II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Travel 

5 to Cuba Act of 2005’’. 

6 SEC. 2. TRAVEL TO CUBA. 

7 (a) FREEDOM OF TRAVEL FOR UNITED STATES CITI8 ZENS AND LEGAL RESIDENTS.—Subject to section 3, the 

9 President shall not regulate or prohibit, directly or indi10 rectly, travel to or from Cuba by United States citizens 
2 

•S 894 IS 

1 or legal residents, or any of the transactions incident to 

2 such travel that are set forth in subsection (b). 

3 (b) TRANSACTIONS INCIDENT TO TRAVEL.—The 

4 transactions referred to in subsection (a) are— 

5 (1) any transactions ordinarily incident to trav6 el to or from Cuba, including the importation into 

7 Cuba or the United States of accompanied baggage 

8 for personal use only; 

9 (2) any transactions ordinarily incident to trav10 el or maintenance within Cuba, including the pay11 ment of living expenses and the acquisition of goods 

12 or services for personal use; 

13 (3) any transactions ordinarily incident to the 

14 arrangement, promotion, or facilitation of travel to, 

15 from, or within Cuba; 

16 (4) any transactions incident to nonscheduled 

17 air, sea, or land voyages, except that this paragraph 

18 does not authorize the carriage of articles into Cuba 

19 or the United States except accompanied baggage; 

20 and 

21 (5) normal banking transactions incident to the 

22 activities described in the preceding provisions of 

23 this subsection, including the issuance, clearing, 

24 processing, or payment of checks, drafts, traveler’s 
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•S 894 IS 

1 checks, credit or debit card instruments, or similar 

2 instruments. 

3 SEC. 3. EXCEPTIONS. 

4 (a) SPECIAL CIRCUMSTANCES.—The restrictions on 

5 authority contained in section 2 do not apply in a case 

6 in which the United States is at war with Cuba, armed 

7 hostilities between the two countries are in progress, or 

8 there is imminent danger to the public health or the phys9 ical safety of United States travelers. 

10 (b) IMPORTATION OF GOODS FOR PERSONAL CON11 SUMPTION.—Section 2 does not authorize the importation 

12 into the United States of any goods for personal consump13 tion acquired in Cuba. 

14 SEC. 4. APPLICABILITY. 

15 This Act applies to actions taken by the President 

16 before the date of the enactment of this Act that are in 

17 effect on such date of enactment, and to actions taken 

18 on or after such date. 

19 SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS. 

20 This Act applies notwithstanding section 102(h) of 

21 the Cuban Liberty and Democratic Solidarity 

22 (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and sec23 tion 910(b) of the Trade Sanctions Reform and Export 

24 Enhancement Act of 2000 (22 U.S.C. 7210(b)). 

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