I

106TH CONGRESS

1ST SESSION H. R. 230

To make an exception to the United States embargo on trade with Cuba

for the export of food, medicines, medical supplies, medical instruments,

or medical equipment, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. RANGEL (for himself, Mr. LEACH, Mr. SHAYS, MR. PAUL, Mr. CONDIT,

Ms. LEE, Mr. CONYERS, Mr. FARR of California, Mr. CAMPBELL, Mr.

NADLER, Mr. RODRIGUEZ, Mr. BOUCHER, Ms. WOOLSEY, Mr. HALL of

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

the Committee on 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

A BILL

To make an exception to the United States embargo on

trade with Cuba for the export of food, medicines, medical supplies, medical instruments, or medical equipment,

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cuban Humanitarian

5 Trade Act of 1999’’.
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1 SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE

2 FOREIGN ASSISTANCE ACT OF 1961.

3 Section 620(a)(1) of the Foreign Assistance Act of

4 1961 (22 U.S.C. 2370(a)(1)) is amended by inserting be5 fore the period at the end of the second sentence the fol6 lowing: ‘‘, except that any such embargo shall not apply

7 with respect to the export of any food, medicines, medical

8 supplies, medical instruments, or medical equipment, or

9 with respect to travel incident to the delivery of food,

10 medicines, medical supplies, medical instruments, or medi11 cal equipment’’.

12 SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON

13 TRADE WITH CUBA.

14 Upon the enactment of this Act, any regulation, proc15 lamation, or provision of law, including Presidential Proc16 lamation 3447 of February 3, 1962, the Export Adminis17 tration Regulations (15 CFR 730 and following), and the

18 Cuban Assets Control Regulations (31 CFR 515), that

19 prohibits exports to Cuba or transactions involving exports

20 to Cuba and that is in effect on the date of the enactment

21 of this Act, shall not apply with respect to the export to

22 Cuba of food, medicines, medical supplies, medical instru23 ments, or medical equipment, or with respect to travel in24 cident to the delivery of food, medicines, medical supplies,

25 medical instruments, or medical equipment.
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1 SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AU2 THORITY.

3 After the enactment of this Act, the President may

4 not restrict the exportation to Cuba of food, medicines,

5 medical supplies, medical instruments, or medical

6 equipment—

7 (1) under the Export Administration Act of

8 1979, except to the extent such restrictions would be

9 permitted under section 5 of that Act for goods con10 taining parts or components on which export con11 trols are in effect under that section; or

12 (2) under section 203 of the International

13 Emergency Economic Powers Act, except to the ex14 tent the authorities under that section are exercised

15 to restrict the export of medical instruments or med16 ical equipment to deal with a threat to the national

17 security of the United States by virtue of the tech18 nology incorporated in such instruments or equip19 ment.

20 SEC. 5. CONFORMING AMENDMENTS.

21 (a) SANCTIONS UNDER CUBAN DEMOCRACY ACT OF

22 1992.—Section 1705 of the Cuban Democracy Act of

23 1992 (22 U.S.C. 6004) is amended—

24 (1) in subsection (b)—

25 (A) in the subsection caption by striking ‘‘,

26 DONATIONS’’ and inserting ‘‘, EXPORTS’’; and
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1 (B) by striking ‘‘donations of food to non2 governmental organizations or individuals in

3 Cuba’’ and inserting ‘‘exports of food to Cuba’’;

4 (2) by amending subsection (c) to read as fol5 lows:

6 ‘‘(c) EXPORTS OF MEDICINES AND MEDICAL SUP7 PLIES TO CUBA.—Exports of medicines, medical supplies,

8 medical instruments, or medical equipment to Cuba shall

9 not be restricted—

10 ‘‘(1) except to the extent such restrictions

11 would be permitted—

12 ‘‘(A) under section 5 of the Export Admin13 istration Act of 1979 for goods containing parts

14 or components on which export controls are in

15 effect under that section; or

16 ‘‘(B) under clause (A), (B), or (C) of sec17 tion 203(b)(2) of the International Emergency

18 Economic Powers Act;

19 ‘‘(2) except in a case in which there is a reason20 able likelihood that the item to be exported will be

21 used for purposes of torture or other human rights

22 abuses;

23 ‘‘(3) except in a case in which there is a reason24 able likelihood that the item to be exported will be

25 reexported; and
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1 ‘‘(4) except in a case in which the item to be

2 exported could be used in the production of any bio3 technological product.

4 Before imposing restrictions under this subsection, the

5 President shall submit to the Congress a report describing

6 the restrictions to be imposed and the reasons for the re7 strictions.’’; and

8 (3) by striking subsection (d) and redesignating

9 subsections (e), (f), and (g) as subsections (d), (e),

10 and (f), respectively.

11 (b) INTERNATIONAL COOPERATION.—Section

12 1704(b)(2)(C)(i) of the Cuban Democracy Act of 1992 (22

13 U.S.C. 6003(b)(2)(C)(i)) is amended to read as follows:

14 ‘‘(i) exports of food to Cuba; or’’.

15 SEC. 6. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT

16 WITH RESPECT TO CUBA.

17 Subparagraph (A) of section 901(j)(2) of the Internal

18 Revenue Code of 1986 (relating to denial of foreign tax

19 credit, etc., with respect to certain foreign countries) is

20 amended by adding at the end thereof the following new

21 flush sentence:

22 ‘‘Notwithstanding the preceding sentence, this

23 subsection shall not apply to Cuba with respect

24 to income, war profits, or excess profits taxes

25 paid to Cuba that are attributable to activities
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1 with respect to articles permitted to be exported

2 to Cuba, or travel incident thereto that is per3 mitted, by virtue of the enactment of the Cuban

4 Humanitarian Trade Act of 1999. The preced5 ing sentence shall apply after the date which is

6 60 days after the date of the enactment of this

7 sentence.’’.

8 SEC. 7. INAPPLICABILITY OF OTHER RESTRICTIONS.

9 This Act and the amendments made by this Act apply

10 notwithstanding section 102(h) of the Cuban Liberty and

11 Democratic Solidarity (LIBERTAD) Act of 1996 (22

12 U.S.C. 6032(h)).

13 SEC. 8. REPORT TO CONGRESS.

14 Not later than 6 months after the date of the enact15 ment of this Act, the President shall transmit to the Con16 gress a report that sets forth—

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

18 amounts) of sales to Cuba of food, medicines, medi19 cal supplies, medical instruments, and medical

20 equipment, since the enactment of this Act;

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

22 the goods so exported; and

23 (3) whether there has been any indication that

24 any medicines, medical supplies, medical instru-
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1 ments, or medical equipment exported to Cuba since

2 the enactment of this Act—

3 (A) have been used for purposes of torture

4 or other human rights abuses;

5 (B) were reexported; or

6 (C) were used in the production of any bio7 technological product.

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