HR 757 IHCommentsClose CommentsPermalink

To allow United States nationals and permanent residents to visit family members in Cuba, and for other purposes.CommentsClose CommentsPermalink

January 31, 2007

Mr. DELAHUNT (for himself, Mr. LAHOOD, Mr. FLAKE, Mr. PAUL, Mrs. EMERSON, Ms. SOLIS, Mr. MCGOVERN, Mr. BERMAN, and Mr. MEEKS of New York) introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink

To allow United States nationals and permanent residents to visit family members in Cuba, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cuban-American Family Rights Restoration Act'.CommentsClose CommentsPermalink

SEC. 2. TRAVEL BY UNITED STATES NATIONALS AND PERMANENT RESIDENTS TO VISIT FAMILY MEMBERS IN CUBA.

(a) In General- Subject to subsection (c), the President shall not regulate or prohibit, directly or indirectly--CommentsClose CommentsPermalink





(1) travel to or from Cuba by any United States person, orCommentsClose CommentsPermalink





(2) any of the transactions incident to travel described in paragraph (1) that are set forth in subsection (b),CommentsClose CommentsPermalink





if such travel is for the purpose of visiting a close relative who is a national of Cuba. The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such travel or transactions.CommentsClose CommentsPermalink





(b) Transactions Incident to Travel-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the transactions referred to in subsection (a) are--CommentsClose CommentsPermalink





(A) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage;CommentsClose CommentsPermalink





(B) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use;CommentsClose CommentsPermalink





(C) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba;CommentsClose CommentsPermalink





(D) any transactions incident to nonscheduled air, sea, or land voyages, except that this subparagraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; andCommentsClose CommentsPermalink





(E) any normal banking transactions incident to the activities described in any of the preceding subparagraphs, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments.CommentsClose CommentsPermalink





(2) EXCLUSION OF CERTAIN GOODS- The transactions described in paragraph (1) do not include the importation into the United States of goods acquired in Cuba, including goods for personal consumption, except for Cuban-origin information and informational materials.CommentsClose CommentsPermalink





(c) Exceptions- The restrictions on authority contained in this section do not apply in a case in which--CommentsClose CommentsPermalink





(1) the United States Congress has declared that a state of war exists between the United States and Cuba; orCommentsClose CommentsPermalink





(2) armed hostilities between the two countries are in progress.CommentsClose CommentsPermalink

SEC. 3. REMITTANCES.

The President shall not regulate or prohibit, directly or indirectly, any United States person described in section 2(a) from carrying remittances for the purpose of providing such remittances to a close relative who is a national of Cuba. The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such remittances.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CLOSE RELATIVE- The term `close relative', as used with respect to any person, means an individual related to that person by blood, marriage, or adoption who is no more than four generations removed from that person or from a common ancestor with that person.CommentsClose CommentsPermalink





(2) NATIONAL OF CUBA- The term `national of Cuba' means--CommentsClose CommentsPermalink





(A) a citizen of Cuba; orCommentsClose CommentsPermalink





(B) a person who, though not a citizen of Cuba, owes permanent allegiance to Cuba.CommentsClose CommentsPermalink





(3) UNITED STATES PERSON-CommentsClose CommentsPermalink





(A) IN GENERAL- The term `United States person' means--CommentsClose CommentsPermalink





(i) a national of the United States; orCommentsClose CommentsPermalink





(ii) an alien lawfully admitted for permanent residence in the United States.CommentsClose CommentsPermalink





(B) LAWFULLY ADMITTED FOR PERMANENT RESIDENCE- The term `lawfully admitted for permanent residence' has the meaning given the term in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).CommentsClose CommentsPermalink





(C) NATIONAL OF THE UNITED STATES- The term `national of the United States' has the meaning given the term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE; INAPPLICABILITY OF OTHER PROVISIONS.

(a) Effective Date- This Act applies to actions taken by the President before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken on or after such date.CommentsClose CommentsPermalink





(b) Inapplicability of Other Provisions- This Act applies notwithstanding 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)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)).CommentsClose CommentsPermalink