I 

108TH CONGRESS 

2D SESSION H. R. 4457 

To require congressional renewal of trade and travel restrictions on Cuba. 

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 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.— 
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1 (1) EXPIRATION.—Notwithstanding any other 

2 provision of law, the restrictions described in section 

3 3(a) shall, with respect to Cuba, expire 1 year from 

4 the date of enactment of this Act unless renewed 

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

6 (2) RESOLUTION BY CONGRESS.—The restric7 tions contained in section 3(a) may be renewed an8 nually for a 1-year period if, prior to the anniversary 

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

10 thereafter, a renewal resolution is enacted into law 

11 in accordance with subsection (b). 

12 (b) RENEWAL RESOLUTIONS.— 

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

14 the term ‘‘renewal resolution’’ means a joint resolu15 tion of the two Houses of Congress, the sole matter 

16 after the resolving clause of which is as follows: 

17 ‘‘That Congress approves the renewal of the restric18 tions contained in section 3(a) of the Cuba Sanc19 tions Reform Act of 2004.’’. 

20 (2) PROCEDURES.— 

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

22 (i) may be introduced in either House 

23 of Congress by any member of such House 

24 at any time within the 90-day period be-
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1 fore the expiration of the restrictions de2 scribed in section 3(a); and 

3 (ii) the provisions of subparagraph 

4 (B) shall apply. 

5 (B) EXPEDITED CONSIDERATION.—The 

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

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

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

9 resolution under this Act as if such resolution 

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

11 the Trade Act of 1974. 

12 SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RE13 LATIONS WITH CUBA. 

14 (a) PROVISIONS SUBJECT TO RENEWAL.—The re15 strictions described in this subsection that are subject to 

16 renewal as described in section 2 are as follows: 

17 (1) The prohibition or termination of assistance 

18 contained in section 620(a) of the Foreign Assist19 ance Act of 1961 (22 U.S.C. 2370(a)). 

20 (2) The authorities conferred upon the Presi21 dent by section 5(b) of the Trading with the Enemy 

22 Act (50 U.S.C. App. 5(b)), which were being exer23 cised with respect to Cuba on July 1, 1977, as a re24 sult of a national emergency declared by the Presi-
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1 dent before that date, and are being exercised on the 

2 day before the date of enactment of this Act. 

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

4 in effect on the day before the date of enactment of 

5 this Act under the Export Administration Act of 

6 1979 (50 U.S.C. App. 2401 et seq.). 

7 (4) The sanctions contained in section 1704 

8 and section 1706 of the Cuban Democracy Act of 

9 1992 (22 U.S.C. 6003 and 6005). 

10 (5) The sanctions contained in the Cuban Lib11 erty and Democratic Solidarity (LIBERTAD) Act of 

12 1996 (22 U.S.C. 6021 et seq.). 

13 (6) The prohibitions relating to Cuba contained 

14 in sections 908, 909, and 910 of the Trade Sanc15 tions Reform and Export Enhancement Act of 2000 

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

17 7208, and 7209). 

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

19 the Internal Revenue Code of 1986 (relating to de20 nial of foreign tax credit, etc., with respect to certain 

21 foreign countries). 

22 (8) The prohibition relating to sugar imports 

23 established under section 902(c) of the Food Secu24 rity Act of 1985 (7 U.S.C. 1446g note; Public Law 

25 99–198). 
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1 (9) The restrictions on common carriers, as de2 fined in section 3(10) of the Communications Act of 

3 1934 (47 U.S.C. 153(10)), related to Cuba, includ4 ing restrictions regarding the installation, mainte5 nance, repair, and upgrading of telecommunications 

6 equipment and facilities, and the provision of tele7 communications services between the United States 

8 and Cuba. 

9 (b) AUTHORITY FOR NEW RESTRICTIONS.—The 

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

11 Act— 

12 (1) impose export controls with respect to Cuba 

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

14 Administration Act of 1979; and 

15 (2) exercise the authority of the President 

16 under the International Emergency Economic Pow17 ers Act (50 U.S.C. 1701 et seq.) with respect to 

18 Cuba pursuant to a declaration of national emer19 gency required by that Act that is made on account 

20 of an unusual and extraordinary threat to the na21 tional security, foreign policy, or economy of the 

22 United States, that is not the basis for sanctions 

23 that exist before the date of the enactment of this 

24 Act. 
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1 SEC. 4. TRAVEL. 

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

3 and from Cuba by individuals who are citizens or residents 

4 of the United States, and any transactions ordinarily inci5 dent to such travel, that may be regulated or prohibited 

6 shall be subject to expiration, and renewal by joint resolu7 tion of the two Houses of Congress, as described in section 

8 2. 

9 (b) TRANSACTIONS INCIDENT TO TRAVEL.—For pur10 poses of subsection (a), the term ‘‘any transactions ordi11 narily incident to travel’’ includes— 

12 (1) transactions ordinarily incident to travel or 

13 maintenance in Cuba; and 

14 (2) normal banking transactions involving for15 eign currency drafts, traveler’s checks, or other ne16 gotiable instruments incident to such travel. 

17 SEC. 5. ANNUAL REMITTANCES. 

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

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

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

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

22 shall be subject to expiration, and renewal by joint resolu23 tion of the two Houses of Congress, as described in section 

24 2. 

25 (b) STATUTORY CONSTRUCTION.—Nothing in sub26 section (a) may be construed to prohibit the prosecution 
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1 or conviction of any person committing an offense de2 scribed in section 1956 of title 18, United States Code 

3 (relating to the laundering of monetary instruments) or 

4 section 1957 of such title (relating to engaging in mone5 tary transactions in property derived from specific unlaw6 ful activity). 

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