Amendment to S3001, Defense Appropriations Bill
[Page: S8790] GPO's PDF
SEC. 1253. 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 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).
PART II--ALLOWANCE OF CASH SALE OF RELIEF SUPPLIES, FOOD, AND MEDICINES
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.
(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.
(b) Exceptions.--Subsection (a) does not apply to--
(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
(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.
(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.
SEC. 1262. DEFINITIONS.
In this part:
(1) AGRICULTURAL COMMODITY.--The term ``agricultural commodity''--
(A) has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); and
(B) includes fertilizer.
(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).
(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).
(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.Cosponsors
Sen Lugar, Richard G. [IN] - 9/15/2008
Sen Durbin, Richard [IL] - 9/15/2008
Sen Baucus, Max [MT] - 9/15/2008
Sen Kerry, John F. [MA] - 9/16/2008
Sen Feingold, Russell D. [WI] - 9/16/2008
Sen Leahy, Patrick J. [VT] - 9/16/2008
Sen Enzi, Michael B. [WY] - 9/16/2008
Sen Dorgan, Byron L. [ND] - 9/16/2008
Sen Harkin, Tom [IA] - 9/16/2008
Sen Lincoln, Blanche L. [AR] - 9/16/2008