Export Freedom to Cuba Act of 2005

Export Freedom to Cuba Act of 2005 - Prohibits the President from regulating or prohibiting, directly or indirectly, travel to or from Cuba by U.S. citizens or legal residents, or any of specified transactions incident to such travel.

Declares that: (1) this prohibition does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba; and (2) the restrictions on authority contained in this Act 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 U.S. travelers.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1814 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1814

          To allow travel between the United States and Cuba.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

 Mr. Flake (for himself, Mr. McGovern, Mrs. Emerson, Mr. Delahunt, Mr. 
   Otter, Mr. Abercrombie, Mrs. Bono, Ms. Baldwin, Mr. Boozman, Mr. 
  Berman, Mr. Graves, Mr. Berry, Mr. Herger, Mr. Clay, Mr. Johnson of 
Illinois, Mr. DeFazio, Mr. LaHood, Mr. Leach, Mr. Doyle, Mr. Manzullo, 
  Mr. Farr, Mr. Moran of Kansas, Mr. Lynch, Mr. Osborne, Mr. Moore of 
 Kansas, Mr. Paul, Mr. Peterson of Minnesota, Mr. Ramstad, Mr. Rangel, 
    Mr. Ryan of Wisconsin, Mr. Ross, Mr. Shays, Ms. Schakowsky, Mr. 
Shimkus, Mr. Snyder, Mr. Tiberi, Ms. Solis, Mr. Tanner, Mr. Thompson of 
California, Mr. Towns, Mr. Udall of New Mexico, Mr. Van Hollen, and Mr. 
    Bass) introduced the following bill; which was referred 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Export Freedom to Cuba Act of 
2005''.

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, 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 consumption 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 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 (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. 7209(b)).
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