I
106TH CONGRESS
1ST SESSION
H. R. 259
To allow travel and cultural exchanges between the United States and Cuba.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. SERRANO introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To allow travel and cultural exchanges between the United
States and Cuba.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TRAVEL TO CUBA.
(a) FREEDOM OF TRAVEL FOR UNITED STATES CITI-
ZENS AND LEGAL RESIDENTS.—Subject to section 3, the
President shall not regulate or prohibit, directly or indi-
rectly, 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 trav-
el 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 trav-
el or maintenance within Cuba, including the pay-
ment 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, travelers
checks, credit or debit card instruments, or similar
instruments;
except that this section does not authorize the importation
into the United States of any goods for personal consump-
tion acquired in Cuba.
SEC. 2. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVI-
TIES AND EXCHANGES.
(a) RESTRICTION ON AUTHORITY.—Subject to sec-
tion 3, the President shall not regulate or prohibit, directly
or indirectly, financial or other transactions, or travel, in-
cident to those activities described in paragraphs (1)
through (5) of subsection (b), to the extent that any such
activities—
(1) involve United States citizens or legal resi-
dents and nationals of Cuba;
(2) are not otherwise controlled for export
under section 5 of the Export Administration Act of
1979; and
(3) with respect to such activities, no acts are
prohibited by chapter 37 of title 18, United States
Code.
(b) ACTIVITIES.—The activities referred to in sub-
section (a) are—
(1) activities of scholars;
(2) other educational, scientific, or academic ac-
tivities;
(3) exchanges in furtherance of any such activi-
ties;
(4) cultural activities and exchanges; or
(5) public exhibitions or performances by the
nationals of one country in another country.
SEC. 3. EXCEPTION.
The restrictions on authority contained in sections 1
and 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.
SEC. 4. APPLICABILITY.
This Act applies to actions taken by the President
before the date of the enactment of this Act which 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.
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