I 

115TH CONGRESS 

1ST SESSION H. R. 572 

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 

JANUARY 13, 2017 

Mr. SERRANO 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 2017’’. 

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 

26 to Cuba as authorized by the Trade Sanctions Reform and 


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

2 seq.). 

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 (22 U.S.C. 7201 et seq.), a consular officer 

24 (as defined in section 101(a)(9) of the Immigration and 

25 Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonVerDate Sep 11 2014 21:15 Jan 27, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H572.IH H572

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1 immigrant visa under section 101(a)(15)(B) of such Act 

2 (8 U.S.C. 1101(a)(15)(B)) to the national, if the national 

3 is not inadmissible to the United States under section 212 

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

5 (b) PERIODIC REPORTS.— 

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

7 the date of the enactment of this Act, and every 3 

8 months thereafter, the Secretary of State shall sub9 mit to the appropriate congressional committees a 

10 report on the issuance of visas described in sub11 section (a). 

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

13 contain a full description of each application received 

14 from a Cuban national to travel to the United States 

15 to engage in purchasing activities pursuant to the 

16 Trade Sanctions Reform and Export Enhancement 

17 Act of 2000 (22 U.S.C. 7201 et seq.) and shall de18 scribe the disposition of each such application. 

19 (3) DEFINITION.—In this subsection, the term 

20 ‘‘appropriate congressional committees’’ means— 

21 (A) the Committee on Finance, the Com22 mittee on Agriculture, Nutrition, and Forestry, 

23 and the Committee on Foreign Relations of the 

24 Senate; and 


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1 (B) the Committee on Agriculture, the 

2 Committee on Ways and Means, and the Com3 mittee on Foreign Affairs of the House of Rep4 resentatives. 

5 SEC. 6. ADHERENCE TO INTERNATIONAL AGREEMENTS 

6 FOR THE MUTUAL PROTECTION OF INTEL7 LECTUAL PROPERTY. 

8 (a) REPEAL OF PROHIBITION ON TRANSACTIONS OR

9 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

10 INTELLECTUAL PROPERTY.—Section 211 of the Depart11 ment of Commerce and Related Agencies Appropriations 

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

13 105–277; 112 Stat. 2681–88), is repealed. 

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

15 shall promulgate such regulations as are necessary to 

16 carry out the repeal made by subsection (a), including re17 moving any prohibition on transactions or payments to 

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

19 of Commerce and Related Agencies Appropriations Act, 

20 1999 (as such section was in effect on the day before the 

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

22 (c) FURTHER REGULATIONS.— 

23 (1) IN GENERAL.—The Secretary of the Treas24 ury shall amend part 515 of title 31, Code of Fed25 eral Regulations (the Cuban assets control regulaVerDate Sep 11 2014 21:15 Jan 27, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H572.IH H572

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1 tions), to authorize under general license the trans2 fer or receipt of any trademark or trade name sub3 ject to United States law in which a designated na4 tional has an interest. 

5 (2) DESIGNATED NATIONAL DEFINED.—In this 

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

7 meaning given the term in subsection (d)(1) of sec8 tion 211 of the Department of Commerce and Re9 lated Agencies Appropriations Act, 1999 (as such 

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

11 the enactment of this Act). 

12 SEC. 7. TRAVEL TO CUBA. 

13 (a) FREEDOM OF TRAVEL FOR UNITED STATES CITI14 ZENS AND LEGAL RESIDENTS.—Subject to subsection (c), 

15 travel to and from Cuba by individuals who are citizens 

16 or residents of the United States, and any transactions 

17 incident to such travel as specified in subsection (b), may 

18 not be regulated or prohibited if such travel would be law19 ful in the United States. The President shall rescind all 

20 regulations in effect on the date of the enactment of this 

21 Act that so regulate or prohibit such travel or trans22 actions. 

23 (b) TRANSACTIONS INCIDENT TO TRAVEL.—The 

24 transactions referred to in subsection (a) include, but are 

25 not limited to— 


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1 (1) any transactions ordinarily incident to trav2 el to or from Cuba, including the importation into 

3 Cuba or the United States of accompanied baggage 

4 for personal use only; 

5 (2) any transactions ordinarily incident to trav6 el or maintenance within Cuba, including the pay7 ment of living expenses and the acquisition of goods 

