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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1123 Reported in House (RH)]

                                                 Union Calendar No. 264
113th CONGRESS
  2d Session
                                H. R. 1123

                          [Report No. 113-356]

   To promote consumer choice and wireless competition by permitting 
  consumers to unlock mobile wireless devices, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2013

 Mr. Goodlatte (for himself, Mr. Conyers, Mr. Coble, Mr. Watt, Mr. Poe 
  of Texas, and Ms. DelBene) introduced the following bill; which was 
               referred to the Committee on the Judiciary

                           February 25, 2014

Additional sponsors: Ms. Lofgren, Mr. Johnson of Georgia, Mr. Jeffries, 
                     Mr. Chaffetz, and Ms. McCollum

                           February 25, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Unlocking Consumer Choice 
and Wireless Competition Act''.</DELETED>

<DELETED>SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY 
              LIBRARIAN OF CONGRESS.</DELETED>

<DELETED>    (a) Repeal and Replace.--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 
his 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.</DELETED>
<DELETED>    (b) Rulemaking.--Not later than 1 year after the date of 
enactment of this Act, 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.</DELETED>
<DELETED>    (c) Rule of Construction.--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.</DELETED>

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.--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, subject to 
subsections (c) and (d).
    (b) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, 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) of this section, to include 
any other category of wireless devices in addition to wireless 
telephone handsets.
    (c) Unlocking at Direction of Purchaser or Family Member.--With 
respect to paragraph (3) of section 201.40(b) of title 37, Code of 
Federal Regulations, as made effective by subsection (a) of this 
subsection, and with respect to any other category of wireless devices, 
in addition to wireless telephone handsets, with respect to which, as 
determined by the Librarian of Congress in a rulemaking conducted under 
subsection (b) or otherwise under section 1201(a)(1)(C) of title 17, 
United States Code, circumvention of a computer program by the owner of 
a copy of the program is permitted solely in order to connect to a 
wireless communications network when such connection is authorized by 
the operator of such network, in the case of a purchaser of such 
handset or device for personal use, such circumvention may be initiated 
by the purchaser, by a family member of such purchaser, or by another 
person at the direction of such purchaser or family member, for the 
sole use or benefit of such purchaser or family member.
    (d) Rule of Construction.--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, including the 
authority, with respect to the applicable 3-year period, to modify or 
delete paragraph (3) of section 201.40(b) of title 37, Code of Federal 
Regulations, or modify or delete any category of wireless devices 
exempted under subsection (b) of this section.
                                                 Union Calendar No. 264

113th CONGRESS

  2d Session

                               H. R. 1123

                          [Report No. 113-356]

_______________________________________________________________________

                                 A BILL

   To promote consumer choice and wireless competition by permitting 
  consumers to unlock mobile wireless devices, and for other purposes.

_______________________________________________________________________

                           February 25, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```