[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1389 Introduced in Senate (IS)]

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.

    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 ``Cuba Digital and Telecommunications 
Advancement Act of 2015'' or the ``Cuba DATA Act''.

SEC. 2. EXPORTATION OF CONSUMER COMMUNICATION DEVICES AND 
              TELECOMMUNICATIONS SERVICES TO CUBA.

    (a) In General.--Notwithstanding any other provision of law, the 
President may permit any person subject to the jurisdiction of the 
United States--
            (1) to export consumer communication devices and other 
        telecommunications equipment to Cuba;
            (2) to provide telecommunications services involving Cuba 
        or persons in Cuba;
            (3) to establish facilities to provide telecommunications 
        services connecting Cuba with another country or to provide 
        telecommunications services in Cuba;
            (4) to conduct any transaction incident to carrying out an 
        activity described in any of paragraphs (1) through (3); and
            (5) to enter into, perform, and make and receive payments 
        under a contract with any individual or entity in Cuba with 
        respect to the provision of telecommunications services 
        involving Cuba or persons in Cuba.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually thereafter 
for 4 years, the President shall submit to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on Foreign Affairs and the Committee on Appropriations of the 
House of Representatives a report on--
            (1) the percentage of individuals in Cuba who are able to 
        access the Internet and the infrastructure that would be needed 
        in Cuba to reach the goal of increasing that percentage to 50 
        percent by 2020;
            (2) the ability of individuals in Cuba, including foreign 
        tourists, to access data through the use of cell phones and the 
        infrastructure that would be needed to bring the capability to 
        access that data to rural and urban population centers in Cuba;
            (3) the impact of access to telecommunications technology 
        on the development of new businesses, co-ops, and educational 
        opportunities in Cuba; and
            (4) the impact of the telecommunications equipment and 
        telecommunications services provided under this section on 
        advancing the human rights objectives of the United States and 
        how such equipment and services are being used to advance those 
        objectives.
    (c) Definitions.--In this section:
            (1) Consumer communication devices.--The term ``consumer 
        communication devices'' means commodities and software 
        described in section 740.19(b) of title 15, Code of Federal 
        Regulations (or any successor regulation).
            (2) Person subject to the jurisdiction of the united 
        states.--The term ``person subject to the jurisdiction of the 
        United States'' means--
                    (A) any individual, wherever located, who is a 
                citizen or resident of the United States;
                    (B) any person located in the United States;
                    (C) any corporation, partnership, association, or 
                other organization organized under the laws of the 
                United States or of any State, territory, possession, 
                or district of the United States; and
                    (D) any corporation, partnership, association, or 
                other organization, wherever organized or doing 
                business, that is owned or controlled by a person 
                described in subparagraph (A), (B), or (C).
            (3) Telecommunications services.--The term 
        ``telecommunications services'' includes--
                    (A) data, telephone, telegraph, Internet 
                connectivity, radio, television, news wire feeds, and 
                similar services, regardless of the medium of 
                transmission and including transmission by satellite;
                    (B) services incident to the exchange of 
                communications over the Internet;
                    (C) domain name registration services; and
                    (D) services that are related to consumer 
                communication devices and other telecommunications 
                equipment to install, repair, or replace such devices 
                and equipment.

SEC. 3. REPEAL OF CERTAIN AUTHORITIES PREVENTING FINANCING AND MARKET 
              REFORM FOR CUBA.

    (a) Cuban Democracy Act.--
            (1) In general.--Section 1704 of the Cuban Democracy Act of 
        1992 (22 U.S.C. 6003) is repealed.
            (2) Conforming amendments.--Section 204 of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
        U.S.C. 6064) is amended--
                    (A) in subsection (b), by amending paragraph (3) to 
                read as follows:
            ``(3) sections 1705(d) and 1706 of the Cuban Democracy Act 
        of 1992 (22 U.S.C. 6004(d) and 6005);''; and
                    (B) in subsection (d), by amending paragraph (3) to 
                read as follows:
            ``(3) sections 1705(d) and 1706 of the Cuban Democracy Act 
        of 1992 (22 U.S.C. 6004(d) and 6005) are repealed; and''.
    (b) Cuban Liberty and Democratic Solidarity Act.--
            (1) In general.--Sections 102, 103, 104, 105, and 108 of 
        the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
        1996 (22 U.S.C. 6032, 6033, 6034, 6035, and 6038) are repealed.
            (2) Conforming amendment.--Section 109(a) of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
        U.S.C. 6039(a)) is amended by striking ``(including section 102 
        of this Act)''.
                                 <all>