,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajgje ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjbf,mr4 ,shreve 7for himself1 ,mr4 ,subramanyam1 and ,mr4 ,menendez7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to establish prohibitions with respect to ,,sim boxes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,,sim ,box ,scams ,act4 #b4 ,,sim boxes 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 #cdf4 ,,sim boxes 7a7 ,prohibition ,no individual or entity may1 in or affecting interstate or foreign commerce1 carry out any of the following activities3 7#a7 ,manufacture1 import1 sell1 offer for sale1 lease1 advertise1 possess1 use1 or distribute any ,,sim box4 7#b7 ,reprogram1 adapt1 configure1 or otherwise modify any device1 equipment1 software1 system1 or service to enable such device1 equipment1 software1 system1 or service to function1 in whole or in part1 as a ,,sim box4 7#c7 ,assist1 including by knowingly allowing on the property of such individual or entity1 an activity specified in paragraph 7#a7 or 7#b7 that is carried out by another individual or entity4 7b7 ,applicability ,subsection 7a7 shall apply with respect to activities carried out on or after the date that is #ahj days after the date of the enactment of this section4 7c7 ,implementation ,not later than #ahj days after the date of the enactment of this section1 the ,commission shall-- 7#a7 promulgate regulations with respect to the implementation of this section1 including regulations to establish procedures for clarifying and refining the definition of the term ,,sim box to ensure that such term-- 7,a7 includes all items that are functionally equivalent to a ,,sim box2 and 7,b7 excludes any device1 equipment1 software1 system1 or service used for a permissible purpose1 as determined by the ,commission2 7#b7 publish1 and thereafter maintain-- 7,a7 a non-exhaustive list of devices1 equipment1 software1 systems1 and services prohibited under subsection 7a72 and 7,b7 a non-exhaustive list of devices1 equipment1 software1 systems1 services1 and uses permissible pursuant to an exclusion described in subsection 7h77#c77;,b72 and 7#c7 establish procedures1 as appropriate1 for manufacturers and distributors to-- 7,a7 demonstrate that any device1 equipment1 software1 system1 or service1 that would otherwise be a ,,sim box1 is not a ,,sim box by reason of such device1 equipment1 software1 system1 or service satisfying an exclusion described in subsection 7h77#c77;,b72 and 7,b7 ensure accurate advertising4 7d7 ,coordination ,in carrying out this section1 the ,commission shall coordinate with-- 7#a7 the ,secretary of ,homeland ,security1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 the ,attorney ,general1 and the heads of other relevant ,federal agencies to prevent the importation and distribution of ,,sim boxes2 and 7#b7 the ,federal ,trade ,commission1 the ,secretary of ,homeland ,security1 the ,attorney ,general1 and ,state attorneys general with respect to enforcement1 information sharing1 and training4 7e7 ,enforcement 7#a7 ,treatment of violations ,for purposes of enforcement pursuant to the provisions of this ,act1 each ,,sim box manufactured1 imported1 sold1 offered for sale1 leased1 advertised1 possessed1 used1 or distributed in violation of this section1 each item reprogrammed1 adapted1 configured1 or otherwise modified in violation of this section1 and each day of a continuing violation of this section1 may be treated as a separate violation of this section4 7#b7 ,cease and ,desist ,orders ,the ,commission may1 after determining that an individual or entity is carrying out an activity in violation of this section1 issue a temporary cease-and-desist order requiring such individual or entity to immediately stop such activity and such order may remain in effect for up to #ahj days 7unless extended by the ,commission after the provision of notice and an opportunity for a hearing74 7#c7 ,private right of action 7,a7 ,in general ,a provider of mobile service injured by an activity in violation of this section1 or a regulation promulgated under this section1 may bring in an appropriate district court of the ,united ,states-- 7i7 an action to enjoin the violation2 7ii7 an action to recover damages2 or 7iii7 both such actions4 7,b7 ,attorney's fees ,the court may award to a prevailing party in an action brought under this paragraph reasonable attorney's fees1 as determined by the court4 7f7 ,report ,not later than #a year after the date of the enactment of this section1 and annually thereafter1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing1 with respect to the preceding #a-year period1 the implementation of this section1 including associated enforcement activities and efforts of the ,commission to coordinate with ,federal agencies and ,state attorneys general with respect to enforcement activities4 7g7 ,safe harbor 7#a7 ,in general ,no cause of action may be brought in any court or administrative agency against any provider of mobile service on account of any act undertaken by1 or on behalf of1 such provider if such act was undertaken in good faith and there was a reasonable basis to believe that such act was necessary or appropriate to detect1 identify1 locate1 mitigate1 disrupt1 or support an enforcement action with respect to a ,,sim box1 including an act-- 7,a7 to monitor the equipment1 networks1 or systems of such provider in relation to detecting1 identifying1 locating1 mitigating1 disrupting1 or supporting an enforcement action with respect to a ,,sim box2 or 7,b7 to provide to the ,commission or another ,federal or ,state agency1 in relation to detecting1 identifying1 locating1 mitigating1 disrupting1 or supporting an enforcement action with respect to a ,,sim box-- 7i7 information or access to information 7including communication records1 