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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1089 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1089

To facilitate the export of United States agricultural commodities and 
products to Cuba as authorized by the Trade Sanctions Reform and Export 
Enhancement Act of 2000, to establish an agricultural export promotion 
 program with respect to Cuba, to remove impediments to the export to 
   Cuba of medical devices and medicines, to allow travel to Cuba by 
      United States citizens and legal residents, to establish an 
  agricultural export promotion program with respect to Cuba, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

  Mr. Baucus (for himself, Mr. Crapo, Ms. Cantwell, Mr. Roberts, Ms. 
  Landrieu, Mr. Bingaman, Mrs. Lincoln, Mr. Harkin, Mrs. Murray, Mr. 
 Pryor, Mr. Bond, Mr. Johnson, Mr. Dorgan, Mr. Wyden, Mr. Lugar, Mrs. 
McCaskill, and Mr. Enzi) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To facilitate the export of United States agricultural commodities and 
products to Cuba as authorized by the Trade Sanctions Reform and Export 
Enhancement Act of 2000, to establish an agricultural export promotion 
 program with respect to Cuba, to remove impediments to the export to 
   Cuba of medical devices and medicines, to allow travel to Cuba by 
      United States citizens and legal residents, to establish an 
  agricultural export promotion program with respect to Cuba, 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 ``Promoting American Agricultural and 
Medical Exports to Cuba Act of 2009''.

SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM 
              AND EXPORT ENHANCEMENT ACT OF 2000.

    Section 908(b)(4) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the term `payment of cash in advance' means, 
                notwithstanding any other provision of law, the payment 
                by the purchaser of an agricultural commodity or 
                product and the receipt of such payment by the seller 
                prior to--
                            ``(i) the transfer of title of such 
                        commodity or product to the purchaser; and
                            ``(ii) the release of control of such 
                        commodity or product to the purchaser.''.

SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED 
              STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS 
              REFORM AND EXPORT ENHANCEMENT ACT OF 2000.

    (a) In General.--Notwithstanding any other provision of law 
(including section 908(b)(1)(B) of the Trade Sanctions and Export 
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may 
not restrict direct transfers from a Cuban depository institution to a 
United States depository institution executed in payment for an 
agricultural commodity or product authorized for sale under the Trade 
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et 
seq.).
    (b) Depository Institution Defined.--In this section, the term 
``depository institution'' means any entity that is engaged primarily 
in the business of banking (including a bank, savings bank, savings 
association, credit union, trust company, or bank holding company).

SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH 
              RESPECT TO CUBA.

    (a) In General.--The Secretary of Agriculture shall establish a 
program to provide information and technical assistance to United 
States agricultural producers, cooperative organizations, and State 
agencies that promote the sale of agricultural commodities or products, 
in order to promote and facilitate exports of United States 
agricultural commodities or products to Cuba as authorized by the Trade 
Sanctions Reform and Export Enhancement Act of 2000.
    (b) Technical Assistance To Facilitate Exports.--The Secretary of 
Agriculture shall maintain on the website of the Department of 
Agriculture information to assist exporters and potential exporters of 
United States agricultural commodities or products with respect to 
Cuba.
    (c) Authorization of Funds.--The Secretary of Agriculture is 
authorized to expend such sums as may be available in the Agricultural 
Export Promotion Trust Fund established under section 9511 of the 
Internal Revenue Code of 1986 (as added by section 5(b) of this Act).

SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN 
              UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL 
              EXPORT PROMOTION TRUST FUND.

    (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the 
Internal Revenue Code of 1986 (relating to use of international travel 
facilities) is amended by adding at the end the following new 
paragraph:
            ``(4) Special rule for cuba.--In any case in which the tax 
        imposed by paragraph (1) applies to transportation beginning or 
        ending in Cuba before January 1, 2016, such tax shall be 
        increased by $1.00.''.
    (b) Agricultural Export Promotion Trust Fund.--
            (1) In general.--Subchapter A of chapter 98 of the Internal 
        Revenue Code of 1986 (relating to establishment of trust funds) 
        is amended by adding at the end the following new section:

``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Agricultural 
Export Promotion Trust Fund', consisting of such amounts as may be 
appropriated or credited to such fund as provided in this section or 
section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Agricultural Export Promotion Trust Fund amounts equivalent to the 
increase in taxes received in the Treasury by reason of section 
4261(c)(4).
    ``(c) Expenditures.--Amounts in the Agricultural Export Promotion 
Trust Fund shall be available, as provided by appropriation Acts, for 
making expenditures to the Office of the Secretary of Agriculture for 
the purposes set out in section 4 of the Promoting American 
Agricultural and Medical Exports to Cuba Act of 2009.''.
            (2) Conforming amendment.--Subparagraph (B) of section 
        9502(b)(1) of such Code is amended by inserting ``(other than 
        by reason of subsection (c)(4) thereof)'' after ``sections 
        4261''.
            (3) Clerical amendment.--The table of sections for 
        subchapter A of chapter 98 of such Code is amended by adding at 
        the end the following new item:

``Sec. 9511. Agricultural Export Promotion Trust Fund.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to transportation beginning after the 90-day period beginning on 
the date of the enactment of this Act, except that such amendment shall 
not apply to amounts paid before the end of such period.

SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should issue visas for temporary entry into the 
United States to nationals of Cuba whose itinerary documents an intent 
to conduct activities, including phytosanitary inspections, relating to 
the purchase of United States agricultural commodities or products 
pursuant to the provisions of the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
    (b) Periodic Reports.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State shall submit to the Committee on Finance, 
        the Committee on Agriculture, Nutrition, and Forestry, and the 
        Committee on Foreign Relations of the Senate, and the Committee 
        on Agriculture, the Committee on Ways and Means, and the 
        Committee on Foreign Affairs of the House of Representatives a 
        report on the issuance of visas described in subsection (a).
            (2) Content of reports.--Each report under paragraph (1) 
        shall contain a full description of each application received 
        from a national of Cuba for a visa to travel to the United 
        States to engage in purchasing activities pursuant to the 
        provisions of the Trade Sanctions Reform and Export Enhancement 
        Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the 
        disposition of each such application.

SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.

    (a) Repeal of Requirement for Onsite Verifications.--Section 1705 
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by 
striking subsection (d).
    (b) Rule of Construction.--Nothing in the amendment made by 
subsection (a) shall be construed to restrict the authority of the 
President to--
            (1) impose export controls with respect to the export of 
        medicines or medical devices under sections 5 or 6 of the 
        Export Administration Act of 1979 (as in effect pursuant to the 
        International Emergency Economic Powers Act (50 U.S.C. App. 
        2404 or 2405)); or
            (2) exercise the authority the President has under the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.) with respect to Cuba pursuant to a declaration of 
        national emergency required by that Act that is made on account 
        of an unusual and extraordinary threat, that did not exist 
        before the enactment of this Act, to the national security, 
        foreign policy, or economy of the United States.

SEC. 8. TRAVEL TO CUBA.

    (a) Freedom of Travel for United States Citizens and Legal 
Residents.--Notwithstanding section 102(h) of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and 
section 910(b) of the Trade Sanctions Reform and Export Enhancement Act 
of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--
            (1) the President may not regulate or prohibit, directly or 
        indirectly, travel to or from Cuba by United States citizens or 
        legal residents, or any of the transactions incident to such 
        travel; and
            (2) any regulation in effect on the date of the enactment 
        of this Act that regulates or prohibits travel to or from Cuba 
        by United States citizens or legal residents or transactions 
        incident to such travel shall cease to have any force or 
        effect.
    (b) Exception.--The restrictions on authority contained in 
subsection (a) shall not apply in a case in which the United States is 
at war with Cuba, armed hostilities between the two countries are in 
progress, or there is imminent danger to the public health or the 
physical safety of United States citizens or legal residents.
    (c) Applicability.--This section applies to actions taken by the 
President--
            (1) on or after the date of the enactment of this Act; or
            (2) before the date of the enactment of this Act which are 
        in effect on such date of enactment.

SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION 
              OF INTELLECTUAL PROPERTY.

    (a) Repeal of Prohibition on Transactions or Payments With Respect 
to Certain United States Intellectual Property.--Section 211 of the 
Department of Commerce and Related Agencies Appropriations Act, 1999 
(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) 
is repealed.
    (b) Regulations.--The Secretary of the Treasury shall promulgate 
such regulations as are necessary to carry out the repeal made by 
subsection (a), including removing any prohibition on transactions or 
payments to which subsection (a)(1) of section 211 of the Department of 
Commerce and Related Agencies Appropriations Act, 1999 (as such section 
was in effect on the day before the date of the enactment of this Act) 
applied.
    (c) Further Regulations.--
            (1) In general.--The Secretary of the Treasury shall amend 
        part 515 of title 31, Code of Federal Regulations (commonly 
        referred to as the ``Cuban Assets Control Regulations''), to 
        authorize under general license the transfer or receipt of any 
        trademark or trade name subject to United States law in which a 
        designated national has an interest.
            (2) Designated national defined.--In this subsection, the 
        term ``designated national'' has the meaning given the term in 
        subsection (d)(1) of section 211 of the Department of Commerce 
        and Related Agencies Appropriations Act, 1999 (as such section 
        was in effect on the day before the date of the enactment of 
        this Act).
                                 <all>
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