Home > 106th Congressional Bills > H.R. 3423 (ih) Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2000, and for other purposes. [Introduced in House] ...H.R. 3423 (ih) Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2000, and for other purposes. [Introduced in House] ...
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.
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