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)).

END