If your senators have not co-sponsored this legislation, see our action alert for information on how to contact them and urge them to support this bill.
*For the Library of Congress co-sponsor list, please visit www.thomas.gov , and search by bill number.
If your member of congress has not co-sponsored this legislation, see our action alertfor information about how to contact him/her and urge him/her to support this bill.
*For the Library of Congress co-sponsor list, please visit www.thomas.gov , and search by bill number.
To facilitate the provision of humanitarian relief to Cuba.
IN THE HOUSE OF REPRESENTATIVES
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
A BILL
To facilitate the provision of humanitarian relief to Cuba.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title- This Act may be cited as the `Humanitarian Relief to Cuba Act'.
(b) Findings- Congress makes the following findings:
(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.
(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.
(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.
(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.
(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.
(a) In General-
(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--
(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
(B) any of the transactions incident to such travel that are described in paragraph (2).
(2) TRANSACTIONS INCIDENT TO TRAVEL- The transactions referred to in paragraph (1) are--
(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;
(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
(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.
(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)).
(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.
(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.
(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.
(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.
(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.
(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.
(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).
Statements made by policy makers on Fidel Castro's resignation.
See a letter sent by members of Congress to Secretary Rice calling for a review of U.S. policy toward Cuba on occasion of the resignation of Fidel Castro here (PDF).
Senator Dodd's (D-CT) amendment calling for a temporary lifting of restrictions in response to damages caused by Hurricanes Ike and Gustav in August 2008.
On June 14, the House of Representatives approved an amendment to ease
restrictions on agricultural sales to Cuba. Two other amendments, one
which would have eased restrictions on educational travel and one which
would have ended the embargo, failed to pass. A fourth amendment to protect
religious travel to Cuba was withdrawn following the debate.
The amendment regarding agricultural sales to Cuba was introduced by Rep.
Jerry Moran (R-KS). Passed by voice vote, the amendment would undo tightened
trade restrictions put in place by the Treasury Department last year.
The current restrictions require Cuba to pay for agricultural products
in cash, prior to the shipment to Havana. Opponents of the amendment argued
that the “cash in advance” rule was necessary to ensure that
U.S. farmers get paid, but in reality the restrictions have reduced sales
by 22 percent. Congressman Moran spoke in defense of his amendment saying,
“We clearly can reach the conclusion that unilateral sanctions by
the United States are only harmful to our own agriculture sector, to our
own farmers.”
Rep. Jeff Flake (R-AZ) introduced an amendment which would protect the
status of religious travel to Cuba which, though currently allowed, is
increasingly being threatened and narrowed by the administration. Speaking
in favor of the amendment, Rep. James McGovern (D-MA) argued, “Now
they are preparing even more restrictions that will discriminate among
the many religious organizations on the island and pick and choose who
it is okay to break bread with in faith and fellowship. They will take
it upon themselves the right to say what constitutes a church and who
is a legitimate person of faith. The United States of America does not
and must not take such actions against communities of faith.” The
amendment was withdrawn following the debate, but sponsors of the amendment
and religious organizations are currently in contact with the Department
of State to protest and encourage reversal of the new restrictions.
The amendment to restrict the use of funds to enforce the full economic
embargo was introduced by Rep. Charles Rangel (D-NY). Though the amendment
failed by a vote of 183-245, several members of Congress who have consistently
opposed similar amendments in the past, voted in favor.
Rep. Barbara Lee (D-CA) introduced the final amendment, which would restrict
funds to enforce the newest restrictions on educational travel. The 2004
restrictions limit educational exchanges to a minimum of 10 weeks and
a maximum of one year, and require that students travel to Cuba through
their home university. As a result, nearly 90 percent of university study
abroad programs to Cuba have been cancelled. Speaking for the amendment,
Rep. Maxine Waters (D-CA) recalled, “Throughout the Cold War, American
students studied in the Soviet Union. Many of them went on to become diplomats,
scholars and policymakers who used the knowledge they gained to contribute
to the development and implementation of U.S. foreign policy […]
There is no reason to treat study in Cuba differently.” Opponents
of the bill, led by Rep. Mario Diaz-Balart (R-FL), repeated a broad opposition
to the Castro regime, but barely addressed the issue of educational exchange.
Concluding the debate, Congresswoman Lee said, “Our young people
are hopeful for the possibilities of a new world free of all the politics
that we have heard today. So why don’t we give them a chance to
participate?” The Lee amendment failed by a vote of 187-236.
All four amendments were attached to the Treasury and Transportation Appropriations
Bill for 2007. Although similar versions of the amendments have been introduced
and passed in previous years, they have been consistently removed in conference
by the Republican leadership. The White House issued a statement on the
morning of the votes which reiterated their commitment to veto the bill
if it contained language to weaken the embargo.
Similar amendments introduced in previous years have passed and, until
2004, continued to gain votes; however, since 2005, anti-embargo amendments
have lost support. Many representatives changed their votes after receiving
campaign contributions from the US-Cuba Democracy PAC. The PAC, an anti-Casto,
pro-embargo organization primarily funded by Cuban Americans in Florida,
has given money to members of Congress and candidates across the country.
(Click
here for more information on 2004 contributions and the impact upon
votes by members of Congress.) As of late March 2006, the US-Cuba Democracy
PAC has already contributed $347,424 to federal candidates for the 2006
elections; many of the representatives have switched to a position that
does not favor engagement with Cuba, a position that their constituents
may not support. U.S. citizens have the right to expect that their members
of Congress will cast votes that are in accord with their constituents’
views, rather than are influenced by big-money, out-of-state lobbyists.
Action Center