communication contents1 and other information relating to a customer or communication72 7ii7 access to facilities2 or 7iii7 other reasonable assistance4 7#b7 ,limitation ,paragraph 7#a7 does not apply to any act to the extent such act-- 7,a7 is unrelated to detecting1 identifying1 locating1 mitigating1 disrupting1 or supporting an enforcement action with respect to a ,,sim box2 7,b7 involves the use1 retention1 or disclosure of information obtained through an act described in such paragraph for a purpose that is unrelated to the detection1 identification1 location1 mitigation1 disruption1 or support of an enforcement action with respect to a ,,sim box1 unless such use1 retention1 or disclosure is required by law2 or 7,c7 constitutes willful misconduct1 gross negligence1 or bad faith4 7#c7 ,rule of construction ,nothing in this section may be construed to-- 7,a7 create1 for a provider of mobile service1 a duty to monitor the equipment1 networks1 or systems of such provider or to provide to any entity-- 7i7 information or access to information 7including communication records1 communication contents1 and other information relating to a customer or communication72 7ii7 access to facilities2 or 7iii7 other assistance2 or 7,b7 affect1 with respect to a provider of mobile service1 the availability of any legal defense1 including a defense under common law or statute4 7h7 ,definitions ,in this section3 7#a7 ,mobile service ,the term mobile service has the meaning given such term in section #c of this ,act4 7#b7 ,,sim ,the term ,,sim means a physical subscriber identity module1 a non-physical subscriber identity module1 or any comparable credential or profile used to authenticate a device or user with respect to a mobile service4 7#c7 ,,sim box 7,a7 ,in general ,the term ,,sim box means any device1 equipment1 software1 system1 or service 7including any virtualized1 remote1 or cloud-based system1 platform1 or service7 that-- 7i7 enables1 or is designed1 advertised1 or reasonably expected to enable1 the automated pooling1 rotation1 multiplexing1 or concurrent use of #b or more ,s,i,ms1 ,international ,mobile ,subscriber ,identities1 or equivalent credentials to originate1 route1 forward1 or terminate communications with respect to a mobile service2 and 7ii7 is designed1 advertised1 or reasonably expected to-- 7,i7 obscure or misrepresent call or data origin2 7,,ii7 defeat caller identity authentication or traceback2 or 7,,iii7 bypass or evade lawful controls of a provider of mobile service1 including interconnection agreements1 access charge arrangements1 and numbering policies4 7,b7 ,exclusions ,the term ,,sim box does not include the following3 7i7 ,any device1 equipment1 software1 system1 or service authorized or licensed by the ,commission for a purpose permissible under this ,act4 7ii7 ,any device1 equipment1 software1 system1 or service used solely by a ,federal1 ,state1 ,tribal1 or local government for an official purpose4 7iii7 ,any device1 equipment1 software1 system1 or service used solely within a laboratory or another testing facility recognized by the ,commission for conformance1 security1 or interoperability testing1 if such device1 equipment1 software1 system1 or service is not offered for sale or public use4 7iv7 ,any device1 equipment1 software1 system1 or service used for purposes of the internal testing of equipment or systems by a provider of mobile service authorized or licensed by the ,commission4 7v7 ,any other device1 equipment1 software1 system1 or service the ,commission determines appropriate4 4 7b7 ,forfeiture of communications devices ,section #eaj7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eaj7;a77 is amended by inserting and any item with respect to which an activity prohibited under section #cdf is carried out in violation of such section1 or rules prescribed by the ,commission under such section1 after sections14 7c7 ,privacy of customer information ,section #bbb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;d77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 to provide assistance to a ,federal agency with respect to a ,,sim box consistent with section #cdf4 4 7d7 ,rule of construction ,nothing in this ,act1 including the amendments made by this ,act1 may be construed to limit any other authority of a ,federal agency1 including the ,federal ,communications ,commission1 including any authority with respect to the following3 7#a7 ,caller identification4 7#b7 ,robocall mitigation4 7#c7 ,fraud4 7#d7 ,equipment authorization4 7#e7 ,numbering administration4 7#f7 ,critical infrastructure protection4 7#g7 ,radio magnetic spectrum monitoring4 7#h7 ,disaster response coordination4 7#i7 ,public safety communications4 7e7 ,preemption 7#a7 ,in general ,no ,state1 or political subdivision of a ,state1 may maintain1 enforce1 prescribe1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law that conflicts1 or is otherwise inconsistent1 with this ,act1 or the amendments made by this ,act4 7#b7 ,rule of construction ,for purposes of paragraph 7#a71 a law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law may not be treated as in conflict1 or otherwise inconsistent1 with this ,act to the extent that such law1 rule1 regulation1 requirement1 standard1 or other provision imposes a limitation-- 7,a7 with respect to ,,sim boxes 7only as such term is defined in section #cdf7;h7 of the ,communications ,act of #aicd72 and 7,b7 that is more strict than the limitations imposed by this ,act1 including the amendments made by this ,act4 7f7 ,severability ,if any provision of this ,act1 or the application of such a provision to any individual1 entity1 or circumstance1 is held invalid1 the remaining provisions of this ,act1 and the application of such provisions to any other individual1 entity1 or circumstance1 may not be affected4