[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 766 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 766

  To protect the constitutional right to travel to foreign countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                  May 9 (legislative day, May 1), 1995

   Mr. Simon introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To protect the constitutional right to travel to 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 ``Freedom to Travel Act of 1995''.

SEC. 2. TRAVEL TO FOREIGN COUNTRIES.

    (a) Freedom of Travel for United States Citizens and Legal 
Residents.--The President shall not restrict travel abroad by United 
States citizens or legal residents, except to countries with which the 
United States is at war, where armed hostilities are in progress, or 
where there is imminent danger to the public health or the physical 
safety of United States travelers.
    (b) International Emergency Economic Powers Act.--Section 203(b) of 
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is 
amended--
            (1) by striking ``or'' at the end of paragraphs (2) and 
        (3); and
            (2) by amending paragraph (4) to read as follows:
            ``(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 the 
                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 
                or services for personal use;
                    ``(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 
                air, sea, or land voyages, except that this 
                subparagraph does not authorize the carriage of 
                articles into a country except accompanied baggage; and
                    ``(E) normal banking transactions incident to the 
                activities described in the preceding provisions of 
                this paragraph, including the issuance, clearing, 
                processing, or payment of checks, drafts, travelers 
                checks, credit or debit card instruments, or similar 
                instruments;
        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); or''.
    (c) Amendments to 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 by the President in this section 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 or services for personal 
        use.
            ``(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 air, sea, 
        or land voyages, except that this subparagraph does not 
        authorize the carriage of articles into a country except 
        accompanied baggage.
            ``(E) Normal banking transactions incident to the 
        activities described in the preceding provisions of this 
        paragraph, including the issuance, clearing, processing, or 
        payment of checks, drafts, travelers checks, credit or debit 
        card instruments, negotiable instruments, or similar 
        instruments.
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. 3. 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 after paragraph (4) the following new paragraph:
            ``(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.''.
    (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:
    ``(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. 4. 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 paragraph (5) or (6) of 
section 5(b) of the Trading With the Enemy Act.''.

SEC. 5. APPLICABILITY.

    (a) International Economic Emergency Powers Act.--The amendments 
made by sections 2(a) and 3(a) apply to actions taken by the President 
under section 203 of 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.
    (b) Trading With the Enemy Act.--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 such 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 section 5(b)(5) or (6) of the Trading With the 
Enemy Act (as added by this Act) may not be regulated or prohibited.
                                 <all>