[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5834 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5834
To amend the Communications Act of 1934 to prohibit mobile service
providers from providing service on smart phones that have been
reported stolen, to require smart phones to be equipped with anti-theft
functionality and mobile device identification numbers, and to prohibit
the alteration or removal of mobile device identification numbers of
smart phones, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Engel (for himself and Ms. Norton) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to prohibit mobile service
providers from providing service on smart phones that have been
reported stolen, to require smart phones to be equipped with anti-theft
functionality and mobile device identification numbers, and to prohibit
the alteration or removal of mobile device identification numbers of
smart phones, 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 ``Cell Phone Theft Prevention Act of
2016''.
SEC. 2. SMART PHONE THEFT PREVENTION.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. SMART PHONE THEFT PREVENTION.
``(a) Provision of Service on Stolen Smart Phone.--
``(1) Prohibition.--A provider of commercial mobile service
or commercial mobile data service may not knowingly provide
service on a smart phone that--
``(A) has been reported to such provider as stolen
by an authorized user of such phone; or
``(B) is listed as stolen on the Central Equipment
Identity Register.
``(2) Reporting by service providers.--A provider of
commercial mobile service or commercial mobile data service to
which a smart phone is reported stolen by an authorized user of
such phone as described in paragraph (1)(A) shall transmit to
the Central Equipment Identity Register a notification that
such phone has been reported stolen. Such notification shall
include such information as is required for the identification
of such phone.
``(b) Anti-Theft Functionality; Mobile Device Identification
Numbers.--A person may not manufacture for retail sale in the United
States, or import into the United States for retail sale in the United
States, a smart phone unless such phone is--
``(1) equipped with pre-loaded anti-theft functionality at
no additional cost to purchasers of such phone, or capable of
downloading anti-theft functionality that is available at no
additional cost to purchasers of such phone; and
``(2) equipped with a mobile device identification number.
``(c) Alteration or Removal of Mobile Device Identification Number;
Prohibition of Sale of Stolen Smart Phones.--
``(1) Prohibition.--It shall be unlawful to--
``(A) knowingly remove, obliterate, tamper with, or
alter the mobile device identification number of a
smart phone;
``(B) knowingly use, produce, traffic in, have
control or custody of, or possess hardware or software,
knowing it has been configured to engage in the conduct
described in subparagraph (A); or
``(C) knowingly sell a smart phone for which the
mobile device identification number is listed as stolen
on the Central Equipment Identity Register.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned not
more than 5 years, or both.
``(d) Rules of Construction.--
``(1) Additional technologies or services.--Nothing in this
section prohibits a provider of commercial mobile service or
commercial mobile data service, device manufacturer, or
operating system provider from offering a technology or service
in addition to the anti-theft functionality required by
subsection (b)(1).
``(2) Emergency communications.--Nothing in this section
requires the use of a technology that is incompatible with, or
renders it impossible to comply with, Federal or State law with
regard to--
``(A) the provision of emergency services through
the 9-1-1 system, including text-to-9-1-1, bounce-back
messages, and location accuracy requirements;
``(B) participation in the Wireless Emergency
Alerts system; or
``(C) participation in other Federal, State, or
local emergency alert and public safety warning
systems.
``(3) No private right of action.--Nothing in this section
shall be construed to authorize any private right of action to
enforce any requirement of this section or any regulation
promulgated under this section.
``(e) Definitions.--In this section:
``(1) Anti-theft functionality.--The term `anti-theft
functionality' means, with respect to a smart phone, a
functionality provided by the manufacturer or operating system
provider that--
``(A) once downloaded to the phone and initiated--
``(i) has the capability, from a remote
location--
``(I) to render the essential
features of the phone inoperable to a
person who is not an authorized user;
and
``(II) to delete from the phone the
personal information of the authorized
users, except for any information
necessary to permit the capability
described in subclause (I) to be
reversed as required by clause (ii);
and
``(ii) permits the capability described in
clause (i)(I) to be reversed if an authorized
user of the phone obtains possession of the
phone after the essential features of the phone
have been rendered inoperable by such
capability; and
``(B) may be designed so as to allow an authorized
user to opt out of implementing the capability
described in subparagraph (A)(i).
``(2) Authorized user.--The term `authorized user' means,
with respect to a smart phone--
``(A) the person who holds the commercial mobile
service or commercial mobile data service account for
the phone;
``(B) if the phone is a phone for which particular
amounts of service are purchased in advance, the person
who owns the phone; or
``(C) any person who has been authorized by a
person described in subparagraph (A) or (B) to use the
phone.
``(3) Central equipment identity register.--The term
`Central Equipment Identity Register' means the list of mobile
device identification numbers that are associated with mobile
devices that have been reported as lost, stolen, faulty, or
otherwise unsuitable for use, and that is a part of the
International Mobile Equipment Identity Database maintained by
the GSM Association, or any equivalent or successor registry or
database.
``(4) Commercial mobile data service.--The term `commercial
mobile data service' has the meaning given such term in section
6001 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401).
``(5) Commercial mobile service.--The term `commercial
mobile service' has the meaning given such term in section 332.
``(6) Essential features.--The term `essential features'
means, with respect to a smart phone, features that provide the
capability for a user to use the phone for voice
communications, text messaging, Internet browsing, and
accessing and using software applications. Such term does not
include the features that provide the capability to operate the
anti-theft functionality or to use the phone for emergency
communications.
``(7) Mobile device identification number.--The term
`mobile device identification number' means an international
mobile equipment identity number, a mobile equipment
identifier, an electronic serial number, or any other number or
signal that identifies a specific mobile device and has the
same function and purposes as an international mobile equipment
identity number or a mobile equipment identifier.
``(8) Smart phone.--
``(A) In general.--The term `smart phone' means a
hand-held mobile device that--
``(i) possesses advanced computing
capability;
``(ii) is designed to enable the user to
engage in voice communications using commercial
mobile service;
``(iii) is capable of operating on a long-
term evolution network or successor wireless
data network communication standards; and
``(iv) may possess capabilities that
include built-in applications, Internet access,
Internet browsing, digital voice service, text
messaging, and e-mail.
``(B) Exclusions.--Such term does not include a
phone that offers only a limited capability or set of
capabilities (such as placing voice calls and sending
text messages), a laptop computer, a tablet device, or
a device that has only electronic reading
capability.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
section 343 of the Communications Act of 1934, as added by
subsection (a) of this section, shall apply beginning on the
date that is 2 years after the date of the enactment of this
Act.
(2) Anti-theft functionality; mobile device identification
numbers.--Subsection (b) of such section 343 shall apply with
respect to a smart phone that is manufactured on or after the
date that is 2 years after the date of the enactment of this
Act.
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