[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Reported in Senate (RS)]






                                                       Calendar No. 385
108th CONGRESS
  1st Session
                                 S. 950

          To allow travel between the United States and Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2003

    Mr. Enzi (for himself, Mr. Dorgan, Mr. Baucus, Mr. Dayton, Mr. 
    Bingaman, Mr. Chafee, Mr. Craig, Mr. Johnson, Mrs. Murray, Mr. 
   Jeffords, Mrs. Feinstein, Mr. Leahy, Mr. Nelson of Nebraska, Mr. 
Feingold, Mrs. Boxer, Mr. Crapo, Mr. Durbin, Mr. Bond, Mr. Sununu, Mr. 
Harkin, Mr. Talent, Ms. Cantwell, Mr. Kennedy, Mr. Reed, Mr. Akaka, Mr. 
Dodd, Mr. Hagel, Mrs. Lincoln, Mr. Kerry, Mr. Levin, Mr. Pryor, and Mr. 
    Inouye) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                           November 11, 2003

                Reported by Mr. Lugar, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
          To allow travel 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. SHORT TITLE.

    This Act may be cited as the ``Freedom to Travel to Cuba Act of 
2003''.

SEC. 2. 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, traveler's checks, credit or debit card 
        instruments, or similar instruments.

SEC. 3. EXCEPTIONS.

    (a) Special Circumstances.--The restrictions on authority contained 
in section 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.
    (b) Importation of Goods for Personal Consumption.--Section 2 does 
not authorize the importation into the United States of any goods for 
personal consumption acquired in Cuba.

SEC. 4. APPLICABILITY.

    This Act applies to actions taken by the President before the date 
of the enactment of this Act that 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 (22 U.S.C. 
6032(h)) and section 910(b) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7210(b)).

SEC. 6. CRITICISM OF HUMAN RIGHTS PRACTICES IN CUBA.

    (a) Findings.--
            (1) The democracies of the Western Hemisphere have approved 
        an Inter-American Democratic Charter that sets a regional 
        standard regarding respect for human rights and fundamental 
        freedoms.
            (2) The government of the Republic of Cuba approved and is 
        bound to respect the Charter of the Organization of American 
        States (OAS) and the American Declaration of the Rights and 
        Duties of Man.
            (3) In 2001, 2000, 1999, 1998, and previous years, the 
        government of the Republic of Cuba declined to reply to the OAS 
        Inter-American Commission on Human Rights when it sought the 
        government's views on human rights violations in the Republic 
        of Cuba.
            (4) All countries have an obligation to promote and protect 
        human rights and fundamental freedoms as stated in the Charter 
        of the United Nations and the Universal Declaration of Human 
        Rights.
            (5) The United Nations Commission on Human Rights 
        considered and passed a resolution in 2002 regarding the 
        situation of human rights in the Republic of Cuba and called 
        for the United Nations High Commissioner for Human Rights to 
        send a personal representative to the Republic of Cuba.
            (6) The United States and other countries remain concerned 
        about violations of human rights and fundamental freedoms in 
        the Republic of Cuba, including the freedoms of expression, 
        association, and assembly, and the rights associated with the 
        administration of justice.
            (7) Amnesty International in its 2002 report noted an 
        increase in human rights violations in the Republic of Cuba, 
        including short-term arbitrary arrests, threats, summonses, 
        evictions, interrogations, losses of employment, restrictions 
        on travel, house arrests, and other forms of harassment 
        directed by the government against political dissidents, 
        independent journalists, and other activists in an effort to 
        limit their ability to exercise fundamental freedoms.
            (8) Amnesty International also noted with concern the 
        beginning of a trend toward the increased use of violence by 
        Cuban authorities in order to repress dissent.
            (9) Peaceful dissidents in the Republic of Cuba, such as 
        Oscar Elias Biscet, who upon finishing more than three years in 
        jail for ``instigation to commit a crime'' is again in police 
        custody and facing a possible year-long sentence, are subjected 
        to ongoing harassment and imprisonment.
            (10) Many Cubans are routinely jailed under charges of 
        ``disrespect'' for making negative statements about the 
        government of the Republic of Cuba; of ``public disorder'' for 
        criticizing the Castro regime; of ``revealing state security 
        secrets'' and ``falsifying public documents'' for promoting 
        democratic practices and human rights; of ``disobedience'' for 
        peacefully protesting the Republic of Cuba's brutal treatment 
        of dissidents; of ``damages'' for denouncing violations of 
        human rights by the Cuban government and communicating the 
        brutality of the Cuban regime to Cuban citizens and the world; 
        and of ``enemy propaganda'' for criticizing communism.
            (11) The European Parliament rightfully recognized Oswaldo 
        Paya for his work on the Varela Project with the 2002 Sakharov 
        Prize for his human rights work in the Republic of Cuba.
    (b) Sense of the Senate.--
            (1) It is the Sense of the Senate that the Government of 
        Cuba will never be welcomed into the community of democratic 
        nations unless that government--
                    (A) undertakes significant political and economic 
                reforms called for by reporters of the Varela project 
                which seeks to establish political and economic freedom 
                for the Cuban people;
                    (B) allows the International Committee of the Red 
                Cross unrestricted access to all Cuban prisons and 
                places of detention;
                    (C) honors the request by the United Nations High 
                Commissioner for Human Rights to allow his special 
                representative to visit Cuba to make an assessment of 
                the human rights situation; and
                    (D) frees all political prisoners.
            (2) It is further the sense of the Senate that--
                    (A) the Organization of American States Inter-
                American Commission on Human Rights should continue its 
                reporting on the human rights situation in the Republic 
                of Cuba and to request a visit to the Republic of Cuba 
                for the purposes of reviewing and reporting to the 
                international community on the human rights situation 
                there;
                    (B) the United Nations High Commissioner for Human 
                Rights and his personal representative should 
                vigorously pursue the implementation of the 2002 
                Resolution regarding the situation of human rights in 
                the Republic of Cuba;
                    (C) the European Union, to build upon the European 
                Parliament's recognition of Cuban dissidents and, 
                through the appropriate bodies and mechanisms, should 
                request to visit the Republic of Cuba for the purpose 
                of reviewing the human rights situation there and issue 
                a report to the international community on its 
                findings;
                    (D) representatives from the International 
                Committee of the Red Cross should seek immediate access 
                to all prisons in Cuba and prepare a report on the 
                conditions of incarceration; and
                    (E) human rights organizations throughout the world 
                should issue statements of solidarity with the Cuban 
                human rights activists, political dissidents, prisoners 
                of conscience, independent journalists, and other 
                Cubans demanding their release and seeking to secure 
                their internationally recognized human rights and 
                fundamental freedoms.
            (3) It is further the Sense of the Senate that the 
        Department of State should monitor financial transactions to 
        and from Cuba to ensure that terrorist financing is not 
        occurring.

SEC. 7. REPORT ON TERRORIST FINANCING.

    Not later than 180 days after the date of enactment of this Act, 
and every 180 days thereafter, the Secretary of State shall submit a 
report to Congress detailing any action taken by the Communist 
government of Cuba to provide financial support for terrorism or to 
facilitate the provision of such support.




                                                       Calendar No. 385

108th CONGRESS

  1st Session

                                 S. 950

_______________________________________________________________________

                                 A BILL

          To allow travel between the United States and Cuba.

_______________________________________________________________________

                           November 11, 2003

                       Reported with an amendment