| HR 2138 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;
(C) was used in the production
of any bio-technological product.
SEC. 105. 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
(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.
(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.
(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--
(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).
END
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