[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2138 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2138
To provide the people of Cuba with access to food and medicines from
the United States, to ease restrictions on travel to Cuba, to provide
scholarships for certain Cuban nationals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2001
Mr. Serrano (for himself, Mr. Leach, Mr. Abercrombie, Mr. Allen, Mr.
Baird, Ms. Baldwin, Mr. Barcia, Mr. Bishop, Mr. Blumenauer, Mr. Bonior,
Mr. Boucher, Ms. Brown of Florida, Mr. Brown of Ohio, Mr. Capuano, Ms.
Carson of Indiana, Mr. Clay, Mrs. Clayton, Mr. Clement, Mr. Clyburn,
Mr. Conyers, Mr. Costello, Mr. Cummings, Mr. Davis of Illinois, Ms.
DeGette, Mr. Delahunt, Ms. DeLauro, Ms. Eshoo, Mr. Evans, Mr. Farr of
California, Mr. Filner, Mr. Frank, Mr. Ganske, Mr. Gonzalez, Mr. Hall
of Ohio, Mr. Hilliard, Mr. Hinchey, Mr. Hoeffel, Mr. Jackson of
Illinois, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice
Johnson of Texas, Mr. Kleczka, Mr. Kucinich, Mr. LaFalce, Mr. LaHood,
Mr. Lampson, Mr. Largent, Ms. Lee, Mrs. Lowey, Ms. McCarthy of
Missouri, Ms. McCollum, Mr. McDermott, Mr. McGovern, Ms. McKinney, Mr.
McNulty, Mr. George Miller of California, Mr. Moran of Virginia, Mr.
Nadler, Mrs. Napolitano, Mr. Oberstar, Mr. Olver, Mr. Rangel, Ms.
Rivers, Mr. Rodriguez, Ms. Roybal-Allard, Mr. Sabo, Mr. Sanders, Mr.
Sawyer, Ms. Schakowsky, Mr. Shays, Mr. Stark, Mr. Thompson of
California, Mr. Thune, Mr. Tierney, Mr. Towns, Mr. Turner, Ms.
Velazquez, Mr. Walsh, Ms. Waters, Mr. Watt of North Carolina, Mr.
Waxman, Ms. Woolsey, and Mr. Wynn) introduced the following bill; which
was referred to the Committee on International Relations, and in
addition to the Committees on Agriculture, Financial Services, Ways and
Means, and the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide the people of Cuba with access to food and medicines from
the United States, to ease restrictions on travel to Cuba, to provide
scholarships for certain Cuban nationals, 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 ``Bridges to the Cuban People Act of
2001''.
TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA
SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.
(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, 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.
(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 One Hundred Sixth 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. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.
Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.
SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.
(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.
SEC. 104. REPORT TO CONGRESS.
Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.
SEC. 105. DEFINITIONS.
In this title:
(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).
TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA
SEC. 201. TRAVEL TO CUBA.
(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) 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)).
(2) 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)).
TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS
SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.
(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.
(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.
SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) 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).
SEC. 403. IMPORTATION OF CERTAIN MEDICINES.
(a) Definitions.--In this section:
(1) Covered medical article.--The term ``covered medical
article'' means a medicine or medical device that--
(A) is of Cuban origin;
(B) is or has been located in or transported from
or through Cuba; or
(C) is made or derived in whole or in part of any
article which is the growth, produce, or manufacture of
Cuba.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) In General.--Notwithstanding any other provision of law
(including section 515.204 of title 31, Code of Federal Regulations, or
any other related or successor regulation), a covered medical article
may be imported into the United States to the extent otherwise
authorized by law, including any authorization under the Federal Food,
Drug, and Cosmetic Act, if the Secretary makes a determination, in
accordance with subsection (c), that there is a medical need in the
United States for the covered medical article that is not being met by
any medicine or medical device in commercial distribution in the United
States.
(c) Determinations of Medical Need.--With respect to a
determination of medical need under subsection (b) regarding a covered
medical article:
(1) The Secretary may upon request make the determination
prior to the submission of an application or other document (as
applicable) regarding commercial distribution of such article
pursuant to the Federal Food, Drug, and Cosmetic Act.
(2) The determination of the Secretary shall not be
affected by the subsequent commercial distribution in the
United States of another medicine or medical device (as the
case may be) that meets the same medical need as such article.
(3) The Secretary shall by regulation establish criteria
regarding the determination, including criteria for a request
under paragraph (1).
SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.
Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries).
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