I
105TH CONGRESS
1ST SESSION
H. R. 286
To protect the constitutional right to travel to foreign countries.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. SERRANO introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To protect the constitutional right to travel to foreign
countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom to Travel
Act of 1997’’.
SEC. 2. TRAVEL TO FOREIGN COUNTRIES.
(a) FREEDOM OF TRAVEL FOR UNITED STATES CITI-
ZENS AND LEGAL RESIDENTS.—The President shall not
restrict travel abroad by United States citizens or legal
residents, except to countries with which the United States
is at war, where armed hostilities are in progress, or where
there is imminent danger to the public health or the phys-
ical safety of United States travelers.
(b) INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT.—Section 203(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)) is amended—
(1) by striking ‘‘or’’ at the end of paragraphs
(2) and (3); and
(2) by amending paragraph (4) to read as fol-
lows:
‘‘(4) any of the following transactions incident
to travel by individuals who are citizens or residents
of the United States:
‘‘(A) any transactions ordinarily incident
to travel to or from any country, including the
importation into a country or the United States
of accompanied baggage for personal use only;
‘‘(B) any transactions ordinarily incident
to travel or maintenance within any country, in-
cluding the payment of living expenses and the
acquisition of goods or services for personal use;
‘‘(C) any transactions ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within a country;
‘‘(D) any transactions incident to non-
scheduled air, sea, or land voyages, except that
this subparagraph does not authorize the car-
riage of articles into a country except accom-
panied baggage; and
‘‘(E) normal banking transactions incident
to the activities described in the preceding pro-
visions of this paragraph, including the issu-
ance, clearing, processing, or payment of
checks, drafts, travelers checks, credit or debit
card instruments, or similar instruments;
except that this paragraph does not authorize the
importation into the United States of any goods for
personal consumption acquired in another country
other than those items described in paragraphs (1)
and (3); or’’.
(c) AMENDMENTS TO TRADING WITH THE ENEMY
ACT.—Section 5(b) of the Trading With the Enemy Act
(50 U.S.C. App. 5(b)) is amended by adding at the end
the following new paragraph:
‘‘(5) The authority granted by the President in this
section does not include the authority to regulate or pro-
hibit, directly or indirectly, any of the following trans-
actions incident to travel by individuals who are citizens
or residents of the United States:
‘‘(A) Any transactions ordinarily incident to
travel to or from any country, including importation
into a country or the United States of accompanied
baggage for personal use only.
‘‘(B) Any transactions ordinarily incident to
travel or maintenance within any country, including
the payment of living expenses and the acquisition of
goods or services for personal use.
‘‘(C) Any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to,
from, or within a country.
‘‘(D) Any transactions incident to nonscheduled
air, sea, or land voyages, except that this subpara-
graph does not authorize the carriage of articles into
a country except accompanied baggage.
‘‘(E) Normal banking transactions incident to
the activities described in the preceding provisions of
this paragraph, including the issuance, clearing,
processing, or payment of checks, drafts, travelers
checks, credit or debit card instruments, negotiable
instruments, or similar instruments.
This paragraph does not authorize the importation into
the United States of any goods for personal consumption
acquired in another country other than those items de-
scribed in paragraph (4).’’.
SEC. 3. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVI-
TIES AND EXCHANGES.
(a) INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT.—Section 203(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)) is amended by
adding after paragraph (4) the following new paragraph:
‘‘(5) financial or other transactions, or travel,
incident to—
‘‘(A) activities of scholars;
‘‘(B) other educational or academic activi-
ties;
‘‘(C) exchanges in furtherance of any such
activities;
‘‘(D) cultural activities and exchanges; or
‘‘(E) public exhibitions or performances by
the nationals of one country in another country,
to the extent that any such activities, exchanges, ex-
hibitions, or performances are not otherwise con-
trolled for export under section 5 of the Export Ad-
ministration Act of 1979 and to the extent that,
with respect to such activities, exchanges, exhibi-
tions, or performances, no acts are prohibited by
chapter 37 of title 18, United States Code.’’.
(b) TRADING WITH THE ENEMY ACT.—Section 5(b)
of the Trading With the Enemy Act (50 U.S.C. App. 5(b))
is amended by adding at the end the following new para-
graph:
‘‘(6) The authority granted to the President in this
subsection does not include the authority to regulate or
prohibit, directly or indirectly, financial or other trans-
actions, or travel, incident to—
‘‘(A) activities of scholars;
‘‘(B) other educational or academic activities;
‘‘(C) exchanges in furtherance of any such ac-
tivities;
‘‘(D) cultural activities and exchanges; or
‘‘(E) public exhibitions or performances by the
nationals of one country in another country,
to the extent that any such activities, exchanges, exhibi-
tions, or performances are not otherwise controlled for ex-
port under section 5 of the Export Administration Act of
1979 and to the extent that, with respect to such activi-
ties, exchanges, exhibitions, or performances, no acts are
prohibited by chapter 37 of title 18, United States Code.’’.
SEC. 4. APPLICABILITY.
(a) INTERNATIONAL ECONOMIC EMERGENCY POW-
ERS ACT.—The amendments made by sections 2(a) and
3(a) apply to actions taken by the President under section
203 of the International Emergency Economic Powers Act
before the date of the enactment of this Act which are
in effect on such date of enactment, and to actions taken
under such section on or after such date.
(b) TRADING WITH THE ENEMY ACT.—The authori-
ties conferred upon the President by section 5(b) of the
Trading With the Enemy Act, which were being exercised
with respect to a country on July 1, 1977, as a result
of a national emergency declared by the President before
such date, and are being exercised on the date of the en-
actment of this Act, do not include the authority to regu-
late or prohibit, directly or indirectly, any activity which
under section 5(b) (5) or (6) of the Trading With the
Enemy Act (as added by this Act) may not be regulated
or prohibited.
SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS.
This Act and the amendments made by this Act apply
notwithstanding section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996.
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