I 

112TH CONGRESS 

1ST SESSION H. R. 1888 

To facilitate the export of United States agricultural products to Cuba as 

authorized by the Trade Sanctions Reform and Export Enhancement 

Act of 2000, to remove impediments to the export to Cuba of medical 

devices and medicines, to allow travel to Cuba by United States legal 

residents, to establish an agricultural export promotion program with 

respect to Cuba, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2011 

Mr. RANGEL (for himself, Mr. JONES, and Ms. MCCOLLUM) introduced the 

following bill; which was referred to the Committee on Foreign Affairs, 

and in addition to the Committees on Ways and Means, the Judiciary, 

Agriculture, and Financial Services, 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 facilitate the export of United States agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove 

impediments to the export to Cuba of medical devices 

and medicines, to allow travel to Cuba by United States 

legal residents, to establish an agricultural export promotion program with respect to Cuba, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting American 

3 Agricultural and Medical Exports to Cuba Act of 2011’’. 

4 SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE 

5 TRADE SANCTIONS REFORM AND EXPORT EN6 HANCEMENT ACT OF 2000. 

7 Section 908(b)(4) of the Trade Sanctions Reform and 

8 Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) 

9 is amended— 

10 (1) in subparagraph (B), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (C), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(D) the term ‘payment of cash in ad16 vance’ means, notwithstanding any other provi17 sion of law, the payment by the purchaser of an 

18 agricultural commodity or product and the re19 ceipt of such payment by the seller prior to— 

20 ‘‘(i) the transfer of title of such com21 modity or product to the purchaser; and 

22 ‘‘(ii) the release of control of such 

23 commodity or product to the purchaser.’’. 


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1 SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN 

2 CUBAN AND UNITED STATES FINANCIAL IN3 STITUTIONS UNDER THE TRADE SANCTIONS 

4 REFORM AND EXPORT ENHANCEMENT ACT 

5 OF 2000. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the President may not restrict direct transfers 

8 from a Cuban depository institution to a United States 

9 depository institution executed in payment for a product 

10 authorized for sale under the Trade Sanctions Reform and 

11 Export Enhancement Act of 2000 (22 U.S.C. 7201 et 

12 seq.). 

13 (b) DEPOSITORY INSTITUTION DEFINED.—In this 

14 section, the term ‘‘depository institution’’ means any enti15 ty that is engaged primarily in the business of banking 

16 (including a bank, savings bank, savings association, cred17 it union, trust company, or bank holding company). 

18 SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PRO19 MOTION PROGRAM WITH RESPECT TO CUBA. 

20 (a) IN GENERAL.—The Secretary of Agriculture shall 

21 establish a program to provide information and technical 

22 assistance to United States agricultural producers, cooper23 ative organizations, or State agencies that promote the 

24 sale of agricultural commodities, in order to promote and 

25 facilitate United States exports of agricultural products 


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1 to Cuba as authorized by the Trade Sanctions Reform and 

2 Export Enhancement Act of 2000. 

3 (b) TECHNICAL ASSISTANCE TO FACILITATE EX4 PORTS.—The Secretary shall maintain on the Web site of 

5 the Department of Agriculture information to assist ex6 porters and potential exporters of United States agricul7 tural commodities with respect to Cuba. 

8 (c) AUTHORIZATION OF FUNDS.—The Secretary is 

9 authorized to expend such sums as may be available in 

10 the Agricultural Export Promotion Trust Fund estab11 lished under section 9512 of the Internal Revenue Code 

12 of 1986 (as added by section 9(b) of this Act). 

13 SEC. 5. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN 

14 ACCORDANCE WITH THE TRADE SANCTIONS 

15 REFORM AND EXPORT ENHANCEMENT ACT 

16 OF 2000. 

17 (a) ISSUANCE OF VISAS.—Notwithstanding any other 

18 provision of law, in the case of a Cuban national whose 

19 itinerary documents an intent to conduct activities, includ20 ing phytosanitary inspections, related to purchasing 

21 United States agricultural goods under the provisions of 

22 the Trade Sanctions Reform and Export Enhancement 

23 Act of 2000, a consular officer (as defined in section 

24 101(a)(9) of the Immigration and Nationality Act (8 

25 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa under 


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1 section 101(a)(15)(B) of such Act (8 U.S.C. 

