.’’.

16 SEC. 5. ESTABLISHMENT OF NEWS BUREAUS.

17 (a) INTERNATIONAL EMERGENCY ECONOMIC POW18 ERS ACT.—Section 203(b) of the International Emergency

19 Economic Powers Act (50 U.S.C. 1702(b)) is amended by

20 adding at the end thereof the following:

21 ‘‘(6) financial or other transactions related to

22 the establishment of bureaus by United States news

23 organizations in foreign countries, or the establish24 ment of news bureaus in the United States by for25 eign news organizations.’’.
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1 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

2 of the Trading With the Enemy Act (50 U.S.C. App. 5(b))

3 is amended by adding at the end the following:

4 ‘‘(7) The authority granted to the President in this

5 subsection does not include the authority to regulate or

6 prohibit, directly or indirectly, financial or other trans7 actions related to the establishment of bureaus by United

8 States news organizations in foreign countries, or the es9 tablishment of news bureaus in the United States by for10 eign news organizations.’’.

11 SEC. 6. FOREIGN ASSISTANCE ACT OF 1961.

12 Section 620(a) of the Foreign Assistance Act of 1961

13 (22 U.S.C. 2370(a)) is amended by adding at the end

14 thereof the following:

15 ‘‘(3) Notwithstanding paragraph (1), the authority

16 granted to the President in such paragraph does not in17 clude the authority to regulate or prohibit, directly or indi18 rectly, any activities or transactions which may not be reg19 ulated or prohibited under paragraphs (4), (5), (6), or (7)

20 of section 5(b) of the Trading With the Enemy Act.’’.

21 SEC. 7. UNITED NATIONS PARTICIPATION ACT.

22 Section 5(a) of the United Nations Participation Act

23 of 1945 (22 U.S.C. 287c) is amended by adding after the

24 first sentence the following: ‘‘The authority granted under

25 this section does not include the authority to regulate or
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1 prohibit any of the activities which may not be regulated

2 or prohibited under paragraphs (3), (4), (5), and (6) of

3 section 203(b) of the International Emergency Economic

4 Powers Act.’’.

5 SEC. 8. APPLICABILITY.

6 (a) INTERNATIONAL EMERGENCY ECONOMIC POW7 ERS ACT.—The amendments made by sections 2(a), 3(a),

8 4(a), and 5(a) apply to actions taken by the President

9 under the International Emergency Economic Powers Act

10 before the date of the enactment of this Act which are

11 in effect on such date of enactment, and to actions taken

12 under such section on or after such date of enactment.

13 (b) TRADING WITH THE ENEMY ACT.—(1) The au14 thorities conferred upon the President by section 5(b) of

15 the Trading With the Enemy Act, which were being exer16 cised with respect to a country on July 1, 1977, as a result

17 of a national emergency declared by the President before

18 the date, and are being exercised on the date of the enact19 ment of this Act, do not include the authority to regulate

20 or prohibit, directly or indirectly, any activity which, under

21 paragraph (4), (5), (6), or (7) of section 5(b) of the Trad22 ing With the Enemy Act, as amended and added by this

23 Act, may not be regulated or prohibited.

24 (2) The amendments made by sections 2(c), 3(b),

25 4(b), and 5(b) apply to actions taken by the President
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1 under section 5(b) of the Trading With the Enemy Act

2 before the date of the enactment of this Act which are

3 in effect on such date of enactment, and to actions taken

4 under such section on or after such date of enactment.

5 (3) This subsection does not alter the status of assets

6 blocked pursuant to the Trading With the Enemy Act be7 fore the date of the enactment of this Act.

8 (c) EXPORT ADMINISTRATION ACT OF 1979.—The

9 amendment made by section 2(b) shall apply to actions

10 taken by the President under section 6 of the Export Ad11 ministration Act of 1979 before the date of the enactment

12 of this Act which are in effect on such date of enactment,

13 and to actions taken under such section on or after such

14 date of enactment.

15 (d) FOREIGN ASSISTANCE ACT.—(1) The amend16 ment made by section 6 applies to actions taken by the

17 President under section 620(a)(1) of the Foreign Assist18 ance Act of 1961 before the date of the enactment of this

19 Act which are in effect on such date of enactment, and

20 to actions taken under such section on or after such date

21 of enactment.

22 (2) Paragraph (1) does not alter the status of assets

23 blocked pursuant to section 620(a)(1) of the Foreign As24 sistance Act of 1961 before the date of the enactment of

25 this Act.
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