II

107TH CONGRESS

1ST SESSION S. 1017

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 SENATE OF THE UNITED STATES

JUNE 12, 2001

Mr. DODD (for himself, Mr. CHAFEE, Mr. LEAHY, Mr. LUGAR, Mr. ROBERTS,

Mr. BAUCUS, Mr. LEVIN, Mrs. BOXER, Mr. JEFFORDS, Mr. KENNEDY,

Mr. AKAKA, Mr. WELLSTONE, Mr. DORGAN, Mr. BINGAMAN, Mr. DURBIN, and Mr. HAGEL) introduced the following bill; which was read twice

and referred to the Committee on Foreign Relations

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.

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 2001’’.
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1 TITLE I—FACILITATION OF THE

2 EXPORT OF FOOD AND MEDI3 CINES TO CUBA

4 SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRIC5 TIONS ON TRADE WITH CUBA TO PERMIT THE

6 EXPORT OF FOOD AND MEDICINES TO CUBA.

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

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

9 trade or financial transactions with Cuba shall not apply

10 with respect to the export of any agricultural commodity,

11 farm machinery or equipment, medicine, or medical device,

12 or with respect to travel incident to the sale or delivery

13 of any agricultural commodity, farm machinery or equip14 ment, medicine, or medical device, to Cuba.

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

16 to—

17 (1) any prohibition or restriction imposed under

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

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

20 containing parts or components on which export con21 trols are in effect under that section; or

22 (2) any prohibition or restriction imposed under

23 section 203 of the International Emergency Eco24 nomic Powers Act (50 U.S.C. 1702) insofar as the

25 prohibition or restriction is exercised to deal with a
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1 threat to the national security of the United States

2 by virtue of the technology incorporated in such ma3 chinery or equipment.

4 (c) SUPERSEDES EXISTING LAW.—Subsection (a) su5 persedes the Trade Sanctions Reform and Export En6 hancement Act of 2000 (title IX of H.R. 5426 of the One

7 Hundred Sixth Congress, as enacted into law by section

8 1(a) of Public Law 106–387, and as contained in the ap9 pendix of that Act) or any other provision of law.

10 SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VES11 SELS ENTERING UNITED STATES PORTS.

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

13 1992 (22 U.S.C. 6005(b); prohibiting certain vessels from

14 entering United States ports) shall not apply with respect

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

16 which is permitted under section 101 or 404 of this Act.

17 SEC. 103. STUDY AND REPORT RELATING TO EXPORT PRO18 MOTION AND CREDIT PROGRAMS FOR CUBA.

19 (a) STUDY.—The Secretary of Agriculture shall con20 duct a study of United States agricultural export pro21 motion and credit programs in effect as of the date of en22 actment of this Act to determine how such programs may

23 be carried out to promote the consumption of United

24 States agricultural commodities in Cuba.
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1 (b) REPORT.—Not later than 90 days after the date

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

3 submit to the Committee on Agriculture of the House of

4 Representatives and the Committee on Agriculture, Nutri5 tion, and Forestry of the Senate a report containing—

6 (1) the results of the study conducted under

7 subsection (a); and

8 (2) recommendations for proposed legislation, if

9 any, to improve the ability of the Secretary of Agri10 culture to utilize United States agricultural export

11 promotion and credit programs with respect to the

12 consumption of United States agricultural commod13 ities in Cuba.

14 SEC. 104. REPORT TO CONGRESS.

15 Not later than 6 months after the date of enactment

16 of this Act, the President shall submit to Congress a re17 port that sets forth—

18 (1) the extent (expressed in volume and dollar

19 amounts) of sales to Cuba of agricultural commod20 ities, farm machinery and equipment, medicines, and

21 medical devices, since the date of enactment of this

22 Act;

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

24 exported; and
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1 (3) whether there has been any indication that

2 any medicine or medical device exported to Cuba

3 since the date of enactment of this Act—

4 (A) has been used for purposes of torture

5 or other human rights abuses;

6 (B) was reexported; or

7 (C) was used in the production of any bio8 technological product.

9 SEC. 105. DEFINITIONS.

10 In this title:

11 (1) AGRICULTURAL COMMODITY.—The term

12 ‘‘agricultural commodity’’—

13 (A) has the meaning given the term in sec14 tion 102 of the Agricultural Trade Act of 1978

15 (7 U.S.C. 5602); and

16 (B) includes fertilizer.