2 1101(a)(15)(B)) to the national, if the national is not in3 admissible to the United States under section 212 of such 

4 Act (8 U.S.C. 1182). 

5 (b) PERIODIC REPORTS.— 

6 (1) IN GENERAL.—Not later than 45 days after 

7 the date of enactment of this Act and every 3 

8 months thereafter the Secretary of State shall sub9 mit to the Committees on Finance, Agriculture, Nu10 trition, and Forestry, and Foreign Relations of the 

11 Senate and the Committees on Agriculture, Ways 

12 and Means, and Foreign Affairs of the House of 

13 Representatives a report on the issuance of visas de14 scribed in subsection (a). 

15 (2) CONTENT OF REPORTS.—Each report shall 

16 contain a full description of each application received 

17 from a Cuban national to travel to the United States 

18 to engage in purchasing activities pursuant to the 

19 Trade Sanctions Reform and Export Enhancement 

20 Act of 2000 and shall describe the disposition of 

21 each such application. 


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1 SEC. 6. ADHERENCE TO INTERNATIONAL AGREEMENTS 

2 FOR THE MUTUAL PROTECTION OF INTEL3 LECTUAL PROPERTY. 

4 (a) REPEAL OF PROHIBITION ON TRANSACTIONS OR

5 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

6 INTELLECTUAL PROPERTY.—Section 211 of the Depart7 ment of Commerce and Related Agencies Appropriations 

8 Act, 1999 (section 101(b) of division A of Public Law 

9 105–277; 112 Stat. 2681–88), is repealed. 

10 (b) REGULATIONS.—The Secretary of the Treasury 

11 shall promulgate such regulations as are necessary to 

12 carry out the repeal made by subsection (a), including re13 moving any prohibition on transactions or payments to 

14 which subsection (a)(1) of section 211 of the Department 

15 of Commerce and Related Agencies Appropriations Act, 

16 1999 (as such section was in effect on the day before the 

17 date of the enactment of this Act), applied. 

18 (c) FURTHER REGULATIONS.— 

19 (1) IN GENERAL.—The Secretary of the Treas20 ury shall amend part 515 of title 31, Code of Fed21 eral Regulations (the Cuban assets control regula22 tions), to authorize under general license the trans23 fer or receipt of any trademark or trade name sub24 ject to United States law in which a designated na25 tional has an interest. 


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1 (2) DESIGNATED NATIONAL DEFINED.—In this 

2 subsection, the term ‘‘designated national’’ has the 

3 meaning given the term in subsection (d)(1) of sec4 tion 211 of the Department of Commerce and Re5 lated Agencies Appropriations Act, 1999 (as such 

6 section was in effect on the day before the date of 

7 the enactment of this Act). 

8 SEC. 7. TRAVEL TO CUBA. 

9 (a) FREEDOM OF TRAVEL FOR UNITED STATES CITI10 ZENS AND LEGAL RESIDENTS.—Subject to subsection (c), 

11 the President shall not regulate or prohibit, directly or in12 directly, travel to or from Cuba by United States citizens 

13 or legal residents, or any of the transactions incident to 

14 such travel that are set forth in subsection (b). The Presi15 dent shall rescind all regulations in effect on the date of 

16 the enactment of this Act that so regulate or prohibit such 

17 travel or transactions. 

18 (b) TRANSACTIONS INCIDENT TO TRAVEL.—The 

19 transactions referred to in subsection (a) are— 

20 (1) any transactions ordinarily incident to trav21 el to or from Cuba, including the importation into 

22 Cuba or the United States of accompanied baggage 

23 for personal use only; 

24 (2) any transactions ordinarily incident to trav25 el or maintenance within Cuba, including the payVerDate Mar 15 2010 00:32 May 24, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1888.IH H1888

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1 ment of living expenses and the acquisition of goods 

2 or services for personal use; 

3 (3) any transactions ordinarily incident to the 

4 arrangement, promotion, or facilitation of travel to, 

5 from, or within Cuba; 

6 (4) any transactions incident to nonscheduled 

7 air, sea, or land voyages, except that this paragraph 

8 does not authorize the carriage of articles into Cuba 

9 or the United States except accompanied baggage; 

10 and 

11 (5) normal banking transactions incident to the 

12 activities described in the preceding provisions of 

13 this subsection, including the issuance, clearing, 

14 processing, or payment of checks, drafts, travelers 

15 checks, credit or debit card instruments, or similar 

16 instruments; 

17 except that this section does not authorize the importation 

18 into the United States of any goods for personal consump19 tion acquired in Cuba. 

