I
107TH CONGRESS
2D SESSION
H. R. 5022
To allow travel between the United States and Cuba.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2002
Mr. FLAKE (for himself, Mr. DELAHUNT, Mrs. EMERSON, Mr. MCGOVERN,
Mr. SHAYS, Ms. BALDWIN, Mr. TOWNS, Mr. OTTER, Mr. PAUL, Mr.
STENHOLM, Mr. BERMAN, Mr. LYNCH, Mr. ROEMER, Mr. LAMPSON, Mr.
ABERCROMBIE, Mr. DOOLEY of California, Ms. SOLIS, Mr. MORAN of
Kansas, Mr. TANNER, Mr. JOHNSON of Illinois, Mr. THOMPSON of Cali-
fornia, Mr. FARR
of California, Mr. KIND, Mr. BERRY, Mr.
NETHERCUTT, Mr. ROSS, Mr. CLAY, Mr. SNYDER, Mr. RANGEL, Mr.
KLECZKA, and Mr. BOOZMAN) introduced the following bill; which was re-
ferred to the Committee on International Relations
A BILL
To allow travel 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. SHORT TITLE.
This Act may be cited as the ‘‘Freedom to Travel
to Cuba Act of 2002’’.
SEC. 2. 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. 3. EXCEPTION.
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 coun-
tries are in progress, or there is imminent danger to the
public health or the physical safety of United States trav-
elers.
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 (22 U.S.C. 6032(h)) and sec-
tion 910(b) of the Trade Sanctions Reform and Export
Enhancement Act of 2000.
Æ