[House Report 117-186]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-186
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UNDERSTANDING CYBERSECURITY OF MOBILE NETWORKS ACT
_______
November 30, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2685]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2685) 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, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 3
II. Background and Need for the Legislation.......................... 4
III. Committee Hearings............................................... 4
IV. Committee Consideration.......................................... 5
V. Committee Votes.................................................. 5
VI. Oversight Findings............................................... 5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
VIII.Federal Mandates Statement....................................... 6
IX. Statement of General Performance Goals and Objectives............ 6
X. Duplication of Federal Programs.................................. 6
XI. Committee Cost Estimate.......................................... 6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits...... 6
XIII.Advisory Committee Statement..................................... 6
XIV. Applicability to Legislative Branch.............................. 6
XV. Section-by-Section Analysis of the Legislation................... 6
XVI. Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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) 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) 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) 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.
I. PURPOSE AND SUMMARY
H.R. 2685, the ``Understanding Cybersecurity of Mobile
Networks Act,'' would require the National Telecommunications
and Information Administration (NTIA) to examine and report on
the cybersecurity of mobile service networks (excluding 5G) and
mobile devices. The report shall discuss, among other things,
the degree to which mobile services providers have addressed
vulnerabilities; cybersecurity best practices and risk
assessment frameworks; and the prevalence and usage of cell
site simulators and other surveillance technologies used by
adversaries.
II. BACKGROUND AND NEED FOR LEGISLATION
Federal agencies, academic researchers, and independent
experts have examined various and disparate aspects of,
specific threats to, and vulnerabilities of the cybersecurity
of mobile devices and networks.\1\ Providers of mobile
services, along with manufacturers of mobile devices and other
companies, have responded to many vulnerabilities and
threats.\2\ However, recent cybersecurity developments show
that vulnerabilities continue to exist in mobile cybersecurity,
including threats of mobile data interception by cell site
simulators,\3\ identity theft via fraudulent SIM swaps,\4\ and
surveillance enabled by spyware installed on mobile devices.\5\
Policymakers lack a holistic accounting of what vulnerabilities
have been addressed or are being addressed and which ones
persist.
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\1\See, e.g., Department of Homeland Security, Study on Mobile
Device Security (April 2017).
\2\See, e.g., CTIA, SS7 and FCC CSRIC Recommendations (2017).
\3\Lily Hay Newman, One Small Fix Would Curb Stingray Surveillance,
Wired (Jan. 27, 2020).
\4\M.J. Kelly, Mozilla Explains: SIM swapping, Mozilla (Apr. 7,
2021).
\5\Mitchell Clark, NSO's Pegasus spyware: here's what we know, The
Verge (July 23, 2021).
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While policymakers and industry actors are appropriately
focused on cybersecurity of 5G networks, cybersecurity related
to 2G, 3G, and 4G networks is of particular public policy
interest because these networks host a vast majority of
Americans' mobile calls and text messages and mobile internet
data traffic.
While many Federal agencies have authorities and
responsibilities related to cybersecurity, Congress has tasked
NTIA to foster safety and national security of
telecommunications networks.\6\
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\6\National Telecommunications and Information Administration
Organization Act Sec. 102(c)(2), 47 U.S.C. Sec. 901(c)(2).
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III. COMMITTEE HEARINGS
For the purposes of clause 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 2685:
The Subcommittee on Communications and Technology held a
hearing on April 21, 2021, entitled ``Leading the Wireless
Future: Securing American Network Technology.'' The
Subcommittee received testimony from the following witnesses:
John Baker, Senior Vice President, Business
Development, Mavenir;
John Mezzalingua, Chief Executive Officer,
JMA Wireless;
Tim Donovan, SVP, Legislative Affairs,
Competitive Carriers Association;
Tareq Amin, EVP and Group Chief Technology
Officer, Rakuten Mobile; and
Diane Rinaldo, Executive Director, Open RAN
Policy Coalition.
The Subcommittee on Communications and Technology held a
legislative hearing on June 30, 2021, entitled ``A Safe
Wireless Future: Securing our Networks and Supply Chains.'' The
Subcommittee received testimony from the following witnesses:
Dileep Srihari, Senior Policy Counsel,
Access Partnership;
Dean Brenner, SVP, Spectrum Strategy & Tech
Policy, Qualcomm Incorporated;
Jason Boswell, Head of Security, Network
Product Solutions, N.A., Ericsson; and
Clete Johnson, Senior Fellow, Strategic
Technologies Program, Center for Strategic and
International Studies.
IV. COMMITTEE CONSIDERATION
Representatives Anna G. Eshoo (D-CA) and Adam Kinzinger (R-
IL) introduced H.R. 2685, the ``Understanding Cybersecurity of
Mobile Networks Act,'' on April 20, 2021, which was referred to
the Committee on Energy and Commerce. Subsequently, on April
21, 2021, H.R. 2685 was referred to the Subcommittee on
Communications and Technology. A legislative hearing was held
on the bill on June 30, 2021.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2685 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Eshoo
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone (D-NJ), Chairman of
the Committee, to order H.R. 2685 reported favorably to the
House, amended, by a voice vote.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
2685, including a motion by Mr. Pallone ordering H.R. 2685
favorably reported to the House, amended.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to examine
and report on cybersecurity of mobile service networks and the
vulnerabilities of such networks to cyberattacks and
surveillance conducted by adversaries.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2685 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2685 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Understanding Cybersecurity of Mobile Networks Act.''
Sec. 2. Report on cybersecurity of mobile service networks
Subsection (a) directs the Assistant Secretary of Commerce
for Communications and Information (i.e., the Director of the
National Telecommunications and Information Administration), in
consultation with the Department of Homeland Security, to
submit to Congress, not later than one year after enactment, 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.
Subsection (b) requires the report to include (1) an
assessment of the degree to which providers of mobile service
have addressed cybersecurity vulnerabilities; (2) a discussion
of the degree to which customers consider cybersecurity; (3) a
discussion of best practices and risk assessment frameworks;
(4) an estimate and discussion of aspects of encryption and
authentication algorithms and techniques; (5) a discussion of
barriers to more efficacious encryption; (6) an estimate and
discussion of aspects of authentication; and (7) an estimate
and discussion of aspects of cell site simulators and other
surveillance technologies.
Subsection (c) requires the Assistant Secretary, in
preparing the report, to consult certain Federal agencies;
researchers; participants in multistakeholder standards
organizations; international stakeholders; industry
representatives; and other experts.
Subsection (d) provides certain limitations on the scope of
the report, including that the report shall exclude
consideration of 5G and limit vulnerabilities to those that
have been exploited or are feasibly exploitable.
Subsection (e) provides that the report shall be produced
in an unclassified form, shall redact potentially exploitable
unclassified information, and may contain a classified annex.
Subsection (f) authorizes to be appropriated $500,000 to
carry out this section.
Subsection (g) provides definitions for certain terms used
in the Act, including adversary, mobile communications
equipment or service, and mobile service.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
2685.
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