I 

108TH CONGRESS 

1ST SESSION H. R. 3422

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 

OCTOBER 30, 2003

Mr. SERRANO (for himself, Mr. LEACH, Mr. ALLEN, Ms. BALDWIN, Mr. 

BISHOP of Georgia, Mr. CARSON of Oklahoma, Mr. CONYERS, Mr. 

DELAHUNT, Mr. EVANS, Mr. FARR, Mr. GONZALEZ, Mr. GRIJALVA, Mr. 

HINCHEY, Mr. JACKSON of Illinois, Ms. EDDIE BERNICE JOHNSON of 

Texas, Mrs. JONES of Ohio, Ms. KILPATRICK, Mr. KLECZKA, Mr. 

LAHOOD, Mr. LAMPSON, Ms. LEE, Ms. MCCARTHY of Missouri, Ms. 

MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mr. 

MEEKS of New York, Mr. GEORGE MILLER of California, Mr. MORAN of 

Virginia, Mrs. NAPOLITANO, Mr. OBERSTAR, Mr. OLVER, Mr. OWENS, 

Mr. SABO, Mr. SANDERS, Mr. SHAYS, Mr. STARK, Mr. THOMPSON of 

California, Mr. TOWNS, Mr. TURNER of Texas, Ms. VELA ́ZQUEZ, Mr. 

WAXMAN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on International Relations, and in addition to 

the Committees on Agriculture, Financial Services, Government Reform, 

the Judiciary, and Ways and Means, 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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bridges to the Cuban 

5 People Act of 2003’’. 

6 TITLE I—FACILITATION OF THE 

7 EXPORT OF FOOD, MEDI8 CINES, AND OTHER HUMANI9 TARIAN GOODS TO CUBA 

10 SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRIC11 TIONS ON TRADE WITH CUBA TO PERMIT THE 

12 EXPORT OF FOOD, MEDICINES, AND OTHER 

13 HUMANITARIAN GOODS TO CUBA. 

14 (a) IN GENERAL.—Except as provided in subsection 

15 (b), any prohibition or restriction in law or regulation on 

16 trade or financial transactions with Cuba shall not apply 

17 with respect to the export to Cuba of any agricultural com18 modity, farm machinery or equipment, medicine, medical 

19 device, assistive technology device, personal care products, 

20 or products intended for the exclusive use by children, or 

21 with respect to travel incident to the sale or delivery of 

22 any such commodity, machinery or equipment, medicine, 

23 device, or product. 

24 (b) EXCEPTIONS.—Subsection (a) does not apply 

25 to—
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1 (1) any prohibition or restriction imposed under 

2 the Export Administration Act of 1979 (50 U.S.C. 

3 App. 2401 et seq.) or successor statute for goods 

4 containing parts or components on which export con5 trols are in effect under that section; or 

6 (2) any prohibition or restriction imposed under 

7 section 203 of the International Emergency Eco8 nomic Powers Act (50 U.S.C. 1702) insofar as the 

9 prohibition or restriction is exercised to deal with a 

10 threat to the national security of the United States 

11 by virtue of the technology incorporated in such ma12 chinery or equipment. 

13 (c) SUPERSEDES EXISTING LAW.—Subsection (a) su14 persedes the Trade Sanctions Reform and Export En15 hancement Act of 2000 (title IX of H.R. 5426 of the One 

16 Hundred Sixth Congress, as enacted into law by section 

17 1(a) of Public Law 106–387, and as contained in the ap18 pendix of that Act) or any other provision of law. 

19 SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VES20 SELS ENTERING UNITED STATES PORTS. 

21 Section 1706(b) of the Cuban Democracy Act of 

22 1992 (22 U.S.C. 6005(b); prohibiting certain vessels from 

23 entering United States ports) shall not apply with respect 

24 to vessels that transport to Cuba any item the export of 

25 which is permitted under section 101 or 404 of this Act. 
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1 SEC. 103. STUDY AND REPORT RELATING TO EXPORT PRO2 MOTION AND CREDIT PROGRAMS FOR CUBA. 

