S. 1287

Freedom for Americans to Travel to Cuba Act of 2017

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II

115th CONGRESS

1st Session

S. 1287

IN THE SENATE OF THE UNITED STATES

May 25, 2017

Mr. Flake (for himself, Mr. Leahy, Mr. Moran, Mr. Durbin, Mr. Enzi, Mr. Udall, Mr. Boozman, Mr. Whitehouse, Ms. Collins, Ms. Klobuchar, Mr. Merkley, Mr. Reed, Ms. Stabenow, Mr. Murphy, Mr. Coons, Mr. Cardin, Mrs. Feinstein, Mrs. Shaheen, Ms. Heitkamp, Mr. Brown, Ms. Baldwin, Ms. Hirono, Mr. Schatz, Mr. Markey, Mrs. McCaskill, Mr. Paul, Mr. Wyden, Mr. Kaine, Mr. King, Mr. Franken, Ms. Warren, Mr. Bennet, Mr. Heinrich, Mr. Sanders, Mr. Tester, Mr. Warner, Ms. Cantwell, Mr. Blumenthal, Mrs. Murray, Mr. Schumer, Mrs. Gillibrand, Mr. Nelson, Mr. Donnelly, Mr. Cassidy, Mr. Peters, Mr. Carper, Mr. Manchin, Mr. Van Hollen, Ms. Harris, Mr. Casey, Mr. Crapo, Ms. Duckworth, Mr. Daines, Ms. Hassan, and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To allow United States citizens and legal residents to travel between the United States and Cuba.

1.

Short title

This Act may be cited as the Freedom for Americans to Travel to Cuba Act of 2017.

2.

Travel to Cuba

Subject to section 3, on or after the date of the enactment of this Act—

(1)

the President may not prohibit or otherwise restrict travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel, including banking transactions; and

(2)

any law, regulation, or policy in effect on such date of enactment that prohibits or otherwise restricts travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel, including banking transactions, shall cease to have any force or effect.

3.

Exceptions

(a)

Savings provision

Nothing in this Act may be construed to limit the authority of the President to restrict travel described in section 2, or any transaction incident to such travel, on a case-by-case basis, if the President determines that such restriction—

(1)

is necessary to protect the national security of the United States; or

(2)

is necessary to protect the health or safety of United States citizens or legal residents resulting from traveling to or from Cuba.

(b)

Written justification

Not later than 7 days before restricting travel described in section 2 or a transaction incident to such travel, pursuant to the authority referred to in subsection (a), the President shall submit a written justification for such restriction to—

(1)

the Committee on Foreign Relations of the Senate;

(2)

the Committee on Appropriations of the Senate;

(3)

the Committee on Foreign Affairs of the House of Representatives; and

(4)

the Committee on Appropriations of the House of Representatives.

4.

Inapplicability

The provisions of this Act shall 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. 7209(b)).