II 

114TH CONGRESS 

1ST SESSION S. 1389 

To authorize the exportation of consumer communication devices to Cuba 

and the provision of telecommunications services to Cuba, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2015 

Mr. UDALL (for himself, Mr. FLAKE, Mr. DURBIN, and Mr. ENZI) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

A BILL 

To authorize the exportation of consumer communication 

devices to Cuba and the provision of telecommunications 

services to Cuba, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cuba Digital and Tele5 communications Advancement Act of 2015’’ or the ‘‘Cuba 

6 DATA Act’’. 


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1 SEC. 2. EXPORTATION OF CONSUMER COMMUNICATION DE2 VICES AND TELECOMMUNICATIONS SERV3 ICES TO CUBA. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the President may permit any person subject 

6 to the jurisdiction of the United States— 

7 (1) to export consumer communication devices 

8 and other telecommunications equipment to Cuba; 

9 (2) to provide telecommunications services in10 volving Cuba or persons in Cuba; 

11 (3) to establish facilities to provide tele12 communications services connecting Cuba with an13 other country or to provide telecommunications serv14 ices in Cuba; 

15 (4) to conduct any transaction incident to car16 rying out an activity described in any of paragraphs 

17 (1) through (3); and 

18 (5) to enter into, perform, and make and re19 ceive payments under a contract with any individual 

20 or entity in Cuba with respect to the provision of 

21 telecommunications services involving Cuba or per22 sons in Cuba. 

23 (b) REPORT.—Not later than 180 days after the date 

24 of the enactment of this Act, and not less frequently than 

25 annually thereafter for 4 years, the President shall submit 

26 to the Committee on Foreign Relations and the Committee 


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1 on Appropriations of the Senate and the Committee on 

2 Foreign Affairs and the Committee on Appropriations of 

3 the House of Representatives a report on— 

4 (1) the percentage of individuals in Cuba who 

5 are able to access the Internet and the infrastruc6 ture that would be needed in Cuba to reach the goal 

7 of increasing that percentage to 50 percent by 2020; 

8 (2) the ability of individuals in Cuba, including 

9 foreign tourists, to access data through the use of 

10 cell phones and the infrastructure that would be 

11 needed to bring the capability to access that data to 

12 rural and urban population centers in Cuba; 

13 (3) the impact of access to telecommunications 

14 technology on the development of new businesses, co15 ops, and educational opportunities in Cuba; and 

16 (4) the impact of the telecommunications equip17 ment and telecommunications services provided 

18 under this section on advancing the human rights 

19 objectives of the United States and how such equip20 ment and services are being used to advance those 

21 objectives. 

22 (c) DEFINITIONS.—In this section: 

23 (1) CONSUMER COMMUNICATION DEVICES.— 

24 The term ‘‘consumer communication devices’’ means 

25 commodities and software described in section 


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1 740.19(b) of title 15, Code of Federal Regulations 

2 (or any successor regulation). 

3 (2) PERSON SUBJECT TO THE JURISDICTION OF

4 THE UNITED STATES.—The term ‘‘person subject to 

5 the jurisdiction of the United States’’ means— 

6 (A) any individual, wherever located, who 

7 is a citizen or resident of the United States; 

8 (B) any person located in the United 

9 States; 

10 (C) any corporation, partnership, associa11 tion, or other organization organized under the 

12 laws of the United States or of any State, terri13 tory, possession, or district of the United 

14 States; and 

15 (D) any corporation, partnership, associa16 tion, or other organization, wherever organized 

17 or doing business, that is owned or controlled 

18 by a person described in subparagraph (A), (B), 

19 or (C). 

20 (3) TELECOMMUNICATIONS SERVICES.—The 

21 term ‘‘telecommunications services’’ includes— 

22 (A) data, telephone, telegraph, Internet 

23 connectivity, radio, television, news wire feeds, 

24 and similar services, regardless of the medium 


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1 of transmission and including transmission by 

2 satellite; 

3 (B) services incident to the exchange of 

4 communications over the Internet; 

5 (C) domain name registration services; and 

6 (D) services that are related to consumer 

7 communication devices and other telecommuni8 cations equipment to install, repair, or replace 

9 such devices and equipment. 

10 SEC. 3. REPEAL OF CERTAIN AUTHORITIES PREVENTING 

11 FINANCING AND MARKET REFORM FOR 

12 CUBA. 

13 (a) CUBAN DEMOCRACY ACT.— 

14 (1) IN GENERAL.—Section 1704 of the Cuban 

15 Democracy Act of 1992 (22 U.S.C. 6003) is re16 pealed. 

17 (2) CONFORMING AMENDMENTS.—Section 204 

18 of the Cuban Liberty and Democratic Solidarity 

19 (LIBERTAD) Act of 1996 (22 U.S.C. 6064) is 

20 amended— 

21 (A) in subsection (b), by amending para22 graph (3) to read as follows: 

23 ‘‘(3) sections 1705(d) and 1706 of the Cuban 

24 Democracy Act of 1992 (22 U.S.C. 6004(d) and 

25 6005);’’; and 


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1 (B) in subsection (d), by amending para2 graph (3) to read as follows: 

3 ‘‘(3) sections 1705(d) and 1706 of the Cuban 

4 Democracy Act of 1992 (22 U.S.C. 6004(d) and 

5 6005) are repealed; and’’. 

6 (b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

7 ACT.— 

8 (1) IN GENERAL.—Sections 102, 103, 104, 105, 

9 and 108 of the Cuban Liberty and Democratic Soli10 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6032, 

11 6033, 6034, 6035, and 6038) are repealed. 

12 (2) CONFORMING AMENDMENT.—Section 

13 109(a) of the Cuban Liberty and Democratic Soli14 darity (LIBERTAD) Act of 1996 (22 U.S.C. 

15 6039(a)) is amended by striking ‘‘(including section 

16 102 of this Act)’’. 

Æ 


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