3 (a) STUDY.—The Secretary of Agriculture shall con4 duct a study of United States agricultural export pro5 motion and credit programs in effect as of the date of en6 actment of this Act to determine how such programs may 

7 be carried out to promote the consumption of United 

8 States agricultural commodities in Cuba. 

9 (b) REPORT.—Not later than 90 days after the date 

10 of enactment of this Act, the Secretary of Agriculture shall 

11 submit to the Committee on Agriculture of the House of 

12 Representatives and the Committee on Agriculture, Nutri13 tion, and Forestry of the Senate a report containing—

14 (1) the results of the study conducted under 

15 subsection (a); and 

16 (2) recommendations for proposed legislation, if 

17 any, to improve the ability of the Secretary of Agri18 culture to utilize United States agricultural export 

19 promotion and credit programs with respect to the 

20 consumption of United States agricultural commod21 ities in Cuba. 

22 SEC. 104. REPORT TO CONGRESS. 

23 Not later than 6 months after the date of enactment 

24 of this Act, the President shall submit to Congress a re25 port that sets forth—
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1 (1) the extent (expressed in volume and dollar 

2 amounts) of sales to Cuba of agricultural commod3 ities, farm machinery and equipment, medicines, and 

4 medical devices, since the date of enactment of this 

5 Act; 

6 (2) a description of the types of the goods so 

7 exported; and 

8 (3) whether there has been any indication that 

9 any medicine or medical device exported to Cuba 

10 since the date of enactment of this Act—

11 (A) was reexported; or 

12 (B) was used in the production of any bio13 technological product. 

14 SEC. 105. DEFINITIONS. 

15 In this title: 

16 (1) AGRICULTURAL COMMODITY.—The term 

17 ‘‘agricultural commodity’’—

18 (A) has the meaning given the term in sec19 tion 102 of the Agricultural Trade Act of 1978 

20 (7 U.S.C. 5602); and 

21 (B) includes fertilizer. 

22 (2) ASSISTIVE TECHNOLOGY DEVICE.—The 

23 term ‘‘assistive technology device’’ means any item 

24 or piece of equipment that is used to increase, main25 tain, or improve the functional capabilities of an in-
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1 dividual with a disability, including a wheelchair or 

2 prosthetic device. 

3 (3) MEDICAL DEVICE.—The term ‘‘medical de4 vice’’ has the meaning given the term ‘‘device’’ in 

5 section 201 of the Federal Food, Drug, and Cos6 metic Act (21 U.S.C. 321). 

7 (4) MEDICINE.—The term ‘‘medicine’’ has the 

8 meaning given the term ‘‘drug’’ in section 201 of the 

9 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

10 7321). 

11 TITLE II—EASING OF RESTRIC12 TIONS ON TRAVEL BY UNITED 

13 STATES NATIONALS TO CUBA 

14 SEC. 201. TRAVEL TO CUBA. 

15 (a) IN GENERAL.—

16 (1) FREEDOM OF TRAVEL FOR UNITED STATES

17 NATIONALS AND LAWFUL PERMANENT RESIDENT

18 ALIENS.—

19 (A) IN GENERAL.—Subject to subsection 

20 (b), the President shall not regulate or prohibit, 

21 directly or indirectly—

22 (i) travel to, from, or within Cuba by 

23 nationals of the United States or aliens 

24 lawfully admitted for permanent residence 

25 in the United States; or 
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1 (ii) any of the transactions incident to 

2 such travel that are set forth in paragraph 

3 (2). 

4 (B) SUPERSEDES EXISTING LAW.—Sub5 paragraph (A) supersedes any other provision 

6 of law. 

