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.
Be it enacted by the Senate and House of Representa-
tives 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 POW-
ERS ACT.—Section 203(b)(3) of the International Emer-
gency 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 telecommuni-
cation 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, pho-
nograph records, photographs, microfilms,
microfiche, audiotapes and videotapes,
artworks, telephone conversations, other
voice or data communications or tele-
communications, telecasts, and news wire
feeds,
‘‘(II) other forms of telecommuni-
cations, 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 Constitu-
tion,
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 Adminis-
tration 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, ex-
portation, communication, telecommunication, or
transmission;
‘‘(C) transactions for the creation or circulation
of or otherwise concerning such information or infor-
mational materials, or any rights in such informa-
tion or informational materials, whether commercial
or otherwise; or
‘‘(D) other transactions incidental to any activ-
ity or transaction described in subparagraph (A),
(B), or (C);’’.
(b) EXPORT ADMINISTRATION ACT OF 1979.—Sec-
tion 6 of the Export Administration Act of 1979 (22
U.S.C. 2405) is amended by adding at the end the follow-
ing new subsection:
‘‘(t) INFORMATION
AND
INFORMATIONAL
MATE-
RIALS.—(1) This section does not authorize export con-
trols on—
‘‘(A) information or informational materials;
‘‘(B) transactions for the creation or circulation
of or otherwise concerning such information or infor-
mational materials, or any rights in such informa-
tion 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 re-
ferred to in paragraph (1) include, but are not limited
to—
‘‘(A) publications, films, posters, phonograph
records, photographs, microfilms, microfiche, audio-
tapes and videotapes, artworks, telephone conversa-
tions, other voice or data communications or tele-
communications, telecasts, and news wire feeds;
‘‘(B) other forms of telecommunications; and
‘‘(C) other materials the creation and circula-
tion of which in the United States are protected by
the First Amendment to the United States Constitu-
tion.’’.
(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 in-
formation or informational materials;
‘‘(ii) travel related to any such importation, ex-
portation, communication, telecommunication, or
transmission;
‘‘(iii) transactions for the creation or circulation
of or otherwise concerning such information or infor-
mational materials, or any rights in such informa-
tion or informational materials, whether commercial
or otherwise, or
‘‘(iv) other transactions incidental to any activ-
ity or transaction described in clause (i), (ii), or (iii).
‘‘(B) The information and informational materials re-
ferred to in subparagraph (A)—
‘‘(i) include, but are not limited to—
‘‘(I) publications, films, posters, phono-
graph records, photographs, microfilms, micro-
fiche, audiotapes and videotapes, artworks, tele-
phone conversations, other voice or data com-
munications or telecommunications, telecasts,
and news wire feeds,
‘‘(II) other forms of telecommunications,
and
‘‘(III) other materials the creation and cir-
culation of which in the United States would be
protected by the First Amendment to the Unit-
ed 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 mate-
rials 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 prohib-
ited by chapter 37 of title 18, United States Code.’’.
SEC. 3. FREEDOM OF TRAVEL FOR UNITED STATES CITI-
ZENS.
(a) INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS 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 im-
portation 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, in-
cluding 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 non-
scheduled flights of aircraft, or nonscheduled
voyages of vessels to or from any country, ex-
cept that this subparagraph does not authorize
the carriage of articles into a country except ac-
companied baggage; or
‘‘(E) normal banking transactions involv-
ing 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 para-
graph:
‘‘(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 trans-
actions 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 subpara-
graph 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 de-
scribed in paragraph (4).’’.
SEC. 4. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVI-
TIES AND EXCHANGES.
(a) INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS 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 activi-
ties,
‘‘(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, ex-
hibitions, or performances are not otherwise con-
trolled for export under section 5 of the Export Ad-
ministration Act of 1979 and to the extent that,
with respect to such activities, exchanges, exhibi-
tions, 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 trans-
actions, or travel, incident to—
‘‘(A) activities of scholars,
‘‘(B) other educational or academic activities,
‘‘(C) exchanges in furtherance of any such ac-
tivities,
‘‘(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, exhibi-
tions, or performances are not otherwise controlled for ex-
port under section 5 of the Export Administration Act of
1979 and to the extent that, with respect to such activi-
ties, 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 POW-
ERS 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 establish-
ment of news bureaus in the United States by for-
eign 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 trans-
actions related to the establishment of bureaus by United
States news organizations in foreign countries, or the es-
tablishment of news bureaus in the United States by for-
eign 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 in-
clude the authority to regulate or prohibit, directly or indi-
rectly, any activities or transactions which may not be reg-
ulated 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
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 be-
fore 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 Ad-
ministration 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 amend-
ment made by section 6 applies to actions taken by the
President under section 620(a)(1) of the Foreign Assist-
ance 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 As-
sistance Act of 1961 before the date of the enactment of
this Act.