SA 3660. Mr. BAUCUS (for himself and Mr. Crapo) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III, insert the following:
SEC. 3__. AGRICULTURAL SUPPLY.
(a) In General.--Section 902(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) AGRICULTURAL SUPPLY.--The term `agricultural supply' includes--
``(A) agricultural commodities; and
``(B)(i) agriculture-related processing equipment;
``(ii) agriculture-related machinery; and
``(iii) other capital goods related to the storage or handling of agricultural commodities or products.''.
(b) Conforming Amendments.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended--
(1) by striking ``agricultural commodities'' each place it appears and inserting ``agricultural supplies'';
(2) in section 904(2), by striking ``agricultural commodity'' and inserting ``agricultural supply''; and
(3) in section 910(a), in the subsection heading, by striking ``Agricultural Commodities'' and inserting ``Agricultural Supplies''.
SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.
Section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(2) striking ``(1) IN GENERAL.--No United States person'' and inserting the following:
``(1) PROHIBITION.--
``(A) IN GENERAL.--No United States person''; and
(3) in the undesignated matter following clause (ii) (as redesignated by paragraph (1)), by striking ``Nothing in this paragraph'' and inserting the following:
``(B) DEFINITION OF PAYMENT OF CASH IN ADVANCE.--Notwithstanding any other provision of law, for purposes of this paragraph, the term `payment of cash in advance' means only that payment must be received by the seller of an agricultural supply to Cuba or any person in Cuba before surrendering physical possession of the agricultural supply.
``(C) REGULATIONS.--The Secretary of the Treasury shall publish in the Federal Register a description of the contents of this section as a clarification of the regulations of the Secretary regarding sales under this title to Cuba.
``(D) CLARIFICATION.--Nothing in this paragraph''.
SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS WITH CUBA.
Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding at the end the following:
``(c) General License Authority for Travel-Related Expenditures in Cuba by Persons Engaging in TSREEA-Authorized Sales and Marketing Activities.--
``(1) DEFINITION OF SALES AND MARKETING ACTIVITY.--
``(A) IN GENERAL.--In this subsection, the term `sales and marketing activity' means any activity with respect to travel to, from, or within Cuba that is undertaken by United States persons--
``(i) to explore the market in Cuba for products authorized under this title; or
``(ii) to engage in sales activities with respect to such products.
``(B) INCLUSION.--The term `sales and marketing activity' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products authorized under this title.
``(2) AUTHORIZATION.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations (as in effect on June 1, 2007), for travel to, from, or within Cuba in connection with sales and marketing activities involving products approved for sale under this title.
``(3) AUTHORIZED PERSONS.--Persons authorized to travel to Cuba under paragraph (2) shall include--
``(A) producers of products authorized under this title;
``(B) distributors of such products; and
``(C) representatives of trade organizations that promote the interests of producers and distributors of such products.
``(4) REGULATIONS.--The Secretary of the Treasury shall promulgate such rules and regulations as are necessary to carry out this subsection.''.
SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.
The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended--
(1) by redesignating section 911 (22 U.S.C. 7201 note; Public Law 106-387) as section 912; and
(2) by inserting after section 910 (22 U.S.C. 7209) the following:
``SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.
``Notwithstanding any other provision of law (including regulations), the President shall not restrict direct transfers from Cuban to United States financial institutions executed in payment for products authorized by this Act.''.
SEC. 3__. SENSE OF CONGRESS THAT PROSPECTIVE PURCHASERS OF TSREEA PRODUCTS SHOULD BE ISSUED VISAS TO ENTER THE UNITED STATES.
(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 of Cuban nationals who demonstrate a full itinerary of purchasing activities relating to the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) while in the United States.
(b) Periodic Reports.--Not later than 45 days after the date of enactment of this Act and every 90 days thereafter, the Secretary of State shall submit to the Committees on Agriculture, Foreign Affairs, and Ways and Means of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry, Finance, and Foreign Relations of the Senate a report that describes any actions of the Secretary relating to this section, including--
(1) a full description of each application received from a Cuban national to travel to the United States to engage in purchasing activities described in subsection (a); and
(2) a description of the disposition of each such application.


(As printed in the Congressional Record for the Senate on Nov 14, 2007.)