[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2685 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 2685


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2021

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
 To direct the Assistant Secretary of Commerce for Communications and 
Information to submit to Congress a report examining the cybersecurity 
          of mobile service networks, 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 ``Understanding Cybersecurity of 
Mobile Networks Act''.

SEC. 2. REPORT ON CYBERSECURITY OF MOBILE SERVICE NETWORKS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Assistant Secretary, in consultation with 
the Department of Homeland Security, shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
examining the cybersecurity of mobile service networks and the 
vulnerability of such networks and mobile devices to cyberattacks and 
surveillance conducted by adversaries.
    (b) Matters to Be Included.--The report required by subsection (a) 
shall include the following:
            (1) An assessment of the degree to which providers of 
        mobile service have addressed, are addressing, or have not 
        addressed cybersecurity vulnerabilities (including 
        vulnerabilities the exploitation of which could lead to 
        surveillance conducted by adversaries) identified by academic 
        and independent researchers, multistakeholder standards and 
        technical organizations, industry experts, and Federal 
        agencies, including in relevant reports of--
                    (A) the National Telecommunications and Information 
                Administration;
                    (B) the National Institute of Standards and 
                Technology; and
                    (C) the Department of Homeland Security, 
                including--
                            (i) the Cybersecurity and Infrastructure 
                        Security Agency; and
                            (ii) the Science and Technology 
                        Directorate.
            (2) A discussion of--
                    (A) the degree to which customers (including 
                consumers, companies, and government agencies) consider 
                cybersecurity as a factor when considering the purchase 
                of mobile service and mobile devices; and
                    (B) the commercial availability of tools, 
                frameworks, best practices, and other resources for 
                enabling such customers to evaluate cybersecurity risk 
                and price tradeoffs.
            (3) A discussion of the degree to which providers of mobile 
        service have implemented cybersecurity best practices and risk 
        assessment frameworks.
            (4) An estimate and discussion of the prevalence and 
        efficacy of encryption and authentication algorithms and 
        techniques used in each of the following:
                    (A) Mobile service.
                    (B) Mobile communications equipment or services.
                    (C) Commonly used mobile phones and other mobile 
                devices.
                    (D) Commonly used mobile operating systems and 
                communications software and applications.
            (5) A discussion of the barriers for providers of mobile 
        service to adopt more efficacious encryption and authentication 
        algorithms and techniques and to prohibit the use of older 
        encryption and authentication algorithms and techniques with 
        established vulnerabilities in mobile service, mobile 
        communications equipment or services, and mobile phones and 
        other mobile devices.
            (6) An estimate and discussion of the prevalence, usage, 
        and availability of technologies that authenticate legitimate 
        mobile service and mobile communications equipment or services 
        to which mobile phones and other mobile devices are connected.
            (7) An estimate and discussion of the prevalence, costs, 
        commercial availability, and usage by adversaries in the United 
        States of cell site simulators (often known as international 
        mobile subscriber identity-catchers) and other mobile service 
        surveillance and interception technologies.
    (c) Consultation.--In preparing the report required by subsection 
(a), the Assistant Secretary shall, to the degree practicable, consult 
with--
            (1) the Federal Communications Commission;
            (2) the National Institute of Standards and Technology;
            (3) the intelligence community;
            (4) the Cybersecurity and Infrastructure Security Agency of 
        the Department of Homeland Security;
            (5) the Science and Technology Directorate of the 
        Department of Homeland Security;
            (6) academic and independent researchers with expertise in 
        privacy, encryption, cybersecurity, and network threats;
            (7) participants in multistakeholder standards and 
        technical organizations (including the 3rd Generation 
        Partnership Project and the Internet Engineering Task Force);
            (8) international stakeholders, in coordination with the 
        Department of State as appropriate;
            (9) providers of mobile service, including small providers 
        (or the representatives of such providers) and rural providers 
        (or the representatives of such providers);
            (10) manufacturers, operators, and providers of mobile 
        communications equipment or services and mobile phones and 
        other mobile devices;
            (11) developers of mobile operating systems and 
        communications software and applications; and
            (12) other experts that the Assistant Secretary considers 
        appropriate.
    (d) Scope of Report.--The Assistant Secretary shall--
            (1) limit the report required by subsection (a) to mobile 
        service networks;
            (2) exclude consideration of 5G protocols and networks in 
        the report required by subsection (a);
            (3) limit the assessment required by subsection (b)(1) to 
        vulnerabilities that have been shown to be--
                    (A) exploited in non-laboratory settings; or
                    (B) feasibly and practicably exploitable in real-
                world conditions; and
            (4) consider in the report required by subsection (a) 
        vulnerabilities that have been effectively mitigated by 
        manufacturers of mobile phones and other mobile devices.
    (e) Form of Report.--
            (1) Classified information.--The report required by 
        subsection (a) shall be produced in unclassified form but may 
        contain a classified annex.
            (2) Potentially exploitable unclassified information.--The 
        Assistant Secretary shall redact potentially exploitable 
        unclassified information from the report required by subsection 
        (a) but shall provide an unredacted form of the report to the 
        committees described in such subsection.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2022. 
Such amount is authorized to remain available through fiscal year 2023.
    (g) Definitions.--In this section:
            (1) Adversary.--The term ``adversary'' includes--
                    (A) any unauthorized hacker or other intruder into 
                a mobile service network; and
                    (B) any foreign government or foreign nongovernment 
                person engaged in a long-term pattern or serious 
                instances of conduct significantly adverse to the 
                national security of the United States or security and 
                safety of United States persons.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (3) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (4) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (5) Mobile communications equipment or service.--The term 
        ``mobile communications equipment or service'' means any 
        equipment or service that is essential to the provision of 
        mobile service.
            (6) Mobile service.--The term ``mobile service'' means, to 
        the extent provided to United States customers, either or both 
        of the following services:
                    (A) Commercial mobile service (as defined in 
                section 332(d) of the Communications Act of 1934 (47 
                U.S.C. 332(d))).
                    (B) Commercial mobile data service (as defined in 
                section 6001 of the Middle Class Tax Relief and Job 
                Creation Act of 2012 (47 U.S.C. 1401)).
            (7) Person.--The term ``person'' means an individual or 
        entity.
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

            Passed the House of Representatives December 1, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.