Claver-Carone's "Cuba Omnibus Clarification" Could Use a Fact Check

Yesterday the Miami Herald picked up a claim made by Mauricio Claver-Carone on his blog Capitol Hill Cubans that the family travel restrictions proposed by Rep. Mario Diaz-Balart (and now included in the omnibus spending bill filed by House Republicans early this morning) wouldn't be so bad as the "hyperbolic" media insists on reporting:

The media seems unable to escape hyperbole regarding the Cuba provision being discussed in the Omnibus Appropriations bill. So without speculating on the end-result, here are some important facts:

 

. . . Legally, the provision would restore the Bush Administration's limit of one-trip every three years. However, since the Omnibus is a spending bill with a one-year duration, the practical effect of the provision would be to limit Cuban-American travel to only one-trip in 2012 -- both reasonable and humanitarian (and akin to the Clinton Administration's prior limits). 

This would be an significant clarification to make if it were in fact true (though, significant to a point: I know I like to see my family more than once year and so I imagine it shouldn't change any minds truly committed to family rights).  But anyone who follows Congress as closely as does Mr. Claver-Carone ought to know that non-time limited policy riders often get attached to one-year spending bills, much to the chagrin of the appropriators and to opponents of such riders. These policy riders only expire when they look like this:

 

"Sec. 632. During fiscal year 2012, for purposes of section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term "payment of cash in advance" shall be interpreted as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser." [Emphasis added]

 

The provision above was first included in a spending bill in FY 2009.  It continues to be included each subsequent year because of the clause "During fiscal year."  Nowhere in the Diaz-Balart amendment does it say the provison expires with the end of the fiscal year.  But please, don't take my word for it: Read it for yourself here (page 358, section 634).