S 950 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]
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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.