I

106TH CONGRESS

1ST SESSION H. R. 1644

To provide the people of Cuba with access to food and medicines from

the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. SERRANO (for himself, Mr. LEACH, Mr. ALLEN, Mr. BARRETT of Wisconsin, Mr. BLUMENAUER, Mr. BOUCHER, Mr. BROWN of California, Mr.

CAMPBELL, Mr. CLAY, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr.

DELAHUNT, Mr. DOOLEY of California, Mr. ENGLISH, Mr. EVANS, Mr.

FARR of California, Mr. HILLIARD, Mr. JOHN, Ms. KILPATRICK, Mr. LAFALCE, Mr. LAMPSON, Ms. LEE, Ms. LOFGREN, Mrs. LOWEY, Mr.

MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, Mrs. MALONEY of New

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

MINGE, Mr. MOAKLEY, Mr. MORAN of Virginia, Mr. MORAN of Kansas,

Mrs. MORELLA, Mr. NADLER, Mr. NEAL of Massachusetts, Mr.

NETHERCUTT, Mr. NEY, Mr. OBERSTAR, Mr. OLVER, Ms. PELOSI, Ms.

RIVERS, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SHAYS, Mr. STARK, Ms.

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

the Committee on Agriculture, 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, 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,
2

•HR 1644 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Cuban Food and Medi3 cine Security Act of 1999’’.

4 SEC. 2. LIMITATION ON PROHIBITIONS AND RESTRICTIONS

5 ON TRADE WITH CUBA TO ALLOW FOR THE

6 EXPORT OF FOOD AND MEDICINES TO CUBA.

7 Notwithstanding section 620(a)(1) of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2370(a)(1)) or any other

9 provision of law (except section 3 of this Act), the prohibi10 tion or restriction on trade or financial transactions with

11 Cuba shall not apply with respect to the export of any

12 food and other agricultural products (including fertilizer),

13 medicines, medical supplies, medical instruments, or med14 ical equipment, or with respect to travel incident to the

15 sale or delivery of food and other agricultural products (in16 cluding fertilizer), medicines, medical supplies, medical in17 struments, or medical equipment, to Cuba.

18 SEC. 3. LIMITATION ON EXCEPTION TO ALLOW FOR THE EX19 PORT OF FOOD AND MEDICINES TO CUBA.

20 Section 2 of this Act shall not apply—

21 (1) with respect to restrictions imposed under

22 section 5 of the Export Administration Act of 1979

23 for goods containing parts or components on which

24 export controls are in effect under that section; and

25 (2) with respect to section 203 of the Inter26 national Emergency Economic Powers Act, to the
3

•HR 1644 IH

1 extent the authorities under that section are exer2 cised to deal with a threat to the national security

3 of the United States by virtue of the technology in4 corporated in such instruments or equipment.

5 SEC. 4. STUDY AND REPORT RELATING TO EXPORT PRO6 MOTION AND CREDIT PROGRAMS FOR CUBA.

7 Title IV of the Agricultural Trade Act of 1978 (7

8 U.S.C. 5661 et seq.) is amended by adding at the end

9 the following:

10 ‘‘SEC. 418. STUDY AND REPORT RELATING TO EXPORT PRO11 MOTION AND CREDIT PROGRAMS FOR CUBA.

12 ‘‘(a) STUDY.—The Secretary shall carry out a study

13 of existing United States agricultural export promotion

14 and credit programs to determine how such programs can

15 be carried out to promote the consumption of United

16 States agricultural commodities in Cuba.

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

18 of the enactment of this section, the Secretary shall pre19 pare and submit to the Committee on Agriculture of the

20 House of Representatives and the Committee on Agri21 culture, Nutrition, and Forestry of the Senate a report

22 containing—

23 ‘‘(1) the results of the study carried out under

24 subsection (a); and
4

•HR 1644 IH

1 ‘‘(2) proposed legislation, if any, to improve the

2 ability of the Secretary to utilize United States agri3 cultural export promotion and credit programs with

4 respect to the consumption of United States agricul5 tural commodities in Cuba.’’.

6 SEC. 5. REPORT TO CONGRESS.

7 Not later than 6 months after the date of the enact8 ment of this Act, the President shall transmit to the Con9 gress a report that sets forth—

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

11 amounts) of sales to Cuba of food and other agricul12 tural products (including fertilizer), medicines, med13 ical supplies, medical instruments, and medical

14 equipment, since the enactment of this Act;

15 (2) a description of the types and end users of

16 the goods so exported; and

17 (3) whether there has been any indication that

18 any medicines, medical supplies, medical instru19 ments, or medical equipment exported to Cuba since

20 the enactment of this Act—

21 (A) have been used for purposes of torture

22 or other human rights abuses;

23 (B) were reexported; or
5

•HR 1644 IH

1 (C) were used in the production of any bio2 technological product.

Æ