,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #djfe  ,,in ,,the ,,house ,,of  
,,representatives  ,february #ad1 #bjad 
,mr4 ,serrano introduced the following  
bill2 which was referred to the         
,committee on ,energy and ,commerce  ,a 
,,bill  ,to require mobile service      
providers and mobile device             
manufacturers to give consumers the     
ability to remotely delete data from    
mobile devices and render such devices  
inoperable4  #a4 ,short title ,this ,act
 may be cited as the ,smartphone ,theft 
,prevention ,act4  #b4 ,findings        
,congress finds that--  7#a7 mobile     
device theft costs consumers            
#cj1jjj1jjj1jjj each year1 according to 
the ,federal ,communications            
,commission2  7#b7 #a in #c robberies   
include the theft of a mobile device2   
7#c7 carriers1 manufacturers1 law       
enforcement1 and the ,federal           
,communications ,commission have worked 
to address the growing trend of mobile  
device theft1 but more remains to be    

done2  7#d7 consumers deserve to have   
the most secure technology available to 
protect them and their information2     
7#e7 technological protections continue 
to develop1 evolve1 and improve in ways 
that are good for the economy and the   
consumers of the ,united ,states1 and   
for public safety in the ,united        
,states2  7#f7 the wireless industry    
should work with law enforcement to     
educate consumers about the security    
tools that are available to them and how
 to keep their data1 their devices1 and 
themselves safe2 and  7#g7 because      
engineering and security needs change   
rapidly1 the mobile device industry1 law
 enforcement1 and consumer advocates are
 best suited to proactively develop     
solutions to protect consumers1 drive   
innovation1 and deter theft4  #c4       
,function for stolen mobile devices  7a7
 ,in general ,part ,i of title ,,iii of 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #cja et seq47 is amended by   
adding at the end the following3  #cdc4 

,function for stolen mobile devices  7a7
 ,definitions ,in this section--  7#a7  
the term account holder1 with respect to
 a mobile device--  7,a7 means the      
person who holds the account through    
which commercial mobile service or      
commercial mobile data service is       
provided on the device2 and  7,b7       
includes a person authorized by the     
person described in subparagraph 7,a7 to
 take actions with respect to the       
device2  7#b7 the term commercial mobile
 data service has the meaning given the 
term in section #fjja of the ,middle    
,class ,tax ,relief and ,job ,creation  
,act of #bjab 7#dg ,u4,s4,c4 #adja72    
7#c7 the term commercial mobile service 
has the meaning given the term in       
section #ccb2 and  7#d7 the term mobile 
device means a personal electronic      
device on which commercial mobile       
service or commercial mobile data       
service is provided4  7b7 ,requirements 
7#a7 ,function ,a provider of commercial
 mobile service or commercial mobile    

data service on a mobile device shall   
make available on the device a function 
that--  7,a7 may only be used by the    
account holder2 and  7,b7 includes the  
capability to remotely--  7i7 delete or 
render inaccessible from the device all 
information relating to the account     
holder that has been placed on the      
device2  7ii7 render the device         
inoperable on the network of any        
provider of commercial mobile service or
 commercial mobile data service         
globally1 even if the device is turned  
off or has the data storage medium      
removed2  7iii7 prevent the device from 
being reactivated or reprogrammed       
without a passcode or similar           
authorization after the device has      
been--  7,i7 rendered inoperable as     
described in clause 7ii72 or  7,,ii7    
subject to an unauthorized factory      
reset2 and  7iv7 reverse any action     
described in clause 7i71 7ii71 or 7iii7 
if the device is recovered by the       
account holder4  7#b7 ,device standards 

,a person may not manufacture in the    
,united ,states1 or import into the     
,united ,states for sale or resale to   
the public1 a mobile device unless the  
device is configured in such a manner   
that the provider of commercial mobile  
service or commercial mobile data       
service on the device may make available
 on the device the function required    
under paragraph 7#a74  7#c7 ,exemptions 
for functionally equivalent technology  
7,a7 ,mobile service providers ,the     
,commission may exempt a provider of    
commercial mobile service or commercial 
mobile data service on a mobile device  
from the requirement under paragraph    
7#a71 with respect to that device1 if   
the provider makes available on the     
device technology that accomplishes the 
functional equivalent of the function   
required under paragraph 7#a74  7,b7    
,manufacturers and importers ,the       
,commission may exempt a person from the
 requirement under paragraph 7#b71 with 
respect to a mobile device that the     

person manufactures in the ,united      
,states or imports into the ,united     
,states for sale or resale to the       
public1 if the device is configured in  
such a manner that the provider of      
commercial mobile service or commercial 
mobile data service on the device may   
make available on the device technology 
that accomplishes the functional        
equivalent of the function required     
under paragraph 7#a74  7#d7 ,waiver for 
low-cost1 voice-only mobile devices ,the
 ,commission may waive the applicability
 of the requirements under paragraphs   
7#a7 and 7#b7 with respect to any       
low-cost mobile device that--  7,a7 is  
intended for primarily voice-only mobile
 service2 and  7,b7 may have limited    
data consumption functions focused on   
text messaging or short message service4
  7c7 ,no fee ,a provider of commercial 
mobile service or commercial mobile data
 service on a mobile device may not     
charge the account holder any fee for   
making the function described in        

subsection 7b77#a71 or any equivalent   
technology described in subsection      
7b77#c77;,a71 available to the account  
holder4  7d7 ,forfeiture penalty  7#a7  
,in general ,any person that is         
determined by the ,commission1 in       
accordance with paragraphs 7#c7 and 7#d7
 of section #ejc7;b71 to have violated  
subsection 7b7 or 7c7 of this section   
shall be liable to the ,united ,states  
for a forfeiture penalty1 in an amount  
to be determined by the ,commission4    
7#b7 ,other penalties ,a forfeiture     
penalty under this subsection shall be  
in addition to any other penalty        
provided for in this ,act4  7e7 ,rule of
 construction ,nothing in this section  
shall be construed to prohibit a        
manufacturer of mobile devices1 or a    
provider of commercial mobile service or
 commercial mobile data service1 from   
taking actions not described in this    
section to protect consumers from the   
theft of mobile devices4  4  7b7        
,applicability of function requirement  

7#a7 ,definition ,in this subsection1   
the term mobile device has the meaning  
given the term in section #cdc of the   
,communications ,act of #aicd1 as added 
by subsection 7a74  7#b7 ,applicability 
,except as provided in paragraph 7#c71  
section #cdc of the ,communications ,act
 of #aicd1 as added by subsection 7a71  
shall apply with respect to any mobile  
device that1 on or after ,january #a1   
#bjae1 is--  7,a7 manufactured in the   
,united ,states2 or  7,b7 imported into 
the ,united ,states for sale to the     
public4  7#c7 ,compliance ,extensions   
,the ,federal ,communications           
,commission may exempt a person that is 
subject to any requirement under section
 #cdc7;b7 of the ,communications ,act of
 #aicd1 as added by subsection 7a71 from
 that requirement for a temporary period
 after the date described in paragraph  
7#b7 of this subsection1 upon a showing 
by the person that the person requires  
more time to be able to comply with the 
requirement4