I
105TH CONGRESS
1ST SESSION
H. R. 1951
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
JUNE 18, 1997
Mr. TORRES (for himself, Mr. RANGEL, Mr. CAMPBELL, Mr. LEACH, Mr.
PAUL, 
Mrs. 
MORELLA, 
Mr. 
SERRANO, 
Mr. 
MCDERMOTT, 
Ms.
VELA´ZQUEZ, Mr. MOAKLEY, Mr. NADLER, Mr. MCGOVERN, Mr. SHAYS,
Mr. RODRIGUEZ, Ms. ROYBAL-ALLARD, Mr. BOUCHER, Ms. WOOLSEY,
Mr. FAZIO of California, Mr. HALL of Ohio, and Ms. LOFGREN) intro-
duced the following bill; which was referred to the Committee on Inter-
national 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 jurisdic-
tion 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, medi-
cal 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 1997’’.
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 inserting be-
fore the period at the end of the second sentence the fol-
lowing: ‘‘, except that any such embargo shall not apply
with respect to the export of any food, medicines, medical
supplies, medical instruments, or medical equipment, or
with respect to travel incident to the delivery of food,
medicines, medical supplies, medical instruments, or medi-
cal equipment’’.
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 food, medicines, medical supplies, medical instru-
ments, or medical equipment, or with respect to travel in-
cident to the delivery of food, medicines, medical supplies,
medical instruments, 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 food, medicines,
medical supplies, medical instruments, or medical equip-
ment—
(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. CONFORMING AMENDMENTS.
(a) SANCTIONS UNDER CUBAN DEMOCRACY ACT OF
1992.—Section 1705 of the Cuban Democracy Act of
1992 (22 U.S.C. 6004) is amended—
(1) in subsection (b)—
(A) in the subsection caption by striking ‘‘,
DONATIONS’’ and inserting ‘‘, EXPORTS’’; and
(B) by striking ‘‘donations of food to non-
governmental organizations or individuals in
Cuba’’ and inserting ‘‘exports of food to Cuba’’;
(2) by amending subsection (c) to read as fol-
lows:
‘‘(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
(3) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e),
and (f), respectively.
(b) 
INTERNATIONAL
COOPERATION.—Section
1704(b)(2)(C)(i) of the Cuban Democracy Act of 1992 (22
U.S.C. 6003(b)(2)(C)(i)) is amended to read as follows:
‘‘(i) exports of food to Cuba; or’’.
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 1997. The preced-
ing sentence shall apply after the date which is
60 days after the date of the enactment of this
sentence.’’.
SEC. 7. 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. 8. 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 food, medicines, medi-
cal supplies, medical instruments, 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.
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