20 (c) EXCEPTION.—The restrictions on authority con21 tained in subsection (a) do not apply in a case in which 

22 the United States is at war with Cuba, armed hostilities 

23 between the two countries are in progress, or there is im24 minent danger to the public health or the physical safety 

25 of United States citizens or legal residents. 


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1 (d) APPLICABILITY.—This section applies to actions 

2 taken by the President before the date of the enactment 

3 of this Act which are in effect on such date of enactment, 

4 and to actions taken on or after such date of enactment. 

5 (e) INAPPLICABILITY OF OTHER PROVISIONS.—This 

6 section applies notwithstanding section 102(h) of the 

7 Cuban Liberty and Democratic Solidarity (LIBERTAD) 

8 Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of 

9 the Trade Sanctions Reform and Export Enhancement 

10 Act of 2000 (22 U.S.C. 7209(b)). 

11 SEC. 8. EXPORT OF MEDICINES AND MEDICAL DEVICES TO 

12 CUBA. 

13 (a) REPEAL OF REQUIREMENT FOR ONSITE

14 VERIFICATIONS.—Section 1705 of the Cuban Democracy 

15 Act of 1992 (22 U.S.C. 6004) is amended by striking sub16 section (d). 

17 (b) RULE OF CONSTRUCTION.—Nothing in the 

18 amendment made by subsection (a) shall be construed to 

19 restrict the authority of the President to— 

20 (1) impose export controls with respect to the 

21 export of medicines or medical devices under sec22 tions 5 or 6 of the Export Administration Act of 

23 1979; or 

24 (2) exercise the authorities the President has 

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1 ers Act with respect to Cuba pursuant to a declara2 tion of national emergency required by that Act that 

3 is made on account of an unusual and extraordinary 

4 threat, that did not exist before the enactment of 

5 this Act, to the national security, foreign policy, or 

6 economy of the United States. 

7 SEC. 9. INCREASE IN AIRPORT TICKET TAX FOR TRANSPOR8 TATION BETWEEN UNITED STATES AND 

9 CUBA; ESTABLISHMENT OF AGRICULTURAL 

10 EXPORT PROMOTION TRUST FUND. 

11 (a) INCREASE IN TICKET TAX.—Subsection (c) of 

12 section 4261 of the Internal Revenue Code of 1986 (relat13 ing to use of international travel facilities) is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(4) SPECIAL RULE FOR CUBA.—In any case in 

16 which the tax imposed by paragraph (1) applies to 

17 transportation beginning or ending in Cuba before 

18 January 1, 2013, such tax shall be increased by 

19 $1.00.’’. 

20 (b) AGRICULTURAL EXPORT PROMOTION TRUST

21 FUND.— 

22 (1) IN GENERAL.—Subchapter A of chapter 98 

23 of the Internal Revenue Code of 1986 (relating to 

24 establishment of trust funds) is amended by adding 

25 at the end the following new section: 


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1 ‘‘SEC. 9512. AGRICULTURAL EXPORT PROMOTION TRUST 

2 FUND. 

3 ‘‘(a) CREATION OF TRUST FUND.—There is estab4 lished in the Treasury of the United States a trust fund 

5 to be known as the ‘Agricultural Export Promotion Trust 

6 Fund’, consisting of such amounts as may be appropriated 

7 or credited to such fund as provided in this section or sec8 tion 9602(b). 

9 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here10 by appropriated to the Agricultural Export Promotion 

11 Trust Fund amounts equivalent to the taxes received in 

12 the Treasury by reason of section 4261(c)(4). 

13 ‘‘(c) EXPENDITURES.—Amounts in the Agricultural 

14 Export Promotion Trust Fund shall be available, as pro15 vided by appropriation Acts, for making expenditures to 

16 the Office of the Secretary of Agriculture for the purposes 

17 set out in section 4 of the Promoting American Agricul18 tural and Medical Exports to Cuba Act of 2011.’’. 

19 (2) CONFORMING AMENDMENT.—Subparagraph 

20 (B) of section 9502(b)(1) of such Code is amended 

21 by inserting ‘‘(other than by reason of subsection 

22 (c)(4) thereof)’’ after ‘‘sections 4261’’. 

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions for subchapter A of chapter 98 of such Code 


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1 is amended by adding at the end the following new 

2 item: 

‘‘Sec. 9512. Agricultural Export Promotion Trust Fund.’’. 

3 (c) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply to transportation beginning 

5 after the 90-day period beginning on the date of the enact6 ment of this Act, except that such amendment shall not 

7 apply to amounts paid before the end of such period. 

Æ 


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