II 

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.

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 ‘‘Cuba Sanctions Re5 form Act of 2004’’. 

6 SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA. 

7 (a) CONTINUATION OF SANCTIONS.—

8 (1) EXPIRATION.—Notwithstanding any other 

9 provision of law, the restrictions described in section 

10 3(a) shall, with respect to Cuba, expire 1 year from 
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•S 2449 IS 

1 the date of enactment of this Act unless renewed 

2 pursuant to paragraph (2) and subsection (b). 

3 (2) RESOLUTION BY CONGRESS.—The restric4 tions contained in section 3(a) may be renewed an5 nually for a 1-year period if, prior to the anniversary 

6 of the date of enactment of this Act, and each year 

7 thereafter, a renewal resolution is enacted into law 

8 in accordance with subsection (b). 

9 (b) RENEWAL RESOLUTIONS.—

10 (1) IN GENERAL.—For purposes of this section, 

11 the term ‘‘renewal resolution’’ means a joint resolu12 tion of the two Houses of Congress, the sole matter 

13 after the resolving clause of which is as follows: 

14 ‘‘That Congress approves the renewal of the restric15 tions contained in section 3(a) of the Cuba Sanc16 tions Reform Act of 2004.’’. 

17 (2) PROCEDURES.—

18 (A) IN GENERAL.—A renewal resolution—

19 (i) may be introduced in either House 

20 of Congress by any member of such House 

21 at any time within the 90-day period be22 fore the expiration of the restrictions de23 scribed in section 3(a); and 

24 (ii) the provisions of subparagraph 

25 (B) shall apply. 
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1 (B) EXPEDITED CONSIDERATION.—The 

2 provisions of section 152 (b), (c), (d), (e), and 

3 (f) of the Trade Act of 1974 (19 U.S.C. 2192 

4 (b), (c), (d), (e), and (f)) apply to a renewal 

5 resolution under this Act as if such resolution 

6 were a resolution described in section 152(a) of 

7 the Trade Act of 1974. 

8 SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RE9 LATIONS WITH CUBA. 

10 (a) PROVISIONS SUBJECT TO RENEWAL.—The re11 strictions described in this subsection that are subject to 

12 renewal as described in section 2 are as follows: 

13 (1) The prohibition or termination of assistance 

14 contained in section 620(a) of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2370(a)). 

16 (2) The authorities conferred upon the Presi17 dent by section 5(b) of the Trading with the enemy 

18 Act (50 U.S.C. App. 5(b)), which were being exer19 cised with respect to Cuba on July 1, 1977, as a re20 sult of a national emergency declared by the Presi21 dent before that date, and are being exercised on the 

22 day before the date of enactment of this Act. 

23 (3) Any prohibition on exports to Cuba that is 

24 in effect on the day before the date of enactment of 
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1 this Act under the Export Administration Act of 

2 1979 (50 U.S.C. App. 2401 et seq.). 

3 (4) The sanctions contained in section 1704 

4 and section 1706 of the Cuban Democracy Act of 

5 1992 (22 U.S.C. 6003 and 6005). 

6 (5) The sanctions contained in the Cuban Lib7 erty and Democratic Solidarity (LIBERTAD) Act of 

8 1996 (22 U.S.C. 6021 et seq.). 

9 (6) The prohibitions relating to Cuba contained 

10 in sections 908, 909, and 910 of the Trade Sanc11 tions Reform and Export Enhancement Act of 2000 

12 (title IX of Public Law 106–387; 22 U.S.C. 7207, 

13 7208, and 7209). 

14 (7) Subparagraph (A) of section 901(j)(2) of 

15 the Internal Revenue Code of 1986 (relating to de16 nial of foreign tax credit, etc., with respect to certain 

17 foreign countries). 

18 (8) The prohibition relating to sugar imports 

19 established under section 902(c) of the Food Secu20 rity Act of 1985 (7 U.S.C. 1446g note; Public Law 

21 99–198). 

22 (9) The restrictions on common carriers, as de23 fined in section 3(10) of the Communications Act of 

24 1934 (47 U.S.C. 153(10)), related to Cuba, includ25 ing restrictions regarding the installation, mainte-
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1 nance, repair, and upgrading of telecommunications 

2 equipment and facilities, and the provision of tele3 communications services between the United States 

4 and Cuba. 

5 (b) AUTHORITY FOR NEW RESTRICTIONS.—The 

6 President may, on or after the date of enactment of this 

7 Act—

8 (1) impose export controls with respect to Cuba 

9 under section 5, 6(j), 6(l), or 6(m) of the Export 

10 Administration Act of 1979; and 

11 (2) exercise the authority of the President 

12 under the International Emergency Economic Pow13 ers Act (50 U.S.C. 1701 et seq.) with respect to 

14 Cuba pursuant to a declaration of national emer15 gency required by that Act that is made on account 

16 of an unusual and extraordinary threat to the na17 tional security, foreign policy, or economy of the 

18 United States, that did not exist before the date of 

19 enactment of this Act. 

20 SEC. 4. TRAVEL. 

21 (a) IN GENERAL.—Restrictions related to travel to 

22 and from Cuba by individuals who are citizens or residents 

23 of the United States, and any transactions ordinarily inci24 dent to such travel, that may be regulated or prohibited 

25 shall be subject to expiration, and renewal by joint resolu-
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1 tion of the two Houses of Congress, as described in section 

2 2. 

3 (b) TRANSACTIONS INCIDENT TO TRAVEL.—For pur4 poses of subsection (a), the term ‘‘any transactions ordi5 narily incident to travel’’ includes—

6 (1) transactions ordinarily incident to travel or 

7 maintenance in Cuba; and 

8 (2) normal banking transactions involving for9 eign currency drafts, traveler’s checks, or other ne10 gotiable instruments incident to such travel. 

11 SEC. 5. ANNUAL REMITTANCES. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), any limit the Secretary of the Treasury may place 

14 on the amount of remittances to Cuba made by any person 

15 who is subject to the jurisdiction of the United States, 

16 shall be subject to expiration, and renewal by joint resolu17 tion of the two Houses of Congress, as described in section 

18 2. 

19 (b) STATUTORY CONSTRUCTION.—Nothing in sub20 section (a) may be construed to prohibit the prosecution 

21 or conviction of any person committing an offense de22 scribed in section 1956 of title 18, United States Code 

23 (relating to the laundering of monetary instruments) or 

24 section 1957 of such title (relating to engaging in mone-
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1 tary transactions in property derived from specific unlaw2 ful activity).

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