[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 894 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 894

          To allow travel between the United States and Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2005

Mr. Enzi (for himself, Mr. Dorgan, Mr. Baucus, Mr. Craig, Mr. Bingaman, 
 Mr. Chafee, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Hagel, Mr. 
Harkin, Mr. Inouye, Mr. Jeffords, Mr. Johnson, Mr. Leahy, Mrs. Murray, 
and Mr. Talent) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 
2005''.

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)).
                                 <all>