[Congressional Record Volume 147, Number 14 (Thursday, February 1, 2001)]
[Senate]
[Pages S1014-S1015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HAGEL (for himself, Mr. Dodd, Mr. Roberts, Mr. Dorgan, and 
        Mr. Lugar):
  S. 239. A bill to improve access to the Cuban market for American 
agricultural producers, and for other purposes; to the Committee on 
Foreign Relations.
  Mr. HAGEL. Mr. President, today I am introducing legislation to 
correct problems with a provision enacted last fall in the fiscal year 
2001 agriculture appropriations bill. I am pleased to be joined as 
original cosponsors by my distinguished colleagues, Senators Dodd, 
Lugar, Roberts, and Dorgan.
  The provision contained in the fiscal year 2001 agriculture 
appropriations bill was a revised version of legislation originally 
introduced last Congress by former Senator Ashcroft and me, together 
with Senators Dodd, Lugar, Roberts, and many others. The purpose of our 
bill was to lift all unilateral economic sanctions on the export of 
American food and medicine. Passage of this provision acknowledges what 
most Nebraska grain and livestock producers have always known--when the 
United States places unilateral sanctions on other nations, American 
producers are hurt, not the sanctioned nation.
  As the world leader in the development of pharmaceuticals and medical 
devices, America plays a critical role in helping prolong and improve 
the quality of people's lives. Ensuring that these products and 
therapies are available to people all over the world not only benefits 
American businesses and workers, but also reinforces America's image as 
a country of both innovation and compassion.
  The provision enacted in the fiscal year 2001 agriculture 
appropriations bill was changed, however, in the conference committee 
with the House of Representatives. The final legislation blocked--only 
for sales to Cuba--access to normal export financing in the U.S. 
private sector. Thus, while claiming to open up the Cuban market for 
the export of American agricultural and medical products, it placed 
restrictions making American exports uncompetitive. Finally, the 
provision codified new restrictions on the ability of Americans to 
travel to Cuba.
  The Cuba Food and Medicine Access Act of 2001 would correct those 
mistakes by repealing the new travel restrictions and permitting normal 
credit and financing support for food and medicine exports to Cuba.
  As we rewrite the farm bill we should begin by delivering on a 
promise we made last year to end unilateral sanctions on our own 
farmers, ranchers, and agricultural producers.
  But this issue goes beyond increased commercial opportunity. The 
export of American food and medicine is also a humanitarian 
undertaking. Blocking exports in these commodities harm the health and 
nutrition of the people of the sanctioned nation. It does nothing to 
harm governments and government leaders with which we disagree. Until 
last year, food sales to Cuba were prohibited except to independent 
importers, which did not exist. And while medical sales to Cuba were 
theoretically possible, licensing procedures were so difficult and 
complicated that they had the effect of severely restricting such 
exports. Last year's bill went part of the way to clear away these 
impediments. We should now finish the job.
  I ask that the text of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 239

       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 ``Cuba Food and Medicine 
     Access Act of 2001''.
                                TITLE I

     SEC. 10. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE 
                   WITH CUBA TO ALLOW FOR THE EXPORT OF FOOD AND 
                   MEDICINES TO CUBA.

       Notwithstanding 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) (except section 904 of such Act) or any other 
     provision of law (except section 11 of this Act), the 
     prohibition or restriction on trade or financial transactions 
     with Cuba shall not apply with respect to the export of any 
     agricultural commodities, medicines, or medical devices, or 
     with respect to travel incident to the sale or delivery of 
     agricultural commodities, medicines, or medical devices, to 
     Cuba.

     SEC. 11. LIMITATION ON EXCEPTION TO ALLOW FOR THE EXPORT OF 
                   FOOD AND MEDICINE TO CUBA.

       Section 10 of this Act shall not apply--
       (1) with respect to restrictions imposed under section 5 of 
     the Export Administration Act of 1979 for goods containing 
     parts or components on which export controls are in effect 
     under that section; and
       (2) with respect to section 203 of the International 
     Emergency Economic Powers Act, to the extent the authorities 
     under that section are exercised to deal with a threat to the 
     national security of the United States by virtue of the 
     technology incorporated in such goods.

     SEC. 12. LIFTING CERTAIN PROHIBITIONS ON VESSELS ENTERING 
                   U.S. PORTS.

       Sanctions pursuant to Section 1706(b) of Title XVII of PL 
     102-484 (Cuban Democracy Act of 1992) shall not apply with 
     respect to vessels which have transported food or medicine to 
     Cuba.

     SEC. 13. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND 
                   CREDIT PROGRAMS FOR CUBA.

       Title IV of the Agricultural Trade act of 1978 (7 U.S.C. 
     5661 et seq.) is amended by adding at the end the following:

     ``SEC. 418. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND 
                   CREDIT PROGRAMS FOR CUBA.

       ``(a) Study.--The Secretary shall carry out a study of 
     existing United States agricultural export promotion and 
     credit programs to determine how such programs can 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 the 
     enactment of this section, the Secretary shall prepare and 
     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 carried out under subsection 
     (a); and
       ``(2) proposed legislation, if any, to improve the ability 
     of the Secretary to utilize United States agricultural export 
     promotion and credit programs with respect to the consumption 
     of United States agricultural commodities in Cuba.''.

