In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Tax 
Simplification Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Simplifying the tax rules with respect to independent 
        contractors was the top vote-getter at the 1995 White House 
        Conference on Small Business. Conference delegates recommended 
        that Congress ``should recognize the legitimacy of an 
        independent contractor''. The Conference found that the current 
        common law is ``too subjective'' and called upon the Congress 
        to establish ``realistic and consistent guidelines''.
            (2) It is in the best interests of taxpayers and the 
        Federal Government to have fair and objective rules for 
        determining who is an employee and who is an independent 
        contractor.

SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT 
              EMPLOYEES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 
(general provisions relating to employment taxes) is amended by adding 
after section 3510 the following new section:

``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT 
              EMPLOYEES.

    ``(a) General Rule.--For purposes of this subtitle, and 
notwithstanding any provision of this subtitle to the contrary, if the 
requirements of subsections (b), (c), and (d) are met with respect to 
any service performed by any individual, then with respect to such 
service--
            ``(1) the service provider shall not be treated as an 
        employee,
            ``(2) the service recipient shall not be treated as an 
        employer, and
            ``(3) the payor shall not be treated as an employer.
    ``(b) Service Provider Requirements With Regard to Service 
Recipient.--For the purposes of subsection (a), the requirements of 
this subsection are met if the service provider, in connection with 
performing the service--
            ``(1) has a significant investment in assets and/or 
        training,
            ``(2) incurs significant unreimbursed expenses,
            ``(3) agrees to perform the service for a particular amount 
        of time or to complete a specific result and is liable for 
        damages for early termination without cause,
            ``(4) is paid primarily on a commissioned basis, or
            ``(5) purchases products for resale.
    ``(c) Additional Service Provider Requirements With Regard to 
Others.--For the purposes of subsection (a), the requirements of this 
subsection are met if--
            ``(1) the service provider--
                    ``(A) has a principal place of business,
                    ``(B) does not primarily provide the service in the 
                service recipient's place of business, or
                    ``(C) pays a fair market rent for use of the 
                service recipient's place of business; or
            ``(2) the service provider--
                    ``(A) is not required to perform service 
                exclusively for the service recipient, and
                    ``(B) in the year involved, or in the preceding or 
                subsequent year--
                            ``(i) has performed a significant amount of 
                        service for other persons,
                            ``(ii) has offered to perform service for 
                        other persons through--
                                    ``(I) advertising,
                                    ``(II) individual written or oral 
                                solicitations,
                                    ``(III) listing with registries, 
                                agencies, brokers, and other persons in 
                                the business of providing referrals to 
                                other service recipients, or
                                    ``(IV) other similar activities, or
                            ``(iii) provides service under a business 
                        name which is registered with (or for which a 
                        license has been obtained from) a State, a 
                        political subdivision of a State, or any agency 
                        or instrumentality of 1 or more States or 
                        political subdivisions.
    ``(d) Written Document Requirements.--For purposes of subsection 
(a), the requirements of this subsection are met if the services 
performed by the individual are performed pursuant to a written 
contract between such individual and the person for whom the services 
are performed, or the payor, and such contract provides that the 
individual will not be treated as an employee with respect to such 
services for purposes of this subtitle.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) If for any taxable year any service recipient or 
        payor fails to meet the applicable reporting requirements of 
        sections 6041(a), 6041A(a), or 6051 with respect to a service 
        provider, then, unless such failure is due to reasonable cause 
        and not willful neglect, this section shall not apply in 
        determining whether such service provider shall not be treated 
        as an employee of such service recipient or payor for such 
        year.
            ``(2) If the service provider is performing services 
        through an entity owned in whole or in part by such service 
        provider, then the references to `service provider' in 
        subsections (b) through (d) may include such entity, provided 
        that the written contract referred to in paragraph (1) of 
        subsection (d) may be with either the service provider or such 
        entity and need not be with both.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) Service provider.--The term `service provider' means 
        any individual who performs service for another person.
            ``(2) Service recipient.--Except as provided in paragraph 
        (5), the term `service recipient' means the person for whom the 
        service provider performs such service.
            ``(3) Payor.--Except as provided in paragraph (5), the term 
        `payor' means the person who pays the service provider for the 
        performance of such service in the event that the service 
        recipients do not pay the service provider.
            ``(4) In connection with performing the service.--The term 
        `in connection with performing the service' means in connection 
        or related to--
                    ``(A) the actual service performed by the service 
                provider for the service recipients or for other 
                persons for whom the service provider has performed 
                similar service, or
                    ``(B) the operation of the service provider's trade 
                or business.
            ``(5) Exceptions.--The terms `service recipient' and 
        `payor' do not include any entity which is owned in whole or in 
        part by the service provider.''
    (b) Clerical Amendment.--The table of sections for chapter 25 of 
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Standards for determining 
                                        whether individuals are not 
                                        employees.''
    (c) Effective Date.--The amendments made by this Act shall apply to 
services performed after December 31, 1995.

