[Congressional Record Volume 143, Number 154 (Thursday, November 6, 1997)]
[Senate]
[Pages S11876-S11877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Warner, Mr. Bennett, Mr. Grams, Mr. 
        Jeffords, Mr. Bingaman, and Mr. Leahy):
  S. 1391. A bill to authorize the President to permit the sale and 
export of food, medicines, and medical equipment to Cuba; to the 
Committee on Banking, Housing, and Urban Affairs.


          the cuban women and children humanitarian relief act

  Mr. DODD. Mr. President, today I join with my colleagues, Senators 
Warner, Bennett, Jeffords, Grams, Bingaman, and Leahy in introducing 
the Cuban Women and Children Humanitarian Relief Act--a bill to 
authorize the President to permit the sale of food, medicine, and 
medical equipment to the Cuban people.

  Provisions of this bill include a summary of the impact that the 
United States embargo on food and medicine has had on the public health 
in Cuba; a statement of United States policy with respect to the sale 
of food and medicine; authority for the President to permit the sale of 
food, medicine, and medical supplies to Cuba; congressional 
notification requirements; and a report to Congress assessing the 
impact of the bill 2 years after enactment.
  Mr. President, the intent of the legislation is very straight 
forward, namely to clear away all of the legal implements that impede 
the President's ability to permit American exports of food, medicines, 
and medical supplies to Cuba. As a matter of policy, I do not believe 
that United States sanctions should include prohibitions on the sale of 
what are essentially humanitarian items--products that are critical to 
the health and well being of the more than 10 million people who 
inhabit the Island of Cuba.
  Most Americans are probably unaware that United States policy 
generally prohibits American food and drug companies from selling food, 
medicines, and medical supplies to Cuba. Even those who are aware of 
this aspect of United States policy, probably assume that this isn't a 
serious problem, since Cuban authorities can simply buy these products 
elsewhere. That is not the case.
  Earlier this year, the American Association for World Health [AAWH] 
issued a report--Denial of Food and Medicine: The Impact of the U.S. 
Embargo on Health & Nutrition in Cuba--setting forth its observations 
from a year long study of the implications of the United States embargo 
on health care delivery and food security in Cuba. The AAWH 
``determined that the United States embargo of Cuba has dramatically 
harmed the health and nutrition of large numbers of ordinary Cuban 
citizens.'' The team of nine medical experts who undertook this effort 
on behalf of AAWH identified four major health problems affected by the 
embargo: malnutrition, water quality, medicines and equipment, and 
medical information.
  First, with respect to malnutrition--the prohibition on the sale of 
United States food to Cuba has had serious consequences on the 
nutritional standards in Cuba, particularly for pregnant women. These 
nutritional deficiencies have, among other things, led to an increased 
incidence of low birth-weight babies.
  With respect to water quality, the lack of parts and appropriate 
chemicals has compromised the Cuban water supply system and resulted in 
increased illness and deaths from water-borne diseases.
  We all know that United States medical and pharmaceutical companies 
are at the forefront of the development and production of a vast 
majority of all new drugs and medical equipment that enter world 
markets. The by-product of that situation is that current United States 
restrictions virtually preclude the Cuban medical system from utilizing 
the most effective and advanced medicines and medical treatments in 
caring for the Cuban people. Finally, the embargo indirectly inhibits 
the exchange of critical medical information between the United States 
and Cuba.
  In no way should this legislation be seen as an endorsement of the 
current regime in Cuba. The existing policies of that government are 
clearly responsible for the serious economic crisis confronting that 
country. United States policy should be focused on promoting a peaceful 
transition to democracy in Cuba--the tide of history flows in that 
direction.
  Many human rights activists within Cuba have been strongly critical 
of United States food and medicine restrictions. Elizardo Sanchez 
Santacruz, director of the Cuban Commission for Human Rights and 
National Reconciliation, and a prominent critic of the Cuban 
Government, has made clear his views on the current policy. ``America

[[Page S11877]]

should lift its embargo on the sales of food and medicine to Cuba, a 
prohibition that violates international law and hurts the people, not 
the regime. Denying medicine to innocent citizens is an odd way of 
demonstrating support for human rights.''
  I share that view. I believe the Clinton administration should take 
steps to mitigate the harmful impact of United States policy on the 
health of the Cuban people--particularly so with respect to the health 
of children, the elderly, and the infirm--by permitting United States 
exporters to sell food and medicine to that country. That is what this 
bill once enacted will enable the President to do.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1391

       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 shall be known as the ``Cuban Women and Children 
     Humanitarian Relief Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the outright ban on the sale of American foodstuffs to 
     Cuba has contributed to serious nutritional deficits, 
     particularly among pregnant women, leading to low birth-
     weight babies;
       (2) the embargo on trade with Cuba is severely restricting 
     Cuba's access to water treatment chemicals and spare parts 
     for its water supply, causing reductions in the supply of 
     safe drinking water and the increased incidence of water-
     borne diseases;
       (3) the most specialized medical supplies are in short 
     supply or entirely absent from some Cuban clinics as a result 
     of the United States embargo;
       (4) although informational materials have been exempt from 
     the United States trade embargo since 1988, in practice very 
     little medical information is exchanged between the United 
     States and Cuba due to travel restrictions, currency 
     regulations, and shipping difficulties; and
       (5) current embargoes against Iran, Libya, and Iraq do not 
     ban the sale of food to those countries or restrict medical 
     commerce.