17 (2) MEDICAL DEVICE.—The term ‘‘medical de18 vice’’ has the meaning given the term ‘‘device’’ in

19 section 201 of the Federal Food, Drug, and Cos20 metic Act (21 U.S.C. 321).

21 (3) MEDICINE.—The term ‘‘medicine’’ has the

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

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

24 7321).
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1 TITLE II—EASING OF RESTRIC2 TIONS ON TRAVEL BY UNITED

3 STATES NATIONALS TO CUBA

4 SEC. 201. TRAVEL TO CUBA.

5 (a) IN GENERAL.—

6 (1) FREEDOM OF TRAVEL FOR UNITED STATES

7 NATIONALS AND LAWFUL PERMANENT RESIDENT

8 ALIENS.—

9 (A) IN GENERAL.—Subject to subsection

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

11 directly or indirectly—

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

13 nationals of the United States or aliens

14 lawfully admitted for permanent residence

15 in the United States; or

16 (ii) any of the transactions incident to

17 such travel that are set forth in paragraph

18 (2).

19 (B) SUPERSEDES EXISTING LAW.—Sub20 paragraph (A) supersedes any other provision

21 of law.

22 (2) TRANSACTIONS INCIDENT TO TRAVEL.—

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

24 subparagraph (B), the transactions referred to

25 in paragraph (1) are—
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1 (i) any transaction ordinarily incident

2 to travel to or from Cuba, including the

3 importation into Cuba or the United States

4 of accompanied baggage for personal use

5 only;

6 (ii) any transaction ordinarily incident

7 to travel or maintenance within Cuba, in8 cluding the payment of living expenses and

9 the acquisition of goods or services for per10 sonal use;

11 (iii) any transaction ordinarily inci12 dent to the arrangement, promotion, or fa13 cilitation of travel to, from, or within

14 Cuba;

15 (iv) any transaction incident to non16 scheduled air, sea, or land voyages, except

17 that this clause does not authorize the car18 riage of articles into Cuba or the United

19 States except accompanied baggage; and

20 (v) any normal banking transaction

21 incident to any activity described in any of

22 the preceding clauses, including the

23 issuance, clearing, processing, or payment

24 of checks, drafts, travelers checks, credit
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1 or debit card instruments, or similar in2 struments.

3 (B) EXCLUSION OF CERTAIN GOODS FOR

4 PERSONAL CONSUMPTION.—The transactions

5 described in subparagraph (A) do not include

6 the importation into the United States of goods

7 for personal consumption acquired in Cuba in

8 excess of the amount established by the Sec9 retary of the Treasury pursuant to section 321

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

11 otherwise authorized by law.

12 (b) EXCEPTIONS.—The prohibition contained in sub13 section (a)(1) does not apply in a case in which—

14 (1) the United States is at war with Cuba;

15 (2) armed hostilities between the two countries

16 are in progress or imminent; or

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

18 health or the physical safety of nationals of the

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

20 Cuba.

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

22 taken by the President before the date of enactment of

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

24 taken on or after such date.
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1 (d) REPEALS.—There are repealed the following pro2 visions of law:

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

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

5 (2) Section 910 of the Trade Sanctions Reform

6 and Export Enhancement Act of 2000 (title IX of

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

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

9 387, and as contained in the appendix of that Act).

10 (e) DEFINITIONS.—In this section:

11 (1) LAWFULLY ADMITTED FOR PERMANENT

12 RESIDENCE.—The term ‘‘lawfully admitted for per13 manent residence’’ has the meaning given the term

14 in section 101(a)(20) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(20)).

16 (2) NATIONAL OF THE UNITED STATES.—The

17 term ‘‘national of the United States’’ has the mean18 ing given the term in section 101(a)(22) of the Im19 migration and Nationality Act (8 U.S.C.

20 1101(a)(22)).

21 TITLE III—SCHOLARSHIPS FOR

22 CERTAIN CUBAN NATIONALS

23 SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.

24 (a) AUTHORITY.—
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1 (1) IN GENERAL.—The President is authorized

2 to provide scholarships under section 102 of the Mu3 tual Educational and Cultural Exchange Act of

4 1961 (22 U.S.C. 2452) for nationals of Cuba who

5 seek to undertake graduate study in public health,

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

7 science. In awarding scholarships under this para8 graph, the President shall give preference to individ9 uals not employed by the Cuban government or ac10 tively participating in the communist party.