Ex Output:
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if:  (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Reform Act of 2016''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS.

    (a) Application of Industry Standards; Assistance.--Section 8103 of 
title 38, United States Code, is amended by adding at the end the 
following new subsections:
    ``(f) To the maximum extent practicable, the Secretary shall use 
industry standards, standard designs, and best practices in carrying 
out the construction of medical facilities.
    ``(g)(1) The Secretary shall provide to a non-Department Federal 
entity with which the Secretary has entered into an agreement under 
subsection (e)--
            ``(A) design, planning, and construction assistance before 
        the entity issues a request for proposals for the design or 
        construction of the super construction project covered by the 
        agreement;
            ``(B) any documents or information needed for the entity to 
        carry out the responsibilities of the entity with respect to 
        the super construction project; and
            ``(C) upon the request of the entity, any other assistance 
        that the entity determines necessary to carry out such 
        responsibilities.
    ``(2) Any assistance provided under paragraph (1) shall be provided 
to the non-Department Federal entity on a non-reimbursable basis.
    ``(h)(1) With respect to a proposed change to a contract entered 
into by a non-Department Federal entity with which the Secretary has 
entered into an agreement under subsection (e) that is estimated at a 
value of less than $250,000, the non-Department Federal entity shall 
issue a final decision regarding such change not later than 30 days 
after the date on which the change is proposed.
    ``(2) With respect to a proposed change to such a contract that is 
estimated at a value of $250,000 or more--
            ``(A) the Secretary may provide to the entity the 
        recommendations of the Secretary regarding such change;
            ``(B) during the 30-day period beginning on the date on 
        which the entity furnishes to the Secretary information 
        regarding such change, the Secretary may issue the final 
        decision regarding such change; and
            ``(C) if the Secretary does not issue a final decision 
        under subparagraph (B), during the 30-day period following the 
        period described in such paragraph, the entity shall issue a 
        final decision regarding such a change no later than 90 days 
        from when the entity furnished information regarding such a 
        change to the Secretary.
    ``(i) The Secretary shall ensure that each employee of the 
Department with responsibilities relating to the construction or 
alteration of medical facilities, including such construction or 
alteration carried out pursuant to contracts or agreements, undergoes a 
program of ongoing professional training and development. Such program 
shall be designed to ensure that employees maintain adequate expertise 
relating to industry standards and best practices for the acquisition 
of design and construction services. The Secretary may provide the 
program under this subsection through a contract or agreement with a 
non-Federal entity or with a non-Department Federal entity.''.
    (b) Limitation on Planning and Design for Super Construction 
Projects.--
            (1) In general.--Section 8104(a) of title 38, United States 
        Code, is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4);
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):
    ``(3) The Secretary may not obligate or expend funds for advance 
planning or design for any super construction project, until the date 
that is 60 days after the date on which the Secretary submits to the 
Committee on Veterans' Affairs and the Committee on Appropriations of 
the Senate and the Committee on Veterans' Affairs and the Committee on 
Appropriations of the House of Representatives notice of such 
obligation or expenditure.''; and
                    (C) in paragraph (4), as redesignated by paragraph 
                (1) of this subsection, by adding at the end the 
                following new subparagraph:
            ``(C) The term `super construction project' means a project 
        for the construction, alteration, or acquisition of a medical 
        facility involving a total expenditure of more than 
        $100,000,000, but such term does not include an acquisition by 
        exchange.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to a construction project that is 
        initiated on or after that date.
    (c) Congressional Approval of Certain Projects.--
            (1) Projects that exceed specified amount.--Subsection (c) 
        of section 8104 of title 38, United States Code, is amended to 
        read as follows:
    ``(c)(1) The Secretary may not obligate funds for a major medical 
facility project or a super construction project approved by a law 
described in subsection (a)(2) in an amount that would cause the total 
amount obligated for that project to exceed the amount specified in the 
law for that project (or would add to total obligations exceeding such 
specified amount) by more than 10 percent unless the Committee on 
Veterans' Affairs and the Committee on Appropriations of the Senate and 
the Committee on Veterans' Affairs and the Committee on Appropriations 
of the House of Representatives each approve in writing the obligation 
