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.

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

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.

END