Freedom to Travel to Cuba Act (2009 bill)

by United States Congress

111TH CONGRESS
1ST SESSION

H. R. 874

IN THE HOUSE OF REPRESENTATIVES

February 4, 2009

Mr. DELAHUNT (for himself, Mr. FLAKE, Ms. DELAURO, Mrs. EMERSON, Mr. MCGOVERN, Mr. MORAN of Kansas, Ms. EDWARDS of Maryland, Mr. PAUL, and Mr. FARR) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To allow travel between the United States and Cuba.

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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 ``Freedom to Travel to Cuba Act´´.

SEC. 2. TRAVEL TO CUBA.

On and after the date of the enactment of this Act, and subject to section 3—

(1) the President may 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; and

(2) any regulation in effect on such date of enactment that regulates or prohibits travel to or from Cuba by United States citizens or legal residents or transactions incident to such travel shall cease to have any force or effect.

SEC. 3. EXCEPTIONS.

Section 2 shall 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 that are in effect on such date of enactment, and to actions taken on or after such date.

SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS.

The provisions of this Act apply 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. 7210(b)).