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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3422 Introduced in House (IH)]

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. Velazquez, 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.

    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 
2003''.

   TITLE I--FACILITATION OF THE EXPORT OF FOOD, MEDICINES, AND OTHER 
                       HUMANITARIAN GOODS TO CUBA

SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH 
              CUBA TO PERMIT THE EXPORT OF FOOD, MEDICINES, AND OTHER 
              HUMANITARIAN GOODS 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 to 
Cuba of any agricultural commodity, farm machinery or equipment, 
medicine, medical device, assistive technology device, personal care 
products, or products intended for the exclusive use by children, or 
with respect to travel incident to the sale or delivery of any such 
commodity, machinery or equipment, medicine, device, or product.
    (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) was reexported; or
                    (B) 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) Assistive technology device.--The term ``assistive 
        technology device'' means any item or piece of equipment that 
        is used to increase, maintain, or improve the functional 
        capabilities of an individual with a disability, including a 
        wheelchair or prosthetic device.
            (3) 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).
            (4) 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 2004, $1,400,000 for not to exceed 20 
        scholarships.
            (2) For fiscal year 2005, $1,750,000 for not to exceed 25 
        scholarships.
            (3) For fiscal year 2006, $2,450,000 for not to exceed 35 
        scholarships.
            (4) For fiscal year 2007, $2,450,000 for not to exceed 35 
        scholarships.
            (5) For fiscal year 2008, $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.).
    (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. REPEAL OF PROHIBITION ON TRANSACTIONS OR PAYMENTS WITH 
              RESPECT TO CERTAIN UNITED STATES INTELLECTUAL PROPERTY.

    Section 211 of the Department of Commerce and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(b) of division A 
of Public Law 105-277; 112 Stat. 2681-88) is repealed.

SEC. 405. DIRECT MAIL DELIVERY TO CUBA.

     The United States Postal Service shall take such actions as are 
necessary to provide direct mail service to and from Cuba, including, 
in the absence of common carrier service between the 2 countries, the 
use of charter providers.

SEC. 406. EXPEDITED SECURITY CHECKS FOR CERTAIN VISITING CUBANS.

    Section 306 of the Enhanced Border Security and Visa Entry Reform 
Act of 2002 (8 U.S.C. 1735) is amended by adding at the end the 
following:
    ``(c) Special Rules for Nonimmigrants From Cuba.--
            ``(1) Expedited processing.--
                    ``(A) In general.--In the case of an alien from 
                Cuba within a class described in subparagraph (B) who 
                is seeking a nonimmigrant visa under section 
                101(a)(15)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(B))--
                            ``(i) the determination under subsection 
                        (a) shall be expedited; and
                            ``(ii) there shall be a presumption that 
                        the alien does not pose a threat to the safety 
                        or national security of the United States.
                    ``(B) Aliens described.--The following classes of 
                aliens are described in this subparagraph:
                            ``(i) Professional musicians.
                            ``(ii) Professional artists.
                            ``(iii) Individuals requiring health care 
                        (as certified by a medical professional).
                            ``(iv) Individuals with a demonstrated 
                        humanitarian need.
                            ``(v) Individuals having an unanticipated 
                        family emergency.
                            ``(vi) Religious leaders.
                            ``(vii) Scientists.
                            ``(viii) Scholars.
                            ``(ix) Educators.
            ``(2) Artists and musicians invited to perform.--If an 
        artist or musician described in paragraph (1) receives an 
        invitation to perform in the United States, the determination 
        under subsection (a) shall be made not later than 30 days after 
        the alien applies for the nonimmigrant visa.
            ``(3) Scholars and religious leaders invited to speak or 
        attend conference.--If a scholar or religious leader described 
        in paragraph (1) receives an invitation to speak or attend a 
        conference in the United States, the determination under 
        subsection (a) shall be made not later than 30 days after the 
        alien applies for the nonimmigrant visa.''.

SEC. 407. MOTION PICTURE, TELEVISION, AND MUSIC RECORDING PROJECTS IN 
              CUBA.

    (a) Travel to Cuba.--
            (1) In general.--Pursuant to section 201(a)(1) of this Act, 
        the President may not regulate or prohibit, directly or 
        indirectly--
                    (A) travel to, from, or within Cuba by United 
                States persons for the purpose of (i) engaging in 
                motion picture or television projects of any kind, or 
                (ii) engaging in music recording projects of any kind; 
                or
                    (B) any of the transactions incident to such 
                travel.
            (2) Applicability of general travel provisions.--Except to 
        the extent inconsistent with the provisions of this subsection, 
        subsections (a)(2), (b), and (c) of section 201 of this Act 
        shall apply to the requirements of paragraph (1) to the same 
        extent and in the same manner as such subsections apply to 
        section 201(a)(1) of this Act.
    (b) Conduct of Projects.--Notwithstanding any other provision of 
law or regulation, the President may not regulate or prohibit, directly 
or indirectly, transactions to engage in or finance motion picture or 
television projects of any kind in Cuba or to engage in music recording 
projects of any kind in Cuba.
    (c) Protection of Intellectual Property Rights.--Notwithstanding 
any other provision of law or regulation relating to the trade embargo 
of Cuba, each work created as a result of projects described in 
subsection (b) shall be afforded the same rights and protections that 
are afforded to other similar work under all applicable intellectual 
property rights laws of the United States.
    (d) Definitions.--In this section:
            (1) United states person.--The term ``United States 
        person'' means a national of the United States or an alien 
        lawfully admitted for permanent residence in the United States.
            (2) Lawfully admitted for permanent residence.--The term 
        ``lawfully admitted for permanent residence'' has the meaning 
        given the term in section 201(e)(1) of this Act.
            (3) National of the united states.--The term ``national of 
        the United States'' has the meaning given the term in section 
        201(e)(2) of this Act.

SEC. 408. REMOVAL OF RESTRICTIONS TO ALLOW CUBAN NATIONALS TO COME TO 
              THE UNITED STATES TO PLAY ORGANIZED PROFESSIONAL SPORTS.

    (a) Restriction on Embargo Authority.--The authorities of section 
620(a) of the Foreign Assistance Act of 1961, those authorities under 
section 5(b) of the Trading with the Enemy Act that were being 
exercised with respect to Cuba on July 1, 1977, as a result of a 
national emergency declared before that date, and are being exercised 
on the date of the enactment of this Act, and section 203 of the 
International Emergency Economic Powers Act may not be exercised to 
regulate or prohibit--
            (1) those transactions permitted under section 515.571 of 
        title 31, Code of Federal Regulations, by or on behalf of a 
        Cuban national who enters the United States from Cuba on a visa 
        issued by the State Department under section 
        101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act for 
        the purpose of playing organized professional sports; and
            (2) a Cuban national described in paragraph (1) from 
        returning to Cuba with the earnings made in playing organized 
        professional sports.
    (b) Restriction on Immigration Authority.--The authority contained 
in section 212(f) of the Immigration and Nationality Act may not be 
used to deny a visa described in subsection (a)(1) to a Cuban national 
for the purpose of playing organized professional sports.
    (c) Inapplicability of Other Restrictions.--This section applies 
notwithstanding section 102(h) of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996.
    (d) Duration of Visa.--A visa described in subsection (a)(1)--
            (1) shall permit the alien to whom the visa is issued to 
        remain in the United States only for the duration of the season 
        of the professional sport involved; and
            (2) need not be renewed for subsequent entries into the 
        United States for the duration of a valid contract entered into 
        between the alien and the professional sports team with which 
        the alien played in the preceding season.
                                 <all>
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