Freedom to Travel to Cuba Act of 2003

Freedom to Travel to Cuba Act of 2003 - Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions ordinarily incident to such travel relating to: (1) accompanied personal baggage; (2) payment of living expenses and the acquisition of personal-use goods or services; (3) travel arrangements; (4) nonscheduled air, sea, or land voyage transactions, (such provision does not permit the carriage of articles other than accompanied baggage into Cuba or the United States); and (5) normal banking transactions.

States that such provision does not: (1) restrict presidential authority in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. travelers; and (2) authorize U.S. importation of personal consumption goods acquired in Cuba.

Sets forth findings respecting human rights violations in Cuba, including harassment of peaceful dissidents such as Oscar Elias Biscet, and noting the human rights work of Oswaldo Paya.

Expresses the sense of the Senate that the Government of Cuba will never be welcomed into the community of democratic nations unless that government: (1) undertakes significant political and economic reforms called for by reporters of the Varela project; (2) allows the International Committee of the Red Cross unrestricted access to all Cuban prisons and places of detention; (3) honors the United Nations High Commissioner for Human Rights request to allow his special representative to visit Cuba to assess the human rights situation; and (4) frees all political prisoners.

Expresses the sense of the Senate that: (1) the Organization of American States Inter-American Commission on Human Rights should continue reporting on the human rights situation in Cuba and should request a visit in order to review and report on such situation; (2) the United Nations High Commissioner for Human Rights and his personal representative should pursue implementation of the 2002 Resolution regarding human rights in Cuba; (3) the European Union, to build upon the European Parliament's recognition of Cuban dissidents, should request to visit Cuba in order to review and report on the human rights situation; (4) representatives from the International Committee of the Red Cross should seek immediate access to all Cuban prisons and report on incarceration conditions; and (5) human rights organizations 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.

Expresses 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.

Directs the Secretary of State to report every 180 days on any actions taken by Cuba to provide or facilitate financial support for terrorism.

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







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, and Mrs. Murray) 
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 
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)).
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