[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 259 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 259

 To allow travel and cultural exchanges between the United States and 
                                 Cuba.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

 Mr. Serrano introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To allow travel and cultural exchanges between the United States and 
                                 Cuba.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRAVEL TO CUBA.

    (a) Freedom of Travel for United States Citizens and Legal 
Residents.--Subject to section 3, the President shall not regulate or 
prohibit, directly or indirectly, travel to or from Cuba by United 
States citizens or legal residents, or any of the transactions incident 
to such travel that are set forth in subsection (b).
    (b) Transactions Incident to Travel.--The transactions referred to 
in subsection (a) are--
            (1) any transactions ordinarily incident to travel to or 
        from Cuba, including the importation into Cuba or the United 
        States of accompanied baggage for personal use only;
            (2) any transactions ordinarily incident to travel or 
        maintenance within Cuba, including the payment of living 
        expenses and the acquisition of goods or services for personal 
        use;
            (3) any transactions ordinarily incident to the 
        arrangement, promotion, or facilitation of travel to, from, or 
        within Cuba;
            (4) any transactions incident to nonscheduled air, sea, or 
        land voyages, except that this paragraph does not authorize the 
        carriage of articles into Cuba or the United States except 
        accompanied baggage; and
            (5) normal banking transactions incident to the activities 
        described in the preceding provisions of this subsection, 
        including the issuance, clearing, processing, or payment of 
        checks, drafts, travelers checks, credit or debit card 
        instruments, or similar instruments;
except that this section does not authorize the importation into the 
United States of any goods for personal consumption acquired in Cuba.

SEC. 2. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES.

    (a) Restriction on Authority.--Subject to section 3, the President 
shall not regulate or prohibit, directly or indirectly, financial or 
other transactions, or travel, incident to those activities described 
in paragraphs (1) through (5) of subsection (b), to the extent that any 
such activities--
            (1) involve United States citizens or legal residents and 
        nationals of Cuba;
            (2) are not otherwise controlled for export under section 5 
        of the Export Administration Act of 1979; and
            (3) with respect to such activities, no acts are prohibited 
        by chapter 37 of title 18, United States Code.
    (b) Activities.--The activities referred to in subsection (a) are--
            (1) activities of scholars;
            (2) other educational, scientific, or academic activities;
            (3) exchanges in furtherance of any such activities;
            (4) cultural activities and exchanges; or
            (5) public exhibitions or performances by the nationals of 
        one country in another country.

SEC. 3. EXCEPTION.

    The restrictions on authority contained in sections 1 and 2 do not 
apply in a case in which the United States is at war with Cuba, armed 
hostilities between the two countries are in progress, or there is 
imminent danger to the public health or the physical safety of United 
States travelers.

SEC. 4. APPLICABILITY.

    This Act applies to actions taken by the President before the date 
of the enactment of this Act which are in effect on such date of 
enactment, and to actions taken on or after such date.

SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS.

    This Act applies notwithstanding section 102(h) of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
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