[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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