7 (2) TRANSACTIONS INCIDENT TO TRAVEL.—

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the transactions referred to 

10 in paragraph (1) are—

11 (i) any transaction ordinarily incident 

12 to travel to or from Cuba, including the 

13 importation into Cuba or the United States 

14 of accompanied baggage for personal use 

15 only; 

16 (ii) any transaction ordinarily incident 

17 to travel or maintenance within Cuba, in18 cluding the payment of living expenses and 

19 the acquisition of goods or services for per20 sonal use; 

21 (iii) any transaction ordinarily inci22 dent to the arrangement, promotion, or fa23 cilitation of travel to, from, or within 

24 Cuba; 
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1 (iv) any transaction incident to non2 scheduled air, sea, or land voyages, except 

3 that this clause does not authorize the car4 riage of articles into Cuba or the United 

5 States except accompanied baggage; and 

6 (v) any normal banking transaction 

7 incident to any activity described in any of 

8 the preceding clauses, including the 

9 issuance, clearing, processing, or payment 

10 of checks, drafts, travelers checks, credit 

11 or debit card instruments, or similar in12 struments. 

13 (B) EXCLUSION OF CERTAIN GOODS FOR

14 PERSONAL CONSUMPTION.—The transactions 

15 described in subparagraph (A) do not include 

16 the importation into the United States of goods 

17 for personal consumption acquired in Cuba in 

18 excess of the amount established by the Sec19 retary of the Treasury pursuant to section 321 

20 of the Tariff Act of 1930 (19 U.S.C. 1321) or 

21 otherwise authorized by law. 

22 (b) EXCEPTIONS.—The prohibition contained in sub23 section (a)(1) does not apply in a case in which—

24 (1) the United States is at war with Cuba; 
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1 (2) armed hostilities between the two countries 

2 are in progress or imminent; or 

3 (3) there is a credible threat to the public 

4 health or the physical safety of nationals of the 

5 United States who are traveling to, from, or within 

6 Cuba. 

7 (c) APPLICABILITY.—This section applies to actions 

8 taken by the President before the date of enactment of 

9 this Act that are in effect on such date, and to actions 

10 taken on or after such date. 

11 (d) REPEALS.—There are repealed the following pro12 visions of law: 

13 (1) Section 102(h) of Public Law 104–114 (22 

14 U.S.C. 6032(h)). 

15 (2) Section 910 of the Trade Sanctions Reform 

16 and Export Enhancement Act of 2000 (title IX of 

17 H.R. 5426 of the One Hundred Sixth Congress, as 

18 enacted into law by section 1(a) of Public Law 106–

19 387, and as contained in the appendix of that Act). 

20 (e) DEFINITIONS.—In this section: 

21 (1) LAWFULLY ADMITTED FOR PERMANENT

22 RESIDENCE.—The term ‘‘lawfully admitted for per23 manent residence’’ has the meaning given the term 

24 in section 101(a)(20) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(20)). 
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1 (2) NATIONAL OF THE UNITED STATES.—The 

2 term ‘‘national of the United States’’ has the mean3 ing given the term in section 101(a)(22) of the Im4 migration and Nationality Act (8 U.S.C. 

5 1101(a)(22)). 

6 TITLE III—SCHOLARSHIPS FOR 

7 CERTAIN CUBAN NATIONALS 

8 SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY. 

9 (a) AUTHORITY.—

10 (1) IN GENERAL.—The President is authorized 

11 to provide scholarships under section 102 of the Mu12 tual Educational and Cultural Exchange Act of 

13 1961 (22 U.S.C. 2452) for nationals of Cuba who 

14 seek to undertake graduate study in public health, 

15 public policy, economics, law, or other field of social 

16 science. 

17 (2) SUPERSEDING EXISTING LAW.—The author18 ity of paragraph (1) shall be exercised without re19 gard to any other provision of law. 

20 (b) ALLOCATION OF FUNDS.—Of the amounts au21 thorized to be appropriated to carry out the Mutual Edu22 cational and Cultural Exchange Act of 1961 (22 U.S.C. 

