I
107TH CONGRESS
1ST SESSION
H. R. 797
To make an exception to the United States embargo on trade with Cuba
for the export of agricultural commodities, medicines, medical supplies,
medical instruments, or medical equipment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2001
Mr. RANGEL (for himself, Mr. JEFFERSON, Mr. NEAL of Massachusetts, and
Mr. RAMSTAD) 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 agricultural commod-
ities, medicines, medical supplies, medical instruments,
or medical equipment, 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 ‘‘Cuban Humanitarian
Trade Act of 2001’’.
SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE
FOREIGN ASSISTANCE ACT OF 1961.
Section 620(a)(1) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(a)(1)) is amended by striking the
period at the end of the second sentence and inserting the
following: ‘‘, except that any such embargo shall not apply
with respect to the export of any agricultural commodity,
medicines, medical supplies, medical instruments, or med-
ical equipment, or with respect to travel incident to the
delivery of agricultural commodities, medicines, medical
supplies, medical instruments, or medical equipment. As
used in this paragraph, the terms ‘agricultural commodity’
and ‘medicine’ have the meanings given those terms in sec-
tion 9 of the Cuban Humanitarian Trade Act of 2001.’’.
SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON
TRADE WITH CUBA.
Upon the enactment of this Act, any regulation, proc-
lamation, or provision of law, including Presidential Proc-
lamation 3447 of February 3, 1962, the Export Adminis-
tration Regulations (15 CFR 730 and following), and the
Cuban Assets Control Regulations (31 CFR 515), that
prohibits exports to Cuba or transactions involving exports
to Cuba and that is in effect on the date of the enactment
of this Act, shall not apply with respect to the export to
Cuba of agricultural commodities, medicines, medical sup-
plies, medical instruments, or medical equipment, or with
respect to travel incident to the delivery of agricultural
commodities, medicines, medical supplies, medical instru-
ments, or medical equipment.
SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AU-
THORITY.
After the enactment of this Act, the President may
not restrict the exportation to Cuba of agricultural com-
modities, medicines, medical supplies, medical instru-
ments, or medical equipment—
(1) under the Export Administration Act of
1979, except to the extent such restrictions would be
permitted under section 5 of that Act for goods con-
taining parts or components on which export con-
trols are in effect under that section; or
(2) under section 203 of the International
Emergency Economic Powers Act, except to the ex-
tent the authorities under that section are exercised
to restrict the export of medical instruments or med-
ical equipment to deal with a threat to the national
security of the United States by virtue of the tech-
nology incorporated in such instruments or equip-
ment.
SEC. 5. OTHER PROVISIONS OF LAW; CONFORMING AMEND-
MENTS.
(a) TRADE SANCTIONS REFORM AND EXPORT EN-
HANCEMENT ACT OF 2000.—
(1) INAPPLICABILITY.—The Trade Sanctions
Reform and Export Enhancement Act of 2000 (title
IX of H.R. 5426, as enacted into law by section 1(a)
of Public Law 106–387, and as contained in the ap-
pendix of such Public Law) shall not apply with re-
spect to exports to Cuba of agricultural commodities,
medicines, medical supplies, medical instruments, or
medical equipment.
(2) CONFORMING
AMENDMENTS.—The Trade
Sanctions Reform and Export Enhancement Act of
2000 is amended—
(A) in section 906(a)(1)—
(i) by striking ‘‘to Cuba or’’; and
(ii) by inserting ‘‘(other than Cuba)’’
after ‘‘to the government of a country’’;
(B) in section 908—
(i) by striking subsection (b);
(ii) in subsection (a)—
(I) by striking ‘‘PROHIBITION’’
and all that follows through ‘‘(1) IN
GENERAL.—’’ and inserting ‘‘IN GEN-
ERAL.—’’;
(II) by striking ‘‘for exports to
Cuba or’’;
(III) by striking paragraph (2);
and
(IV) by redesignating paragraph
(3) as subsection (b) (and conforming
the margin accordingly); and
(iii) in subsection (b) (as redesig-
nated), by striking ‘‘paragraph (1)’’ and
inserting ‘‘subsection (a)’’;
(C) by striking section 910; and
(D) by redesignating section 911 as section
910.