of those funds.
    ``(2) The Secretary shall--
            ``(A) enter into a contract with an appropriate non-
        department Federal entity with the ability to conduct forensic 
        audits on medical facility projects for the conduct of an 
        external forensic audit of the expenditures relating to any 
        major medical facility or super construction project for which 
        the total expenditures exceed the amount specified in the law 
        for the project by more than 25 percent; and
            ``(B) enter into a contract with an appropriate non-
        department Federal entity with the ability to conduct forensic 
        audits on medical facility projects for the conduct of an 
        external audit of the medical center construction project in 
        Aurora, Colorado.''.
            (2) Use of extra amounts.--Subsection (d) of such section 
        is amended--
                    (A) in paragraph (2)(B), in the matter preceding 
                clause (i), by striking ``Whenever'' and inserting 
                ``Before''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3) The Secretary may not obligate any funds described in 
paragraph (1) or amounts described in paragraph (2) before the date 
that is 30 days after the notification submitted under paragraph (1) or 
paragraph (2)(B), as the case may be, unless the Committee on Veterans' 
Affairs and the Committee on Appropriations of the Senate and the 
Committee on Veterans' Affairs and the Committee on Appropriations of 
the House of Representatives each approve in writing the obligation of 
those funds or amounts.''.
            (3) Notification requirements.--
                    (A) Committees required.--Subsection (d)(1) of such 
                section is amended by striking ``each committee'' and 
                inserting ``the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate and the 
                Committee on Veterans' Affairs and the Committee on 
                Appropriations of the House of Representatives''.
                    (B) Use of amounts from bid savings.--Subsection 
                (d)(2)(B) of such section is amended by adding at the 
                end the following new clause:
            ``(iv) With respect to the major construction project that 
        is the source of the bid savings--
                    ``(I) the amounts already obligated or available in 
                the project reserve for such project;
                    ``(II) the percentage of such project that has been 
                completed; and
                    ``(III) the amount of such bid savings that is 
                already obligated or otherwise being used for a purpose 
                other than such project.''.
    (d) Quarterly Report on Super Construction Projects.--
            (1) In general.--At the end of subchapter I of chapter 81 
        of title 38, United States Code, add the following new section:
``Sec. 8120. Quarterly report on super construction projects
    ``(a) Quarterly Reports Required.--Not later than 30 days after the 
last day of each fiscal quarter the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives on the super construction projects carried out by the 
Secretary during such quarter. Each such report shall include, for each 
such project--
            ``(1) the budgetary and scheduling status of the project, 
        as of the last day of the quarter covered by the report; and
            ``(2) the actual cost and schedule variances of the 
        project, as of such day, compared to the planned cost and 
        schedules for the project.
    ``(b) Super Construction Project Defined.--In this section, the 
term `super construction project' has the meaning given such term in 
section 8104(a)(4)(C) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of the chapter is amended by adding at the end of the 
        items relating to such subchapter the following new item:

``8120. Quarterly report on super construction projects.''.
    (e) Accelerated Master Planning for Each Medical Facility of the 
Department of Veterans Affairs.--
            (1) Existing facilities.--Not later than December 31, 2016, 
        the Secretary of Veterans Affairs shall complete a master plan 
        described in paragraph (3) for each medical facility of the 
        Department of Veterans Affairs.
            (2) New facilities.--For each medical facility of the 
        Department for which construction is completed after the date 
        of the enactment of this Act, the Secretary shall complete a 
        master plan described in paragraph (3) for the facility by not 
        later than the earlier of the following dates:
                    (A) The date on which activation is completed.
                    (B) The date of the formal dedication of the 
                facility.
            (3) Master plan described.--A master plan described in this 
        paragraph is, with respect to a medical facility of the 
        Department, a plan to inform investment decisions and funding 
        requests over a 10-year period for construction projects at 
        such medical facility--
                    (A) to meet the health care needs of a changing 
                veteran population through a combination of health care 
                from the Department and other community resources; and
                    (B) to maximize the best use of the land and 
                structures comprising such medical facility.

