Travel Restriction Reform and Export Enhancement Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Travel Restriction Reform and Export Enhancement Act - Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or lawful permanent residents or any transactions incident to such travel.

States that: (1) any regulation restricting or prohibiting such Cuban 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.

Makes such provisions applicable notwithstanding specified sections of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and the Trade Sanctions Reform and Export Enhancement Act of 2000.

Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to define "payment of cash in advance" as the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to: (1) the transfer of title of such commodity or product to the purchaser; and (2) the release of control of such commodity or product to the purchaser.

Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4645 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4645

   To remove obstacles to legal sales of United States agricultural 
commodities to Cuba and to end travel restrictions on all Americans to 
                                 Cuba.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2010

   Mr. Peterson (for himself, Mr. Moran of Kansas, Ms. DeLauro, Mrs. 
Emerson, Mr. Delahunt, Mr. Flake, Mr. McGovern, Mr. Berman, Mr. Berry, 
  Ms. Eddie Bernice Johnson of Texas, Mr. Childers, Mr. Minnick, Mr. 
  Boswell, Ms. Herseth Sandlin, Mr. Scott of Georgia, Mr. Massa, Mr. 
Bright, Mr. Ellsworth, Mr. Holden, Mr. Kagen, Mr. Snyder, Mr. Pomeroy, 
 Mr. Kind, Mr. Davis of Tennessee, Mr. Boustany, Mr. Costa, Mr. Bishop 
of Georgia, Mr. Ross, Mr. Tanner, Mr. Johnson of Illinois, Mr. Ryan of 
 Ohio, Mr. Hinchey, Ms. Lee of California, and Mr. Boucher) introduced 
  the following bill; which was referred to the Committee on Foreign 
Affairs, and in addition to the Committees on 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 remove obstacles to legal sales of United States agricultural 
commodities to Cuba and to end travel restrictions on all Americans to 
                                 Cuba.

    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 ``Travel Restriction Reform and Export 
Enhancement Act''.

SEC. 2. TRAVEL TO CUBA.

    (a) In General.--On and after the date of the enactment of this 
Act, 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 
        lawful permanent residents, or any of the transactions incident 
        to such travel; and
            (2) any regulation in effect on such date of enactment that 
        regulates or prohibits travel to or from Cuba by United States 
        citizens or lawful permanent residents or transactions incident 
        to such travel shall cease to have any force or effect.
    (b) Exceptions.--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 travelers.
    (c) Applicability.--This section applies to actions taken by the 
President before the date of the enactment of this Act that are in 
effect on such date of enactment, and to actions taken on or after such 
date.
    (d) Inapplicability of Other Provisions.--The provisions of this 
section apply 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. 7210(b)).

SEC. 3. 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. 4. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED 
              STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS 
              REFORM AND EXPORT ENHANCEMENT ACT OF 2000.

    Notwithstanding any other provision of law, the President may not 
restrict direct transfers from a Cuban financial institution to a 
United States financial institution executed in payment for a product 
authorized for sale under the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
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