23 2451 et seq.) for fiscal years 2002 through 2006, the fol24 lowing amounts are authorized to be available to carry out 

25 subsection (a): 
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1 (1) For fiscal year 2004, $1,400,000 for not to 

2 exceed 20 scholarships. 

3 (2) For fiscal year 2005, $1,750,000 for not to 

4 exceed 25 scholarships. 

5 (3) For fiscal year 2006, $2,450,000 for not to 

6 exceed 35 scholarships. 

7 (4) For fiscal year 2007, $2,450,000 for not to 

8 exceed 35 scholarships. 

9 (5) For fiscal year 2008, $2,450,000 for not to 

10 exceed 35 scholarships. 

11 TITLE IV—MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUB14 LIC LAW 104–114. 

15 (a) WAIVER OF SANCTIONS AND RESTRICTIONS ON

16 ASSISTANCE.—Notwithstanding any other provision of 

17 law, the President may waive any provision of title I or 

18 title II of Public Law 104–114 (22 U.S.C. 6021 et seq.). 

19 (b) WAIVER OF GROUNDS OF INADMISSIBILITY OF

20 CERTAIN ALIENS.—Notwithstanding any other provision 

21 of law or regulation, the President may waive provisions 

22 of title IV of Public Law 104–114 (22 U.S.C. 6021 et 

23 seq.; relating to the inadmissibility of certain aliens) if the 

24 President determines that to do so will further the na25 tional economic interest of the United States. 
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1 SEC. 402. PROHIBITION ON LIMITING ANNUAL REMIT2 TANCES. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), the Secretary of the Treasury may not limit the 

5 amount of remittances to Cuba that may be made by any 

6 person who is subject to the jurisdiction of the United 

7 States, and the Secretary shall rescind all regulations in 

8 effect on the date of enactment of this Act that so limit 

9 the amount of those remittances. 

10 (b) STATUTORY CONSTRUCTION.—Nothing in sub11 section (a) may be construed to prohibit the prosecution 

12 or conviction of any person committing an offense de13 scribed in section 1956 of title 18, United States Code 

14 (relating to the laundering of monetary instruments) or 

15 section 1957 of such title (relating to engaging in mone16 tary transactions in property derived from specific unlaw17 ful activity). 

18 SEC. 403. IMPORTATION OF CERTAIN MEDICINES. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COVERED MEDICAL ARTICLE.—The term 

21 ‘‘covered medical article’’ means a medicine or med22 ical device that—

23 (A) is of Cuban origin; 

24 (B) is or has been located in or trans25 ported from or through Cuba; or 
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1 (C) is made or derived in whole or in part 

2 of any article which is the growth, produce, or 

3 manufacture of Cuba. 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Health and Human Services. 

6 (b) IN GENERAL.—Notwithstanding any other provi7 sion of law (including section 515.204 of title 31, Code 

8 of Federal Regulations, or any other related or successor 

9 regulation), a covered medical article may be imported into 

10 the United States to the extent otherwise authorized by 

11 law, including any authorization under the Federal Food, 

12 Drug, and Cosmetic Act, if the Secretary makes a deter13 mination, in accordance with subsection (c), that there is 

14 a medical need in the United States for the covered med15 ical article that is not being met by any medicine or med16 ical device in commercial distribution in the United States. 

17 (c) DETERMINATIONS OF MEDICAL NEED.—With re18 spect to a determination of medical need under subsection 

19 (b) regarding a covered medical article: 

20 (1) The Secretary may upon request make the 

21 determination prior to the submission of an applica22 tion or other document (as applicable) regarding 

23 commercial distribution of such article pursuant to 

24 the Federal Food, Drug, and Cosmetic Act. 
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1 (2) The determination of the Secretary shall 

2 not be affected by the subsequent commercial dis3 tribution in the United States of another medicine 

4 or medical device (as the case may be) that meets 

5 the same medical need as such article. 

