[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.
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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).
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