S.Amdt. 5581

1. Adds Subtitle E--Facilitation of Humanitarian Relief to Cuba SEC. 1241. SHORT TITLE; FINDINGS at the end of title XII

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (C) Civic assistance authorities under combatant commander initiative fund.--The authority to engage in urgent and unanticipated civic assistance under the Combatant Commander Initiative Fund under section 166a(b)(6) of title 10, United States Code, as a result of the amendments made by section 902 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2351).

   Inserted: Subtitle E--Facilitation of Humanitarian Relief to Cuba SEC. 1241. SHORT TITLE; FINDINGS.

   Inserted: (a) Short Title.--This subtitle may be cited as the "Humanitarian Relief to Cuba Act".

   Inserted: (b) Findings.--Congress makes the following findings:

   Inserted: (1) Hurricane Gustav, which struck Cuba on August 30, 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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: PART I--TRAVEL, REMITTANCES, AND RELIEF PACKAGES

   Inserted: SEC. 1251. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180 DAYS.

   Inserted: (a) In General.--

   Inserted: (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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   Inserted: (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

   Inserted: (B) any of the transactions incident to such travel that are described in paragraph (2).

   Inserted: (2) Transactions incident to travel.--The transactions referred to in paragraph (1) are--

   Inserted: (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;

   Inserted: (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

   Inserted: (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.

   Inserted: (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)).

   Inserted: (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 .

   Inserted: SEC. 1252. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS.

   Inserted: (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.

   Inserted: (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).

   Inserted: SEC. 1253. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Relief Supplies.--For the purposes of this section, the term "relief supplies" means any item intended to provide temporary or permanent shelter to hurricane victims in Cuba, or intended to facilitate repairs to personal dwellings in Cuba damaged during the 2008 hurricane season.

   Inserted: (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).

   Inserted: PART II--ALLOWANCE OF CASH SALE OF RELIEF SUPPLIES, FOOD, AND MEDICINES

   Inserted: SEC. 1261. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON CASH SALES AND EXPORT OF FOOD, MEDICINES, AND RELIEF SUPPLIES TO CUBA FOR A PERIOD OF 180 DAYS.

   Inserted: (a) In General.--Except as provided in subsection (b), for the 180-day period beginning on the date of the enactment of this Act, any prohibition or restriction in law or regulation on trade or financial transactions with Cuba shall not apply with respect to the cash sale and export of any agricultural commodity, farm machinery or equipment, medicine, medical device, or relief supplies, or with respect to travel incident to the sale or delivery of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or relief supplies to Cuba.

   Inserted: (b) Exceptions.--Subsection (a) does not apply to--

   Inserted: (1) any prohibition or restriction imposed under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or successor statute for goods containing parts or components on which export controls are in effect under that section; or

   Inserted: (2) any prohibition or restriction imposed under section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) insofar as the prohibition or restriction is exercised to deal with a threat to the national security of the United States by virtue of the technology incorporated in such machinery or equipment, or supplies.

   Inserted: (c) Supersedes Existing Law.--Subsection (a) supersedes the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the 106th Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act) or any other provision of law.

   Inserted: SEC. 1262. DEFINITIONS.

   Inserted: In this part:

   Inserted: (1) Agricultural commodity.--The term "agricultural commodity"--

   Inserted: (A) has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); and

   Inserted: (B) includes fertilizer.

   Inserted: (2) Medical device.--The term "medical device" has the meaning given the term "device" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

   Inserted: (3) Medicine.--The term "medicine" has the meaning given the term "drug" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 7321).

   Inserted: (4) Relief supplies.--The term "relief supplies" means any item intended to provide temporary or permanent shelter to hurricane victims in Cuba, or intended to facilitate repairs to personal dwellings in Cuba damaged during the 2008 hurricane season.

   Original wording

   At the end of title XII, add the following:

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As printed