I
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. CLEM-
ENT, 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. RAN-
GEL, 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. VELA´ZQUEZ, Mr. WALSH, Ms. WATERS, Mr. WATT of
North Carolina, Mr. WAXMAN, Ms. WOOLSEY, and Mr. WYNN) intro-
duced the following bill; which was referred to the Committee on Inter-
national Relations, and in addition to the Committees on Agriculture, Fi-
nancial 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 con-
cerned
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 Representa-
tives 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 MEDI-
CINES TO CUBA
SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRIC-
TIONS 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 equip-
ment, 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 con-
trols are in effect under that section; or
(2) any prohibition or restriction imposed under
section 203 of the International Emergency Eco-
nomic 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 ma-
chinery or equipment.
(c) SUPERSEDES EXISTING LAW.—Subsection (a) su-
persedes the Trade Sanctions Reform and Export En-
hancement 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 ap-
pendix of that Act) or any other provision of law.
SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VES-
SELS 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 PRO-
MOTION AND CREDIT PROGRAMS FOR CUBA.
(a) STUDY.—The Secretary of Agriculture shall con-
duct a study of United States agricultural export pro-
motion and credit programs in effect as of the date of en-
actment 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, Nutri-
tion, 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 Agri-
culture to utilize United States agricultural export
promotion and credit programs with respect to the
consumption of United States agricultural commod-
ities 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 re-
port that sets forth—
section 201 of the Federal Food, Drug, and Cos-
metic 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 RESTRIC-
TIONS 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.—Sub-
paragraph (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, in-
cluding the payment of living expenses and
the acquisition of goods or services for per-
sonal use;
(iii) any transaction ordinarily inci-
dent to the arrangement, promotion, or fa-
cilitation of travel to, from, or within
Cuba;
(iv) any transaction incident to non-
scheduled air, sea, or land voyages, except
that this clause does not authorize the car-
riage 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 in-
struments.
(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 Sec-
retary 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 sub-
section (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 pro-
visions 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 per-
manent residence’’ has the meaning given the term
in section 101(a)(20) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(20)).
(2) NATIONAL OF THE UNITED STATES.—The
term ‘‘national of the United States’’ has the mean-
ing given the term in section 101(a)(22) of the Im-
migration 
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 Mu-
tual 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 author-
ity of paragraph (1) shall be exercised without re-
gard to any other provision of law.
(b) ALLOCATION OF FUNDS.—Of the amounts au-
thorized to be appropriated to carry out the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C.
2451 et seq.) for fiscal years 2002 through 2006, the fol-
lowing 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 PUB-
LIC 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 na-
tional economic interest of the United States.
SEC. 402. PROHIBITION ON LIMITING ANNUAL REMIT-
TANCES.
(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 sub-
section (a) may be construed to prohibit the prosecution
or conviction of any person committing an offense de-
scribed 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 mone-
tary transactions in property derived from specific unlaw-
ful 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 med-
ical device that—
(A) is of Cuban origin;
(B) is or has been located in or trans-
ported 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 provi-
sion 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 deter-
mination, in accordance with subsection (c), that there is
a medical need in the United States for the covered med-
ical article that is not being met by any medicine or med-
ical device in commercial distribution in the United States.
(c) DETERMINATIONS OF MEDICAL NEED.—With re-
spect 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 applica-
tion 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 dis-
tribution 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 cri-
teria for a request under paragraph (1).
SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON
GOODS OR SERVICES INTENDED FOR EXCLU-
SIVE 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 im-
posed pursuant to an agreement with one or more other
countries).
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