[[Page S1015]]

     SEC. 14. REPORT TO CONGRESS.

       Not later than 6 months after the date of the enactment of 
     this Act, the President shall transmit to the Congress a 
     report that sets forth--
       (1) the extent (expressed in volume and dollar amounts) of 
     sales to Cuba of agricultural commodities, medicines, and 
     medical devices, since the date of the enactment of this Act;
       (2) a description of the types and end users of the goods 
     so exported; and
       (3) whether there has been any indication that any 
     medicines, or medical devices exported to Cuba since the date 
     of the enactment of this Act--
       (A) have been used for purposes of torture or other human 
     rights abuses;
       (B) were reexported; or
       (C) were used in the production of any bio-technological 
     product.

     SEC 15. DEFINITIONS.

       (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 and organic fertilizer, except to 
     the extent provided pursuant and organic fertilizer, except 
     to the extent provided pursuant to Section 904 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).
       (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 the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 7321).
                                TITLE II

     SEC. 20. REPEAL OF CODIFICATION OF TRAVEL RESTRICTIONS BY 
                   AMERICAN CITIZENS TO CUBA.

       Section 910 of the Trade Sections 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) is hereby repealed.

  Mr. ROBERTS. Mr. President, I rise today once again to introduce 
legislation to enhance trade provisions from Title Nine of the fiscal 
year 2001 agriculture appropriations bill.
  The legislation that I join with my colleagues to introduce today, 
the Cuba Food & Medicine Access Act of 2001, exempts, among other 
things, the sale of agricultural commodities from the financing and 
licensing restrictions of Title Nine of last year's agriculture 
appropriations bill, also known as the Trade Sanctions Reform & Export 
Enhancement Act.
  Last week, Senator Dorgan and I introduced similar corrective 
legislation. Title Nine of the fiscal year 2001 agriculture 
appropriations bill made significant progress toward ending the 
misguided policy of using unilateral food sanctions to isolate or 
punish so-called ``countries of concern''. Title Nine holds that ``The 
President shall terminate any unilateral agricultural sanction or 
unilateral medical sanction that is in effect as of the date of 
enactment of this Act.'' That is indeed progress, Mr. President.
  As I noted last week with my friend from North Dakota, however, Title 
Nine prohibits basic facilitators to trade--financing and export 
promotion. The Trade Sanctions Reform & Export Enhancement Act 
effectively thwarts U.S. agricultural trade with Cuba.
  It is that reality that prompts me to introduce and support as many 
legislative vehicles as I can toward repealing the prohibitions in last 
year's bill and opening the Cuban market to American agricultural 
commodities.
  There has been much talk about the importance of American tourist 
travel to Cuba--this is true and I have stated it repeatedly. The Trade 
Sanctions Reform & Export Enhancement Act's tourist travel ban stifles 
the most powerful influence on Cuban society: American culture and 
perspective, both economic and political.
  Consistent with the Dorgan-Roberts bill introduced last week, the 
codification of tourist travel restrictions is repealed under the Cuba 
Food & Medicine Access Act of 2001 as are restrictions on the sale of 
medicine and medical products. Further, the trade of both food and 
medicine is enhanced by nullifying a provision of the Cuban Democracy 
Act of 1992, which prohibits ships entering ports in Cuba from visiting 
U.S. ports for at least 180 days without a special license.
  Today, however, I want to place more emphasis on the agricultural 
trade issue. The U.S. cannot afford to rule out any market for our 
agricultural commodities. Now more than ever, as new markets develop 
and our competitors seize those opportunities, it makes no sense to 
preclude the use of export promotion programs nor outlaw private U.S. 
financing. It is nonsense to isolate our farmers in this fashion.
  Section 908 of the fiscal year 2001 agriculture appropriations bill 
reads ``no United States Government assistance, including United States 
foreign assistance, United States export assistance, and any United 
States credit or guarantees shall be available for exports to Cuba.'' 
Section 908 goes on to state, incredibly, that ``no United States 
person may provide payment or financing terms for sales of agricultural 
commodities or products to Cuba or any person in Cuba.''
  It's quite clear, Mr. President, the intent of this provision is to 
keep the Cuban market cut off from America's farmers. This is 
unacceptable.
  If it's not to keep the Cuban market cut off, then what is the 
policy? What are our farmers supposed to do when faced with this kind 
of contradictory and politicized language: You are permitted to sell to 
Cuba but don't bother trying? We are either going to encourage and 
facilitate global agricultural trade or we are going to discourage and 
complicate global agricultural trade. You can't have it both ways.
  Why is this significant in regards to Cuba? Let us sample some recent 
statistics provided by the U.S.-Cuba Trade & Economic Council, based in 
New York City: Wheat exports from Canada to Cuba in 1999 and 2000--
730,000 tons; corn exports from China to Cuba in 2000--26,101 tons; and 
rice exports from China to Cuba in 2000--225,510 tons.
  No, Cuba is not the largest market, Mr. President, but the point is, 
our farmers should be able to compete for that business. It's our 
obligation to at least permit such an opportunity.
                                 ______