SEC. 3. ASSISTANT INSPECTOR GENERAL FOR CONSTRUCTION.

    (a) In General.--Chapter 3 of title 38, United States Code, is 
amended by inserting after section 312 the following new section:
``Sec. 312A. Assistant Inspector General for Construction
    ``(a) In General.--There is in the Office of Inspector General an 
Assistant Inspector General for Construction. The Assistant Inspector 
General for Construction is responsible for conducting, supervising, 
and coordinating audits, evaluations, and investigations of the 
planning, design, contracting, execution, and construction of 
facilities and infrastructure of the Department, including major and 
minor construction projects and leases.
    ``(b) Qualifications.--Each individual appointed as Assistant 
Inspector General for Construction shall be an individual who has 
expertise in construction and facilities management.
    ``(c) Reports.--(1) Not later than 60 days after the appointment of 
an individual as the Assistant Inspector General for Construction, and 
every calendar quarter thereafter, the Assistant Inspector General for 
Construction shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report summarizing the activities 
of the Assistant Inspector General for Construction during the 120-day 
period ending on the date of such report.
    ``(2) In addition to the report required in paragraph (1), and the 
requirements contained in section 5 of the Inspector General Act of 
1978 (5 U.S.C. App.), the Assistant Inspector General for Construction 
shall promptly provide to the Committees on Veterans' Affairs of the 
Senate and House of Representatives the findings of any investigation 
undertaken by the Assistant Inspector General for Construction, and 
shall notify the Committees promptly if the Assistant Inspector General 
for Construction identifies any serious or flagrant problem or 
deficiency relating to the administration or operation of any 
construction program of the Department, if, during the course of any 
investigation, the Assistant Inspector General for Construction 
determines that Congress should take immediate action.
    ``(3) Nothing in this subsection shall be construed to authorize 
the public disclosure of information that is--
            ``(A) specifically prohibited from disclosure by any other 
        provision of law;
            ``(B) specifically required by Executive Order to be 
        protected from disclosure in the interest of national defense 
        or national security or in the conduct of foreign affairs; or
            ``(C) a part of an ongoing criminal investigation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
312 the following new item:

``312A. Assistant Inspector General for Construction.''.

            Passed the House of Representatives February 9, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Ex Output:
Construction Reform Act of 2016 (Sec. 2) This bill requires the Department of Veterans Affairs (VA) to use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange).  The VA shall provide, on a non-reimbursable basis, a non-VA federal entity with: (1) design, planning, and construction assistance; (2) project documents; and (3) other assistance upon request.  With respect to a proposed change to a contract entered into by a non-VA federal entity with which the VA has entered into an agreement that is estimated at a value of less than $250,000, the entity shall issue a final decision regarding such change within 30 days.   With respect to a proposed contract change estimated at a value of $250,000 or more:    the VA may make recommendations to the entity;   the VA may issue the final decision regarding the change within 30 days after the entity proposes it; and   if the VA does not issue a final decision within 60 days after the entity proposes the contract change, the entity shall issue a final decision regarding the change no later than 90 days after it proposes the change.    The VA shall ensure that each VA employee with responsibilities relating to the construction or alteration of medical facilities undergoes ongoing professional training and development.   The VA is prohibited from:    obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification,  obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees approve the obligation, or  using bid savings amounts or funds for other than their original purpose before 30 days after notifying those committees unless each committee approves the obligation.   The VA shall enter into a contract with an appropriate non-department federal entity to conduct an external forensic audit of: (1) the medical center construction project in Aurora, Colorado; and (2) the expenditures relating to any major medical facility or super construction project when such expenditures exceed the amount approved by law by more than 25%.  The VA must complete a 10-year master plan for: (1) each existing VA medical facility by December 31, 2016, and (2) each new VA medical facility by not later than the earlier of the date on which activation is completed or the date of the facility's formal dedication.  (Sec. 3) There is established in the Office of Inspector General an Assistant Inspector General for Construction who shall be responsible for conducting, supervising, and coordinating audits, evaluations, and investigations of the planning, design, contracting, and construction of VA facilities and infrastructure, including major and minor construction projects and leases.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cell Phone Theft Prevention Act of 
2016''.

