[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 757 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 757
To allow United States nationals and permanent residents to visit
family members in Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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 Affairs
_______________________________________________________________________
A BILL
To allow United States nationals and permanent residents to visit
family members in Cuba, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban-American Family Rights
Restoration Act''.
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--
(1) travel to or from Cuba by any United States person, or
(2) any of the transactions incident to travel described in
paragraph (1) that are set forth in subsection (b),
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.
(b) Transactions Incident to Travel.--
(1) In general.--Except as provided in paragraph (2), the
transactions referred to in subsection (a) are--
(A) any transactions ordinarily incident to travel
to or from Cuba, including the importation into Cuba or
the United States of accompanied baggage;
(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;
(C) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to,
from, or within Cuba;
(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; and
(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.
(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.
(c) Exceptions.--The restrictions on authority contained in this
section do not apply in a case in which--
(1) the United States Congress has declared that a state of
war exists between the United States and Cuba; or
(2) armed hostilities between the two countries are in
progress.
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.
SEC. 4. DEFINITIONS.
In this Act:
(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.
(2) National of cuba.--The term ``national of Cuba''
means--
(A) a citizen of Cuba; or
(B) a person who, though not a citizen of Cuba,
owes permanent allegiance to Cuba.
(3) United states person.--
(A) In general.--The term ``United States person''
means--
(i) a national of the United States; or
(ii) an alien lawfully admitted for
permanent residence in the United States.
(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)).
(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)).
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.
(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)).
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