     SEC. 3. STATEMENT OF POLICY.

       It should be the policy of the United States to permit the 
     sale and export of food, medicines, and medical equipment to 
     the Cuban people.

     SEC. 4. AUTHORITY.

       Notwithstanding any other provision of law, the President 
     is authorized to permit the sale and export of food, 
     medicines, and medical equipment to Cuba by any person 
     subject to the jurisdiction of the United States.

     SEC. 5. NOTIFICATION OF CONGRESS AND THE PUBLIC.

       The President shall notify Congress of any decision to 
     exercise the authority of section 4 and shall, at the time 
     the decision is made, cause such decision to be published in 
     the Federal Register, together with such regulations as the 
     President determines may be necessary to ensure that food, 
     medicines, and medical equipment sold to Cuba under this Act 
     will primarily be consumed or otherwise utilized by the 
     people of Cuba.

     SEC. 6. REPORT TO CONGRESS.

       Two years after the date that the President first exercises 
     the authority of section 4, the President shall submit a 
     report to the Speaker of the House of Representatives and the 
     President of the Senate containing an assessment of the 
     level, composition, and end users of any food, medicine, or 
     medical equipment sold to Cuba during the previous two years 
     by any person subject to the jurisdiction of the United 
     States.

  Mr. JEFFORDS. Mr. President, I rise today in support of the Cuban 
Women and Children Humanitarian Relief Act. The objective of this 
legislation, quite simply, is to remove some of the more objectionable 
aspects of the standing United States trade embargo on Cuba, especially 
those that imperil the health of women, children, and other vulnerable 
groups. The bill would remove existing restrictions on the sale to Cuba 
of American food, medicines, and health supplies. Under current law, it 
is all but impossible for American companies to sell these items to 
Cuba.
  Mr. President, I have long held reservations about the effectiveness 
of our trade embargo on Cuba. After all, we have maintained a trade 
blockade on Cuba for 37 years and have little to show for it in terms 
of moving the Cuban Government in the direction of freedom or peaceful 
coexistence.
  However, this bill is not about how best to pressure the Castro 
government. Nor is it intended in any way to signal a change in overall 
United States policy toward Cuba. What this bill is about is making 
sure that children and other vulnerable groups do not bear the brunt of 
the trade embargo. The impact of the embargo on these groups has become 
more severe since passage of the Cuban Democracy Act of 1992, which 
tightened the restrictions on food and medical shipments to Cuba.
  The respected American Association for World Health concluded that 
these new, tougher trade sanctions have caused ``a significant rise in 
suffering--and even deaths--in Cuba.'' In particular, the AAWH found 
that the embargo on food and medicines has led to malnutrition, reduced 
water quality, and the unavailability or short supply of routine 
medical supplies.
  I do not believe that the American people intended that the trade 
embargo against Cuba lead to such demonstrable human suffering. Whether 
one supports the overall embargo or not, surely we can agree that the 
pain that this policy inflicts should not be borne by children.
  All of which is not to absolve Fidel Castro of much of the blame for 
the deteriorating state of health in Cuba. The OAS's Inter-American 
Commission on Human Rights has noted that many of the medical products 
manufactured in Cuba are reserved for hospitals that cater to 
foreigners. This has apparently caused much resentment among ordinary 
Cubans who feel discriminated against in their country.
  But we, too, are the target of much resentment owing to our trade 
restrictions on medicines and medical supplies. If a Cuban cannot gain 
access to an important drug--50 percent of the most important drugs in 
the world are available only from the United States or United States-
licensed firms--or no longer has safe drinking water because water 
treatment chemicals or water supply spare parts cannot be obtained, he 
can quite credibly blame the United States for his plight. In fact, 
Castro has made the most of this situation by pointing to the United 
States embargo as the source of almost all of Cuba's health problems.
  The State Department maintains that the United States trade 
restrictions have not blocked medical shipments to Cuba and that many 
firms have successfully met the conditions required to obtain a permit 
for such trade. However, the reality is that the requirements to obtain 
such a license are so stringent that few drug companies are willing 
even to consider sales to Cuba. Those that do often find themselves 
investigated for technical and inadvertent violations of the embargo 
and ultimately abandon efforts to sell to Cuba. Moreover, relief groups 
such as Catholic Relief Services and Church World Services have found 
the licensing requirements cumbersome, complex, and costly.
  Sales of foodstuffs are barred altogether. And there is no way around 
it--no licenses, special permits, or other recourse. I think it's worth 
noting that our current embargos against Iran, Iraq, and Libya do not 
bar the sale of food or medicines to those countries.
  Mr. President, the American people are not mean-spirited. We want our 
Government to be tough-minded in protecting our interests but do not 
want innocent people to suffer. Even in the case of those countries 
adamantly opposed to United States interests and values, such as Iran 
and North Korea, we have reached out with humanitarian assistance in 
response to natural disasters and famines. We should treat Cuba no 
differently. We should not allow our political objectives undermine the 
health and well-being of those most in need, especially children.
                                 ______