    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-144
    113th Congress

    An Act

    To promote consumer choice and wireless competition by permitting
    consumers to unlock mobile wireless devices, 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 ``Unlocking Consumer Choice and
    Wireless Competition Act''.
    SEC. 2. <>  REPEAL OF EXISTING RULE AND
    ADDITIONAL RULEMAKING BY LIBRARIAN OF
    CONGRESS.

    (a) Repeal and Replace.--As of the date of the enactment of this
    Act, paragraph (3) of section 201.40(b) of title 37, Code of Federal
    Regulations, as amended and revised by the Librarian of Congress on
    October 28, 2012, pursuant to the Librarian's authority under section
    1201(a) of title 17, United States Code, shall have no force and effect,
    and such paragraph shall read, and shall be in effect, as such paragraph
    was in effect on July 27, 2010.
    (b) <>  Rulemaking.--The
    Librarian of Congress, upon the recommendation of the Register of
    Copyrights, who shall consult with the Assistant Secretary for
    Communications and Information of the Department of Commerce and report
    and comment on his or her views in making such recommendation, shall
    determine, consistent with the requirements set forth under section
    1201(a)(1) of title 17, United States Code, whether to extend the
    exemption for the class of works described in section 201.40(b)(3) of
    title 37, Code of Federal Regulations, as amended by subsection (a), to
    include any other category of wireless devices in addition to wireless
    telephone handsets. The determination shall be made in the first
    rulemaking under section 1201(a)(1)(C) of title 17, United States Code,
    that begins on or after the date of enactment of this Act.

    (c) Unlocking at Direction of Owner.--Circumvention of a
    technological measure that restricts wireless telephone handsets or
    other wireless devices from connecting to a wireless telecommunications
    network--
    (1)(A) as authorized by paragraph (3) of section 201.40(b)
    of title 37, Code of Federal Regulations, as made effective by
    subsection (a); and
    (B) as may be extended to other wireless devices pursuant to
    a determination in the rulemaking conducted under subsection
    (b); or

    [[Page 1752]]

    (2) as authorized by an exemption adopted by the Librarian
    of Congress pursuant to a determination made on or after the
    date of enactment of this Act under section 1201(a)(1)(C) of
    title 17, United States Code,

    may be initiated by the owner of any such handset or other device, by
    another person at the direction of the owner, or by a provider of a
    commercial mobile radio service or a commercial mobile data service at
    the direction of such owner or other person, solely in order to enable
    such owner or a family member of such owner to connect to a wireless
    telecommunications network, when such connection is authorized by the
    operator of such network.
    (d) Rule of Construction.--
    (1) In general.--Except as expressly provided herein,
    nothing in this Act shall be construed to alter the scope of any
    party's rights under existing law.
    (2) Librarian of congress.--Nothing in this Act alters, or
    shall be construed to alter, the authority of the Librarian of
    Congress under section 1201(a)(1) of title 17, United States
    Code.

    (e) Definitions.--In this Act:
    (1) Commercial mobile data service; commercial mobile radio
    service.--The terms ``commercial mobile data service'' and
    ``commercial mobile radio service'' have the respective meanings
    given those terms in section 20.3 of title 47, Code of Federal
    Regulations, as in effect on the date of the enactment of this
    Act.
    (2) Wireless telecommunications network.--The term
    ``wireless telecommunications network'' means a network used to
    provide a commercial mobile radio service or a commercial mobile
    data service.
    (3) Wireless telephone handsets; wireless devices.--The
    terms ``wireless telephone handset'' and ``wireless device''
    mean a handset or other device that operates on a wireless
    telecommunications network.

    Approved August 1, 2014.

    LEGISLATIVE HISTORY--S. 517 (H.R. 1123):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-
    356 (Comm. on the Judiciary) accompanying H.R. 1123.
    SENATE REPORTS: No. 113-212 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    July 15, considered and passed Senate.
    July 25, considered and passed House.