SEC. 2. SMART PHONE THEFT PREVENTION.

    (a) In General.--Part I of title III of the Communications Act of 
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the 
following:

``SEC. 343. SMART PHONE THEFT PREVENTION.

    ``(a) Provision of Service on Stolen Smart Phone.--
            ``(1) Prohibition.--A provider of commercial mobile service 
        or commercial mobile data service may not knowingly provide 
        service on a smart phone that--
                    ``(A) has been reported to such provider as stolen 
                by an authorized user of such phone; or
                    ``(B) is listed as stolen on the Central Equipment 
                Identity Register.
            ``(2) Reporting by service providers.--A provider of 
        commercial mobile service or commercial mobile data service to 
        which a smart phone is reported stolen by an authorized user of 
        such phone as described in paragraph (1)(A) shall transmit to 
        the Central Equipment Identity Register a notification that 
        such phone has been reported stolen. Such notification shall 
        include such information as is required for the identification 
        of such phone.
    ``(b) Anti-Theft Functionality; Mobile Device Identification 
Numbers.--A person may not manufacture for retail sale in the United 
States, or import into the United States for retail sale in the United 
States, a smart phone unless such phone is--
            ``(1) equipped with pre-loaded anti-theft functionality at 
        no additional cost to purchasers of such phone, or capable of 
        downloading anti-theft functionality that is available at no 
        additional cost to purchasers of such phone; and
            ``(2) equipped with a mobile device identification number.
    ``(c) Alteration or Removal of Mobile Device Identification Number; 
Prohibition of Sale of Stolen Smart Phones.--
            ``(1) Prohibition.--It shall be unlawful to--
                    ``(A) knowingly remove, obliterate, tamper with, or 
                alter the mobile device identification number of a 
                smart phone;
                    ``(B) knowingly use, produce, traffic in, have 
                control or custody of, or possess hardware or software, 
                knowing it has been configured to engage in the conduct 
                described in subparagraph (A); or
                    ``(C) knowingly sell a smart phone for which the 
                mobile device identification number is listed as stolen 
                on the Central Equipment Identity Register.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned not 
        more than 5 years, or both.
    ``(d) Rules of Construction.--
            ``(1) Additional technologies or services.--Nothing in this 
        section prohibits a provider of commercial mobile service or 
        commercial mobile data service, device manufacturer, or 
        operating system provider from offering a technology or service 
        in addition to the anti-theft functionality required by 
        subsection (b)(1).
            ``(2) Emergency communications.--Nothing in this section 
        requires the use of a technology that is incompatible with, or 
        renders it impossible to comply with, Federal or State law with 
        regard to--
                    ``(A) the provision of emergency services through 
                the 9-1-1 system, including text-to-9-1-1, bounce-back 
                messages, and location accuracy requirements;
                    ``(B) participation in the Wireless Emergency 
                Alerts system; or
                    ``(C) participation in other Federal, State, or 
                local emergency alert and public safety warning 
                systems.
            ``(3) No private right of action.--Nothing in this section 
        shall be construed to authorize any private right of action to 
        enforce any requirement of this section or any regulation 
        promulgated under this section.
    ``(e) Definitions.--In this section:
            ``(1) Anti-theft functionality.--The term `anti-theft 
        functionality' means, with respect to a smart phone, a 
        functionality provided by the manufacturer or operating system 
        provider that--
                    ``(A) once downloaded to the phone and initiated--
                            ``(i) has the capability, from a remote 
                        location--
                                    ``(I) to render the essential 
                                features of the phone inoperable to a 
                                person who is not an authorized user; 
                                and
                                    ``(II) to delete from the phone the 
                                personal information of the authorized 
                                users, except for any information 
                                necessary to permit the capability 
                                described in subclause (I) to be 
                                reversed as required by clause (ii); 
                                and
                            ``(ii) permits the capability described in 
                        clause (i)(I) to be reversed if an authorized 
                        user of the phone obtains possession of the 
                        phone after the essential features of the phone 
                        have been rendered inoperable by such 
                        capability; and
                    ``(B) may be designed so as to allow an authorized 