6 (3) The Secretary shall by regulation establish 

7 criteria regarding the determination, including cri8 teria for a request under paragraph (1). 

9 SEC. 404. REPEAL OF PROHIBITION ON TRANSACTIONS OR 

10 PAYMENTS WITH RESPECT TO CERTAIN 

11 UNITED STATES INTELLECTUAL PROPERTY. 

12 Section 211 of the Department of Commerce and Re13 lated Agencies Appropriations Act, 1999 (as contained in 

14 section 101(b) of division A of Public Law 105–277; 112 

15 Stat. 2681–88) is repealed. 

16 SEC. 405. DIRECT MAIL DELIVERY TO CUBA. 

17 The United States Postal Service shall take such ac18 tions as are necessary to provide direct mail service to and 

19 from Cuba, including, in the absence of common carrier 

20 service between the 2 countries, the use of charter pro21 viders. 
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1 SEC. 406. EXPEDITED SECURITY CHECKS FOR CERTAIN VIS2 ITING CUBANS. 

3 Section 306 of the Enhanced Border Security and 

4 Visa Entry Reform Act of 2002 (8 U.S.C. 1735) is amend5 ed by adding at the end the following: 

6 ‘‘(c) SPECIAL RULES FOR NONIMMIGRANTS FROM

7 CUBA.—

8 ‘‘(1) EXPEDITED PROCESSING.—

9 ‘‘(A) IN GENERAL.—In the case of an alien 

10 from Cuba within a class described in subpara11 graph (B) who is seeking a nonimmigrant visa 

12 under section 101(a)(15)(B) of the Immigration 

13 and Nationality Act (8 U.S.C. 

14 1101(a)(15)(B))—

15 ‘‘(i) the determination under sub16 section (a) shall be expedited; and 

17 ‘‘(ii) there shall be a presumption that 

18 the alien does not pose a threat to the 

19 safety or national security of the United 

20 States. 

21 ‘‘(B) ALIENS DESCRIBED.—The following 

22 classes of aliens are described in this subpara23 graph: 

24 ‘‘(i) Professional musicians. 

25 ‘‘(ii) Professional artists. 
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1 ‘‘(iii) Individuals requiring health care 

2 (as certified by a medical professional). 

3 ‘‘(iv) Individuals with a demonstrated 

4 humanitarian need. 

5 ‘‘(v) Individuals having an unantici6 pated family emergency. 

7 ‘‘(vi) Religious leaders. 

8 ‘‘(vii) Scientists. 

9 ‘‘(viii) Scholars. 

10 ‘‘(ix) Educators. 

11 ‘‘(2) ARTISTS AND MUSICIANS INVITED TO PER12 FORM.—If an artist or musician described in para13 graph (1) receives an invitation to perform in the 

14 United States, the determination under subsection 

15 (a) shall be made not later than 30 days after the 

16 alien applies for the nonimmigrant visa. 

17 ‘‘(3) SCHOLARS AND RELIGIOUS LEADERS IN18 VITED TO SPEAK OR ATTEND CONFERENCE.—If a 

19 scholar or religious leader described in paragraph 

20 (1) receives an invitation to speak or attend a con21 ference in the United States, the determination 

22 under subsection (a) shall be made not later than 30 

23 days after the alien applies for the nonimmigrant 

24 visa.’’. 
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1 SEC. 407. MOTION PICTURE, TELEVISION, AND MUSIC RE2 CORDING PROJECTS IN CUBA. 

3 (a) TRAVEL TO CUBA.—

4 (1) IN GENERAL.—Pursuant to section 

5 201(a)(1) of this Act, the President may not regu6 late or prohibit, directly or indirectly—

7 (A) travel to, from, or within Cuba by 

8 United States persons for the purpose of (i) en9 gaging in motion picture or television projects 

10 of any kind, or (ii) engaging in music recording 

11 projects of any kind; or 

12 (B) any of the transactions incident to 

13 such travel. 