11 (2) SUPERSEDING EXISTING LAW.—The author12 ity of paragraph (1) shall be exercised without re13 gard to any other provision of law.

14 (b) ALLOCATION OF FUNDS.—Of the amounts au15 thorized to be appropriated to carry out the Mutual Edu16 cational and Cultural Exchange Act of 1961 (22 U.S.C.

17 2451 et seq.) for fiscal years 2002 through 2006, the fol18 lowing amounts are authorized to be available to carry out

19 subsection (a):

20 (1) For fiscal year 2002, $1,400,000 for not to

21 exceed 20 scholarships.

22 (2) For fiscal year 2003, $1,750,000 for not to

23 exceed 25 scholarships.

24 (3) For fiscal year 2004, $2,450,000 for not to

25 exceed 35 scholarships.
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1 (4) For fiscal year 2005, $2,450,000 for not to

2 exceed 35 scholarships.

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

4 exceed 35 scholarships.

5 TITLE IV—MISCELLANEOUS

6 PROVISIONS

7 SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUB8 LIC LAW 104–114.

9 (a) WAIVER OF SANCTIONS AND RESTRICTIONS ON

10 ASSISTANCE.—Notwithstanding any other provision of

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

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

13 if the President determines that to do so will promote the

14 peaceful transition to democracy in Cuba.

15 (b) WAIVER OF GROUNDS OF INADMISSIBILITY OF

16 CERTAIN ALIENS.—Notwithstanding any other provision

17 of law or regulation, the President may waive provisions

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

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

20 President determines that to do so will further the na21 tional economic interest of the United States.

22 SEC. 402. PROHIBITION ON LIMITING ANNUAL REMIT23 TANCES.

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

25 (b), the Secretary of the Treasury may not limit the
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1 amount of remittances to Cuba that may be made by any

2 person who is subject to the jurisdiction of the United

3 States, and the Secretary shall rescind all regulations in

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

5 the amount of those remittances.

6 (b) STATUTORY CONSTRUCTION.—Nothing in sub7 section (a) may be construed to prohibit the prosecution

8 or conviction of any person committing an offense de9 scribed in section 1956 of title 18, United States Code

10 (relating to the laundering of monetary instruments) or

11 section 1957 of such title (relating to engaging in mone12 tary transactions in property derived from specific unlaw13 ful activity).

14 SEC. 403. IMPORTATION OF DRUGS AND DEVICES.

15 Any prohibition or restriction in law (including a reg16 ulation) on trade or financial transactions with Cuba shall

17 not apply with respect to—

18 (1) a new drug for which an application for in19 vestigation under section 505(i) of the Federal

20 Food, Drug, and Cosmetic Act (21 U.S.C. 355(i))

21 has been submitted to the Secretary of Health and

22 Human Services;

23 (2) a biological product for which an application

24 for investigation under section 351(a)(3) of the Pub25 lic Health Service Act (42 U.S.C. 262(a)(3)) has
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1 been submitted to the Secretary of Health and

2 Human Services;

3 (3) a device for which an application for inves4 tigation under section 520(g) of the Federal Food,

5 Drug, and Cosmetic Act (21 U.S.C. 360j(g)) has

6 been submitted to the Secretary of Health and

7 Human Services;

8 (4) a drug that is the subject of an approved

9 application under section 505 of the Federal Food,

10 Drug, and Cosmetic Act (21 U.S.C. 355);

11 (5) a biological product that is the subject of an

12 approved license under section 351 of the Public

13 Health Service Act (42 U.S.C. 262); or

14 (6) a device that—

15 (A) is cleared for marketing under section

16 510(k) of the Federal Food, Drug, and Cos17 metic Act (21 U.S.C. 360(k));

18 (B) is the subject of an approved applica19 tion for premarket approval under section 515

20 of the Federal Food, Drug, and Cosmetic Act

21 (21 U.S.C. 360e); or

22 (C) is exempted from premarket clearance

23 under subsection (l) or (m) of section 510 of

24 the Federal Food, Drug, and Cosmetic Act (21

25 U.S.C. 360).
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1 SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON

2 GOODS OR SERVICES INTENDED FOR EXCLU3 SIVE USE OF CHILDREN.

4 Funds made available under any provision of law may

5 not be used to administer or enforce any sanction by the

6 United States on exports of goods or services intended for

7 the exclusive use of children (other than a sanction im8 posed pursuant to an agreement with one or more other

9 countries).

Æ