September 18, 2008
Mr. DELAHUNT (for himself, Mr. FLAKE, Mr. BERMAN, Mrs. EMERSON, Mr. MCGOVERN, Mr. LAHOOD, Ms. DELAURO, Mr. MORAN of Kansas, Mr. PAYNE, Mr. PAUL, Mr. FARR, Ms. HARMAN, and Mr. MEEKS of New York) introduced the following bill; which was referred to the Committee on Foreign Affairs
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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; FINDINGS.
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(a) Short Title- This Act may be cited as the `Humanitarian Relief to Cuba Act'.
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(b) Findings- Congress makes the following findings:
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(1) Hurricane Gustav, which struck Cuba on September 1,
2008, was the worst hurricane to hit the island of Cuba in over 50
years. The Category Four storm displaced over 400,000 Cubans and
damaged or destroyed 130,000 homes and caused severe damage to
infrastructure.
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(2) Hurricane Ike, which made landfall on Cuba on
September 7, 2008, forced the evacuation of over 2,500,000 Cubans,
damaged an additional 100,000 structures, and damaged local
infrastructure.
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(3) The number of Cubans left homeless is expected to
reach 100,000, and the total economic losses of Hurricanes Gustav and
Ike are expected to reach upwards of $10,000,000,000, with serious
damage done to the island's agricultural industry.
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(4) In the wake of past natural disasters, the United
States eased restrictions to mobilize the generous spirit of many
thousands of Americans by allowing humanitarian aid originating from
the United States to be transported directly to Cuba to the benefit of
the Cuban people.
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(5) Allowing the people of the United States to assist
the Cuban people in reclaiming their lives and livelihoods following a
major natural disaster just 90 miles from the United States is an
important aspect of United States national security and defense policy.
SEC. 2. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180 DAYS.
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(a) In General-
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(1) FREEDOM OF TRAVEL FOR UNITED STATES CITIZENS AND
CERTAIN OTHER PERSONS TO VISIT FAMILY MEMBERS IN CUBA- For the 180-day
period beginning on the date of the enactment of this Act, the
President may not prohibit or regulate, directly or indirectly--
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(A) travel to or from Cuba by United States
citizens or any person subject to the jurisdiction of the United States
with family currently residing in Cuba; or
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(B) any of the transactions incident to such travel that are described in paragraph (2).
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(2) TRANSACTIONS INCIDENT TO TRAVEL- The transactions referred to in paragraph (1) are--
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(A) any transaction ordinarily incidental to travel
to or from Cuba, including the importation into Cuba or the United
States of accompanied baggage for personal or family use only;
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(B) any transaction ordinarily incident to travel
to or maintenance within Cuba, including the payment of living expenses
and the acquisition of goods or services for personal and family use
only; and
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(C) any transaction ordinarily incident to the
arrangement, promotion, or facilitation of scheduled and nonscheduled
travel to, from, or within Cuba, including lodging and meals in an
amount not to exceed the per diem amount authorized under chapter 57 of
title 5, United States Code.
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(b) Supersedes Other Provisions- This section supersedes
any other provision of law, including section 102(h) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6032(h)).
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(c) Effective Date- This section applies to actions taken
by the President before the date of the enactment of this Act that are
in effect on such date and to actions taken on or after such date
during the 180-day period beginning on such date of enactment.
SEC. 3. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS.
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(a) In General- Except as provided in subsection (b), for
the 180-day period beginning on the date of the enactment of this Act,
the Secretary of the Treasury may not limit the amount of remittances
to Cuba that may be made by any person who is subject to the
jurisdiction of the United States, and the Secretary shall rescind, for
such 180-day period, all regulations in effect on the date of enactment
of this Act that so limit the amount of those remittances.
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(b) Statutory Construction- Nothing in subsection (a) may
be construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 4. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS.
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(a) In General- Except as provided in subsection (d), for
the 180-day period beginning on the date of the enactment of this Act,
the President may not limit the size, quantity or frequency, or the
carrying, transporting or shipping of personal gift items and relief
supplies (not for sale or resale) that are eligible to be shipped
through existing or new mechanisms established expressly for the
delivery of such packages. Such items and supplies may be sent to Cuba
by any person who is subject to the jurisdiction of the United States
and the President shall rescind, for such 180-day period, all
regulations in effect on the date of the enactment of this Act that so
limit such items.
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(b) Personal Gift Items- For purposes of this section, the
term `personal gift items' includes goods intended to improve the daily
life of the Cuban people, including clothing, medication, foodstuffs,
personal hygiene items, and other daily necessities.
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(c) Relief Supplies- For the purposes of this section, the
term `relief supplies' means any item intended to provide temporary or
permanent comfort or shelter to hurricane victims in Cuba, or intended
to facilitate repairs to personal dwellings in Cuba damaged during the
2008 hurricane season.
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(d) Statutory Construction- Nothing in subsection (a) may
be construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