14 (2) APPLICABILITY OF GENERAL TRAVEL PRO15 VISIONS.—Except to the extent inconsistent with the 

16 provisions of this subsection, subsections (a)(2), (b), 

17 and (c) of section 201 of this Act shall apply to the 

18 requirements of paragraph (1) to the same extent 

19 and in the same manner as such subsections apply 

20 to section 201(a)(1) of this Act. 

21 (b) CONDUCT OF PROJECTS.—Notwithstanding any 

22 other provision of law or regulation, the President may 

23 not regulate or prohibit, directly or indirectly, transactions 

24 to engage in or finance motion picture or television 

25 projects of any kind in Cuba or to engage in music record26 ing projects of any kind in Cuba. 
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1 (c) PROTECTION OF INTELLECTUAL PROPERTY

2 RIGHTS.—Notwithstanding any other provision of law or 

3 regulation relating to the trade embargo of Cuba, each 

4 work created as a result of projects described in subsection 

5 (b) shall be afforded the same rights and protections that 

6 are afforded to other similar work under all applicable in7 tellectual property rights laws of the United States. 

8 (d) DEFINITIONS.—In this section: 

9 (1) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means a national of the 

11 United States or an alien lawfully admitted for per12 manent residence in the United States. 

13 (2) LAWFULLY ADMITTED FOR PERMANENT

14 RESIDENCE.—The term ‘‘lawfully admitted for per15 manent residence’’ has the meaning given the term 

16 in section 201(e)(1) of this Act. 

17 (3) NATIONAL OF THE UNITED STATES.—The 

18 term ‘‘national of the United States’’ has the mean19 ing given the term in section 201(e)(2) of this Act. 

20 SEC. 408. REMOVAL OF RESTRICTIONS TO ALLOW CUBAN 

21 NATIONALS TO COME TO THE UNITED 

22 STATES TO PLAY ORGANIZED PROFESSIONAL 

23 SPORTS. 

24 (a) RESTRICTION ON EMBARGO AUTHORITY.—The 

25 authorities of section 620(a) of the Foreign Assistance Act 
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1 of 1961, those authorities under section 5(b) of the Trad2 ing with the Enemy Act that were being exercised with 

3 respect to Cuba on July 1, 1977, as a result of a national 

4 emergency declared before that date, and are being exer5 cised on the date of the enactment of this Act, and section 

6 203 of the International Emergency Economic Powers Act 

7 may not be exercised to regulate or prohibit—

8 (1) those transactions permitted under section 

9 515.571 of title 31, Code of Federal Regulations, by 

10 or on behalf of a Cuban national who enters the 

11 United States from Cuba on a visa issued by the 

12 State Department under section 

13 101(a)(15)(H)(ii)(b) of the Immigration and Nation14 ality Act for the purpose of playing organized pro15 fessional sports; and 

16 (2) a Cuban national described in paragraph 

17 (1) from returning to Cuba with the earnings made 

18 in playing organized professional sports. 

19 (b) RESTRICTION ON IMMIGRATION AUTHORITY.—

20 The authority contained in section 212(f) of the Immigra21 tion and Nationality Act may not be used to deny a visa 

22 described in subsection (a)(1) to a Cuban national for the 

23 purpose of playing organized professional sports. 

24 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.—

25 This section applies notwithstanding section 102(h) of the 
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1 Cuban Liberty and Democratic Solidarity (LIBERTAD) 

2 Act of 1996. 

3 (d) DURATION OF VISA.—A visa described in sub4 section (a)(1)—

5 (1) shall permit the alien to whom the visa is 

6 issued to remain in the United States only for the 

7 duration of the season of the professional sport in8 volved; and 

9 (2) need not be renewed for subsequent entries 

10 into the United States for the duration of a valid 

11 contract entered into between the alien and the pro12 fessional sports team with which the alien played in 

13 the preceding season.

Æ