                user to opt out of implementing the capability 
                described in subparagraph (A)(i).
            ``(2) Authorized user.--The term `authorized user' means, 
        with respect to a smart phone--
                    ``(A) the person who holds the commercial mobile 
                service or commercial mobile data service account for 
                the phone;
                    ``(B) if the phone is a phone for which particular 
                amounts of service are purchased in advance, the person 
                who owns the phone; or
                    ``(C) any person who has been authorized by a 
                person described in subparagraph (A) or (B) to use the 
                phone.
            ``(3) Central equipment identity register.--The term 
        `Central Equipment Identity Register' means the list of mobile 
        device identification numbers that are associated with mobile 
        devices that have been reported as lost, stolen, faulty, or 
        otherwise unsuitable for use, and that is a part of the 
        International Mobile Equipment Identity Database maintained by 
        the GSM Association, or any equivalent or successor registry or 
        database.
            ``(4) Commercial mobile data service.--The term `commercial 
        mobile data service' has the meaning given such term in section 
        6001 of the Middle Class Tax Relief and Job Creation Act of 
        2012 (47 U.S.C. 1401).
            ``(5) Commercial mobile service.--The term `commercial 
        mobile service' has the meaning given such term in section 332.
            ``(6) Essential features.--The term `essential features' 
        means, with respect to a smart phone, features that provide the 
        capability for a user to use the phone for voice 
        communications, text messaging, Internet browsing, and 
        accessing and using software applications. Such term does not 
        include the features that provide the capability to operate the 
        anti-theft functionality or to use the phone for emergency 
        communications.
            ``(7) Mobile device identification number.--The term 
        `mobile device identification number' means an international 
        mobile equipment identity number, a mobile equipment 
        identifier, an electronic serial number, or any other number or 
        signal that identifies a specific mobile device and has the 
        same function and purposes as an international mobile equipment 
        identity number or a mobile equipment identifier.
            ``(8) Smart phone.--
                    ``(A) In general.--The term `smart phone' means a 
                hand-held mobile device that--
                            ``(i) possesses advanced computing 
                        capability;
                            ``(ii) is designed to enable the user to 
                        engage in voice communications using commercial 
                        mobile service;
                            ``(iii) is capable of operating on a long-
                        term evolution network or successor wireless 
                        data network communication standards; and
                            ``(iv) may possess capabilities that 
                        include built-in applications, Internet access, 
                        Internet browsing, digital voice service, text 
                        messaging, and e-mail.
                    ``(B) Exclusions.--Such term does not include a 
                phone that offers only a limited capability or set of 
                capabilities (such as placing voice calls and sending 
                text messages), a laptop computer, a tablet device, or 
                a device that has only electronic reading 
                capability.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        section 343 of the Communications Act of 1934, as added by 
        subsection (a) of this section, shall apply beginning on the 
        date that is 2 years after the date of the enactment of this 
        Act.
            (2) Anti-theft functionality; mobile device identification 
        numbers.--Subsection (b) of such section 343 shall apply with 
        respect to a smart phone that is manufactured on or after the 
        date that is 2 years after the date of the enactment of this 
        Act.

Ex Output:

Cell Phone Theft Prevention Act of 2016  This bill amends the Communications Act of 1934 to prohibit commercial mobile or data service providers from providing service on smart phones that: (1) have been reported to such provider as stolen by an authorized user, or (2) are listed as stolen on the Central Equipment Identity Register (CEIR). When a smart phone is reported stolen to a service provider, the provider must notify the CEIR with information necessary to identify the phone.  Smart phones must be equipped with: (1) preloaded antitheft functionality at no additional cost to purchasers, or be capable of downloading such functionality at no cost; and (2) a mobile device identification number.  A criminal penalty is established for anyone who violates prohibitions against: (1) removing, obliterating, tampering with, or altering a smart phone's mobile device identification number; (2) using, producing, trafficking in, having control or custody of, or possessing hardware or software, knowing it has been configured to engage in such identification number removal or alteration violations; or (3) selling a smart phone for which the identification number is listed as stolen on the CEIR.