8 or services for personal use; 

9 (3) any transactions ordinarily incident to the 

10 arrangement, promotion, or facilitation of travel to, 

11 from, or within Cuba; 

12 (4) any transactions incident to nonscheduled 

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

14 does not authorize the carriage of articles into Cuba 

15 or the United States except accompanied baggage; 

16 and 

17 (5) normal banking transactions incident to the 

18 activities described in the preceding provisions of 

19 this subsection, including the issuance, clearing, 

20 processing, or payment of checks, drafts, travelers 

21 checks, credit or debit card instruments, or similar 

22 instruments. 

23 (c) EXCEPTION.—The restrictions on authority con24 tained in subsection (a) do not apply in a case in which 

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


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1 between the two countries are in progress, or there is im2 minent danger to the public health or the physical safety 

3 of United States citizens or legal residents. 

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

5 taken by the President before the date of the enactment 

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

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

8 (e) INAPPLICABILITY OF OTHER PROVISIONS.—This 

9 section applies notwithstanding section 102(h) of the 

10 Cuban Liberty and Democratic Solidarity (LIBERTAD) 

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

12 the Trade Sanctions Reform and Export Enhancement 

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

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

15 CUBA. 

16 (a) REPEAL OF REQUIREMENT FOR ONSITE

17 VERIFICATIONS.—Section 1705 of the Cuban Democracy 

18 Act of 1992 (22 U.S.C. 6004) is amended by striking sub19 section (d). 

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

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

22 restrict the authority of the President to— 

23 (1) impose export controls with respect to the 

24 export of medicines or medical devices under sec25 tions 5 or 6 of the Export Administration Act of 


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1 1979 (as continued in effect pursuant to the Inter2 national Emergency Economic Powers Act); or 

3 (2) exercise the authorities the President has 

4 under the International Emergency Economic Pow5 ers Act with respect to Cuba pursuant to a declara6 tion of national emergency required by that Act that 

7 is made on account of an unusual and extraordinary 

8 threat, that did not exist before the date of the en9 actment of this Act, to the national security, foreign 

10 policy, or economy of the United States. 

11 SEC. 9. INCREASE IN AIRPORT TICKET TAX FOR TRANSPOR12 TATION BETWEEN UNITED STATES AND 

13 CUBA; ESTABLISHMENT OF AGRICULTURAL 

14 EXPORT PROMOTION TRUST FUND. 

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

16 section 4261 of the Internal Revenue Code of 1986 (relat17 ing to use of international travel facilities) is amended by 

18 adding at the end the following new paragraph: 

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

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

21 transportation beginning or ending in Cuba before 

22 January 1, 2019, such tax shall be increased by 

23 $1.00.’’. 

24 (b) AGRICULTURAL EXPORT PROMOTION TRUST

25 FUND.— 


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

2 of the Internal Revenue Code of 1986 (relating to 

3 establishment of trust funds) is amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 9512. AGRICULTURAL EXPORT PROMOTION TRUST 

6 FUND. 

7 ‘‘(a) CREATION OF TRUST FUND.—There is estab8 lished in the Treasury of the United States a trust fund 

9 to be known as the ‘Agricultural Export Promotion Trust 

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

11 or credited to such fund as provided in this section or sec12 tion 9602(b). 

13 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here14 by appropriated to the Agricultural Export Promotion 

15 Trust Fund amounts equivalent to the taxes received in 

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

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

18 Export Promotion Trust Fund shall be available, as pro19 vided by appropriation Acts, for making expenditures to 

20 the Office of the Secretary of Agriculture for the purposes 

21 set out in section 4 of the Promoting American Agricul22 tural and Medical Exports to Cuba Act of 2017.’’. 

23 (2) CONFORMING AMENDMENT.—Subparagraph 

24 (c) of section 9502(b)(1) of such Code is amended 


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

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

3 (3) CLERICAL AMENDMENT.—The table of sec4 tions for subchapter A of chapter 98 of such Code 

5 is amended by adding at the end the following new 

6 item: 

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

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

8 subsection (a) shall apply to transportation beginning 

9 after the 90-day period beginning on the date of the enact10 ment of this Act, except that such amendment shall not 

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

Æ 


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