[Congressional Record Volume 153, Number 101 (Thursday, June 21, 2007)]
[Senate]
[Page S8234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself, Mr. Crapo, Mr. Bingaman, Ms. 
        Cantwell, Mrs. Lincoln, Ms. Stabenow, Mr. Wyden, Mr. Harkin, 
        Ms. Landrieu, Mr. Roberts, Mr. Dorgan, Mr. Enzi, and Mr. 
        Pryor):
  S. 1673. A bill to facilitate the export of United States 
agricultural products to Cuba as authorized by the Trade Sanctions 
Reform and Export Enhancement Act of 2000, to remove impediments to the 
export to Cuba of medical devices and medicines, to allow travel to 
Cuba by United States citizens, to establish an agricultural export 
promotion program with respect to Cuba, and for other purposes; to the 
Committee on Finance.
  Mr. BAUCUS. Mr. President, today I am proud to introduce legislation 
with Senator Mike Crapo, House Ways and Means Chairman Charlie Rangel, 
and Congresswoman Jo Ann Emerson to help open a promising market to 
American exports. That market is Cuba.
  For too long, we have maintained ideologically driven restrictions 
that have undermined our export competitiveness in a market 90 miles 
away from us.
  Just beyond our shoreline, our trading partners--especially Canada 
and China--are making multi billion-dollar investments in a Cuban 
economy that is growing at a rate of 7 to 12 percent per year. But the 
United States just stands by while these and other countries capitalize 
on opportunities in our own backyard.
  Our economic policy toward Cuba simply is not working. This bill 
changes that.
  The greatest opportunities exist in Cuba's agriculture sector. When 
Congress passed legislation allowing food and medicine sales to Cuba in 
2000, some people said Cuba would never buy. Fidel Castro himself 
predicted that Cuba would buy ``not one grain'' from the United States.
  But Mr. Castro was wrong. Agricultural sales happened. In 2004 alone, 
Cubans bought more than $375 million in American agricultural products. 
And, today, nearly every state in the union wants to get into the 
largest agriculture market in the Caribbean.
  I have worked tirelessly to market Montana's high quality agriculture 
products, and it has paid off. In 2003, I inked a $10 million deal with 
Cuba. After we completed that deal, I went back to Havana and signed 
another deal--for $15 million. We have sent Montana wheat, beans and 
peas to Cuba, and that is just the beginning.
  But it has not been easy. In 2005, the Treasury Department issued a 
rule to undermine the will of Congress. In landmark legislation, 
Congress in 2000 facilitated agriculture exports to Cuba by authorizing 
the use of cash basis sales. But the Treasury rule made such 
transactions impossible. Instead, sellers had to resort to foreign 
letters of credit, which are time-consuming, complicated, and 
expensive, especially for smaller exporters.
  The Treasury rule stunted what had been meteoric growth in American 
agriculture exports to Cuba. This rule flies in the face of the law, 
and it will not stand.
  Today's bill overturns the Treasury rule. It clarifies that not only 
do we intend to let these cash basis sales go forward, we mean to 
expand and promote them. This bill also ensures that exporters and 
commodity groups looking to get into the Cuban market get help from the 
Department of Agriculture. And it would require our Agriculture 
Department to promote American agricultural exports for Cuba.
  Increased agriculture sales will allow Cubans to become familiar with 
more and more American branded food products. But a little-known 
provision of U.S. law--known as section 211--invites Cuba to withhold 
trademark protection from these and other American food exports. 
Today's bill also addresses that problem.
  Section 211 bars U.S. courts from hearing claims of foreign nationals 
to trademarks similar to or associated with expropriated properties. It 
also forbids the United States from allowing foreign nationals to 
register or renew such trademark rights. In other words, it denies 
trademark protection to Cuban assets. If we are not going to recognize 
Cuban brands, why should Cuba, in the future, recognize American 
brands?
  The World Trade Organization has already struck down section 211 as 
inconsistent with U.S. international trade obligations. It is time for 
this Congress to do the same. My bill repeals this wrong-headed and 
WTO-inconsistent provision. It ensures the continued security of 
thousands of American-owned trademarks already registered in Cuba.
  I am a big proponent of getting American food products into Cuba. But 
I also fundamentally believe that we should never use food and medicine 
as a weapon against a people, no matter what we think of their 
government.
  Many of my colleagues agree with me on this. This is why Congress, in 
the 1992 Cuban Democracy Act, authorized medicine and medical supplies 
sales to Cuba. But, at that time, we didn't get it quite right. We 
passed a law with good intent but loaded it up with so many 
restrictions that we have made medical sales to Cuba more difficult 
than medical sales to Iran or North Korea.
  My bill will correct this lopsided and inhumane policy. It will allow 
Cubans access to our medicines and medical products--which are the best 
money can buy--on the same terms that we offer to other regimes. There 
is no sound reason to deny our products to our Cuban neighbors but 
allow such sales to Iran and North Korea.
  I have taken Montana farmers and ranchers to Cuba to explore export 
opportunities. But such opportunities are rare because our government, 
with limited exceptions, does not permit travel to Cuba. And those 
exceptions are so riddled with red tape as to discourage applicants 
from making use of them.
  Many Americans are ready and willing to travel to Cuba, and not just 
to make agriculture sales. Religious organizations have deep roots on 
the island--since before the Castro government. They are a lifeline, 
bringing hope, help, and brotherhood to their counterparts in Cuba. 
American academics and professionals engage in thoughtful exchanges of 
research and ideas. American students visit with Cuban students, and 
they learn lessons a teacher cannot imbue.
  Nearly everyone in Cuba has a dear friend or relative living in the 
United States. Tens of thousands of Cubans who found their way to 
America save their hard earned dollars on frequent trips home, their 
bags packed with medicine, vitamins, and clothing.
  Rather than encourage these meaningful contacts between Cubans and 
Americans, our government stifles our interaction. Rather than unite 
the Cuban family, our government seeks to divide it further.
  Americans do not benefit from this policy. The Cuban people do not 
benefit from this policy. Only those who seek to keep Americans and 
Cubans apart benefit from our misguided policy of isolation.
  It is time to reach out to the Cuban people. It is time to restore 
Americans' fundamental right to travel anywhere they want. It is time 
to lift the travel ban.
  I am proud of our bill. It spells out the right policy during this 
fundamental transition in Cuba. It helps farmers and ranchers in 
Montana and elsewhere seek opportunities in a nearby market. And it 
affords our citizens the opportunity to spread American generosity, 
assistance, and values to Cuba.
  I look forward to working with Senator Crapo, Chairman Rangel, 
Congresswoman Emerson, and others to put our trade relationship with 
Cuba on the right path.
                                 ______