Humanitarian Relief to Cuba Act - Prohibits for 180 days from the enactment of this Act: (1) the President from prohibiting or regulating travel to or from Cuba, or certain transactions incident to such travel, by a U.S. citizen or any person subject to U.S. jurisdiction with family residing in Cuba; (2) the President from limiting the size, quantity or frequency, or the carrying or shipping of, personal gift items and relief supplies by any person subject to U.S. jurisdiction that are eligible to be so shipped or delivered; and (3) the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6962 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6962
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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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