S. 721

Freedom to Travel to Cuba Act of 2007

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II

110th CONGRESS

1st Session

S. 721

IN THE SENATE OF THE UNITED STATES

March 1, 2007

Mr. Enzi (for himself, Mr. Dorgan, Mr. Baucus, Mr. Craig, Mr. Leahy, Mr. Harkin, Mr. Hagel, Mr. Feingold, Mrs. Feinstein, and Mr. Bingaman) 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.

1.

Short title

This Act may be cited as the Freedom to Travel to Cuba Act of 2007.

2.

Travel to Cuba

(a)

Freedom of Travel for United States Citizens and Legal Residents

On and after the date of the enactment of this Act, and subject to section 3—

(1)

the President may 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); and

(2)

any regulation in effect on such date of enactment that regulates or prohibits travel to or from Cuba by United States citizens or legal residents or transactions incident to such travel shall cease to have any force or effect.

(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.

3.

Exceptions

(a)

Special Circumstances

Section 2 shall 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.

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.

5.

Inapplicability of other provisions

The provisions of this Act apply 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)).