190d
<PRE>[DOCID: f:s239is.txt]






107th CONGRESS
  1st Session
                                 S. 239

    To improve access to the Cuban market for American agricultural 
                   producers and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2001

  Mr. Hagel (for himself, Mr. Dodd, Mr. Roberts, Mr. Dorgan, and Mr. 
Lugar) introduced the following bill; which was read twice and referred 
                 to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To improve access to the Cuban market for American agricultural 
                   producers 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 ``Cuba Food and Medicine Access Act of 
2001''.

                                TITLE I

SEC. 10. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH CUBA 
              TO ALLOW FOR THE EXPORT OF FOOD AND MEDICINES TO CUBA.

    Notwithstanding 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) (except section 904 of such Act) 
or any other provision of law (except section 11 of this Act), the 
prohibition or restriction on trade or financial transactions with Cuba 
shall not apply with respect to the export of any agricultural 
commodities, medicines, or medical devices, or with respect to travel 
incident to the sale or delivery of agricultural commodities, 
medicines, or medical devices, to Cuba.

SEC. 11. LIMITATION ON EXCEPTION TO ALLOW FOR THE EXPORT OF FOOD AND 
              MEDICINE TO CUBA.

    Section 10 of this Act shall not apply--
            (1) with respect to restrictions imposed under section 5 of 
        the Export Administration Act of 1979 for goods containing 
        parts or components on which export controls are in effect 
        under that section; and
            (2) with respect to section 203 of the International 
        Emergency Economic Powers Act, to the extent the authorities 
        under that section are exercised to deal with a threat to the 
        national security of the United States by virtue of the 
        technology incorporated in such goods.

SEC. 12. LIFTING CERTAIN PROHIBITIONS ON VESSELS ENTERING U.S. PORTS.

    Sanctions pursuant to section 1706(b) of title XVII of Public Law 
102-484 (Cuban Democracy Act of 1992) shall not apply with respect to 
vessels which have transported food or medicine to Cuba.

 SEC. 13. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT 
              PROGRAMS FOR CUBA.

    Title IV of the Agricultural Trade Act of 1978 (7 U.S.C. 5661 et 
seq.) is amended by adding at the end the following:

``SEC. 418. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT 
              PROGRAMS FOR CUBA.

    ``(a) Study.--The Secretary shall carry out a study of existing 
United States agricultural export promotion and credit programs to 
determine how such programs can 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 the 
enactment of this section, the Secretary shall prepare and 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 carried out under subsection 
        (a); and
            ``(2) proposed legislation, if any, to improve the ability 
        of the Secretary to utilize United States agricultural export 
        promotion and credit programs with respect to the consumption 
        of United States agricultural commodities in Cuba.''.

SEC. 14. REPORT TO CONGRESS.

    Not later than 6 months after the date of the enactment of this 
Act, the President shall transmit to the Congress a report that sets 
forth--
            (1) the extent (expressed in volume and dollar amounts) of 
        sales to Cuba of agricultural commodities, medicines, and 
        medical devices, since the date of the enactment of this Act;
            (2) a description of the types and end users of the goods 
        so exported; and
            (3) whether there has been any indication that any 
        medicines, or medical devices exported to Cuba since the date 
        of the enactment of this Act--
                    (A) have been used for purposes of torture or other 
                human rights abuses;
                    (B) were reexported; or
                    (C) were used in the production of any bio-
                technological product.

SEC. 15. DEFINITIONS.

    (a) Agricutural Commodity.--The term ``agricultural commodity''--
            (1) has the meaning given the term in section 102 of the 
        Agricultural Trade Act of 1978 (7 U.S.C. 5602); and
            (2) includes fertilizer and organic fertilizer, except to 
        the extent provided pursuant to section 904 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).
    (b) 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).
    (c) 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

SEC. 20. REPEAL OF CODIFICATION OF TRAVEL RESTRICTIONS BY AMERICAN 
              CITIZENS TO CUBA.

    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) is hereby repealed.

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