(b) SANCTIONS UNDER CUBAN DEMOCRACY ACT OF
1992.—
(1) INAPPLICABILITY.—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 agricultural commodities, medicines,
medical supplies, medical instruments, or medical
equipment to Cuba, or that transport persons whose
travel is incident to the delivery of agricultural com-
modities, medicines, medical supplies, medical in-
struments, or medical equipment to Cuba.
(2) CONFORMING AMENDMENTS.—(A) Section
1705 of the Cuban Democracy Act of 1992 (22
U.S.C. 6004) is amended—
(i) in subsection (b)—
(I) in the subsection caption by strik-
ing ‘‘, DONATIONS’’ and inserting ‘‘, EX-
PORTS’’; and
(II) by striking ‘‘donations of food to
nongovernmental organizations or individ-
uals in Cuba’’ and inserting ‘‘exports of
agricultural commodities to Cuba’’;
(ii) by amending subsection (c) to read as
follows:
‘‘(c) EXPORTS OF MEDICINES AND MEDICAL SUP-
PLIES TO CUBA.—Exports of medicines, medical supplies,
medical instruments, or medical equipment to Cuba shall
not be restricted—
‘‘(1) except to the extent such restrictions
would be permitted—
‘‘(A) under section 5 of the Export Admin-
istration Act of 1979 for goods containing parts
or components on which export controls are in
effect under that section; or
‘‘(B) under clause (A), (B), or (C) of sec-
tion 203(b)(2) of the International Emergency
Economic Powers Act;
‘‘(2) except in a case in which there is a reason-
able likelihood that the item to be exported will be
used for purposes of torture or other human rights
abuses;
‘‘(3) except in a case in which there is a reason-
able likelihood that the item to be exported will be
reexported; and
‘‘(4) except in a case in which the item to be
exported could be used in the production of any bio-
technological product.
Before imposing restrictions under this subsection, the
President shall submit to the Congress a report describing
the restrictions to be imposed and the reasons for the re-
strictions.’’; and
(iii) by striking subsection (d) and redesig-
nating subsections (e), (f), and (g) as sub-
sections (d), (e), and (f), respectively.
(B) Section 1704(b)(2)(C)(i) of the Cuban De-
mocracy Act of 1992 (22 U.S.C. 6003(b)(2)(C)(i)) is
amended to read as follows:
‘‘(i) exports of agricultural commod-
ities to Cuba; or’’.
(C) Section 1704 of the Cuban Democracy Act
of 1992 (22 U.S.C. 6003) is amended by adding at
the end the following:
‘‘(c) DEFINITIONS.—As used in this section and sec-
tion 1705, the terms ‘agricultural commodity’ and ‘medi-
cine’ have the meanings given those terms in section 9
of the Cuban Humanitarian Trade Act of 2001.’’.
SEC. 6. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT
WITH RESPECT TO CUBA.
Subparagraph (A) of section 901(j)(2) of the Internal
Revenue Code of 1986 (relating to denial of foreign tax
credit, etc., with respect to certain foreign countries) is
amended by adding at the end thereof the following new
flush sentence:
‘‘Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba with respect
to income, war profits, or excess profits taxes
paid to Cuba that are attributable to activities
with respect to articles permitted to be exported
to Cuba, or travel incident thereto that is per-
mitted, by virtue of the enactment of the Cuban
Humanitarian Trade Act of 2001. The pre-
ceding sentence shall apply after the date which
is 60 days after the date of the enactment of
this sentence.’’.
SEC. 7. 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 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. 8. INAPPLICABILITY OF OTHER RESTRICTIONS.
This Act and the amendments made by this Act apply
notwithstanding section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6032(h)).
SEC. 9. REPORT TO CONGRESS.
Not later than 6 months after the date of the enact-
ment of this Act, the President shall transmit to the Con-
gress a report that sets forth—
(1) the extent (expressed in volume and dollar
amounts) of sales to Cuba of agricultural commod-
ities, medicines, medical supplies, medical instru-
ments, and medical equipment, since 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, medical supplies, medical instru-
ments, or medical equipment exported to Cuba since
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. 10. DEFINITIONS.
In this Act:
(1) AGRICULTURAL
COMMODITY.—The term
‘‘agricultural commodity’’—
(A) has the meaning given the term in sec-
tion 102 of the Agricultural Trade Act of 1978
(7 U.S.C. 5602); and
(B) includes fertilizer.
(2) 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).
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