text: 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).
target: Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000.
  
  Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba.
  
  Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund.
  
  Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products.
  
  Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba.
  
  Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel.
  
  States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents.
  
  Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer.
feat_title: 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.