The bill, H.R. 1951, has been introduced by Esteban Torres (D-CA) under the title, "The Cuban Humanitarian Relief Act." As of the time of introduction, it was co-sponsored by Jim Leach (R-Iowa), Tom Campbell (R-CA), Ron Paul (R-TX), Constance Morella (R-MD), Charles Rangel (D-NY), Nydia Velaz (D-NY), Jerrold Nadler (D-NY), Jose Serrano (D-NY), Joe Moakley (D-MA), James McGovern (D-MA), James McDermott (D-WA).
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On Line Petition in Support of HR 1951Dear Pres. Clinton, Secretary of State Albright and Congressmember __
I am writing to wish to express my concern, and displeasure, with the course of our policy on Cuba.
Despite the claim that this policy of isolation and embargo is intended to bring about democracy in Cuba through a change in leadership, the net result has been to greatly increase the suffering of the Cuban people. Nowhere is this result more evident than in the field of health care. (See the report published by the American Association for World Health entitled "Denial of Food and Medicine. The Impact of the U.S. Embargo on Health and Nutrition in Cuba. March 1997.")
This embargo, unprecedented in its aim of withholding food and medicine from a whole population, is clearly rejected by all of the civilized world, leaving the United States government as "odd man out."
The recent frenzy on the part of the Congress to intensify even the harshest aspects of the Helms-Burton Act, rather than softening those provisions as promised to the European Union, only thrusts the United States further into the role of a global bully.
We urge you to begin to draw back from a path of irreversible conflict, not only with our neighbor nation, but with our chief allies, by rescinding all restrictions on supplying/selling food and medicine to Cuba. The passage of bill, H.R. 1951 to exempt food and medicine from the embargo will be a good first step to ending a long, futile and cruel policy -- the embargo itself.
Very truly yours,
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Cuban Humanitarian Trade Act of 1997 (Introduced in the House)
HR 1951 IH
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. VELAZQUEZ, 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) 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
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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.
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 `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 before the period at the end of
the second sentence the following: `, 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 medical equipment'.
SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON TRADE WITH CUBA .
Upon the enactment of this Act, any regulation, proclamation, or
provision of law, including Presidential Proclamation 3447 of February
3, 1962, the Export Administration 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 instruments, or medical equipment, or with
respect to travel incident to the delivery of food, medicines, medical
supplies, medical instruments, or medical equipment.
SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AUTHORITY.
After the enactment of this Act, the President may not restrict the
exportation to Cuba of food, medicines, medical supplies, medical
instruments, 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 containing parts or components on which export
controls are in effect under that section; or
(2) under section 203 of the International Emergency Economic
Powers Act, except to the extent the authorities under that
section are exercised to restrict the export of medical
instruments or medical equipment to deal with a threat to the
national security of the United States by virtue of the
technology incorporated in such instruments or equipment.
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 nongovernmental
organizations or individuals in Cuba ' and inserting
`exports of food to Cuba ';
(2) by amending subsection (c) to read as follows:
`(c) EXPORTS OF MEDICINES AND MEDICAL SUPPLIES 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 Administration 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 section 203(b)(2) of
the International Emergency Economic Powers Act;
`(2) except in a case in which there is a reasonable 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 reasonable 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 biotechnological 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 restrictions.'; 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
permitted, by virtue of the enactment of the Cuban
Humanitarian Trade Act of 1997. The preceding 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 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 food, medicines, medical 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 instruments, 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 biotechnological
product.
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