,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dhhf ,,in ,,the ,,house ,,of ,,representatives ,march #bc1 #bjaf ,ms4 ,speier introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require purchasers of pre-paid mobile devices or ,,sim cards to provide identification1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,closing the ,pre-,paid ,mobile ,device ,security ,gap ,act of #bjaf4 #b4 ,identification requirement ,prior to the completion of any sale of a pre-paid mobile device or ,,sim card to a purchaser1 an authorized reseller shall require the purchaser to provide the following information3 7#a7 ,the full name of the purchaser4 7#b7 ,the complete home address of the purchaser4 7#c7 ,the date of birth of the purchaser4 #c4 ,identification verification 7a7 ,in-,person sales ,an authorized reseller making a sale to a purchaser in person shall verify the purchaser information provided under section #b by requiring the purchaser to display either of the following3 7#a7 ,a photographic identification card issued by the ,federal ,government or a ,state government1 or a document considered acceptable for purposes of subparagraph 7,b71 7,c71 or 7,d7 of section #bgd;,a7b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a774 7#b7 ,any #b of the following3 7,a7 ,a ,form ,w-#b ,wage and ,tax ,statement received from the ,internal ,revenue ,service1 provided that such form has been received from the ,internal ,revenue ,service within the prior #ah months4 7,b7 ,a ,form #ajii ,social ,security ,benefit ,statement received from the ,social ,security ,administration1 provided that such form has been received from the ,social ,security ,administration within the prior #ah months4 7,c7 ,a ,form #ajii received from any other agency of the ,federal ,government other than the ,social ,security ,administration1 including the ,internal ,revenue ,service1 provided that such form has been received within the prior #ah months4 7,d7 ,any document containing personal identifying information that the ,attorney ,general finds1 by regulation1 to be acceptable for purposes of this section4 7b7 ,other sales ,an authorized reseller making a sale to a purchaser not in person shall verify the purchaser information provided under section #b by requiring the purchaser to submit the following information3 7#a7 ,valid credit or debit card account information4 7#b7 ,social ,security number4 7#c7 ,driver's license number4 7#d7 ,any other personal identifying information that the ,attorney ,general finds1 by regulation1 to be necessary for purposes of this section4 #d4 ,record making requirement ,upon completion of a sale of a pre-paid mobile device or ,,sim card1 an authorized reseller shall make a record of the sale that includes the following information3 7#a7 ,the information obtained from the purchaser under section #b1 and1 if applicable1 the information submitted by the purchaser under subsection 7b7 of section #c4 7#b7 ,the date of sale4 7#c7 ,the manufacturer of the pre-paid mobile device or ,,sim card4 7#d7 ,the wireless carrier that will provide wireless communication service to the pre-paid mobile device or ,,sim card4 7#e7 ,any assigned telephone number or other subscriber or account identifier known at the time of purchase4 7#f7 ,any of the following1 if applicable to the pre-paid mobile device or ,,sim card3 7,a7 ,international mobile equipment identifier number4 7,b7 ,electronic serial number4 7,c7 ,mobile equipment identifier4 7,d7 ,international mobile subscriber identifier4 7,e7 ,machine address code4 #e4 ,record transmission requirement 7a7 ,in general ,not later than #cj days after the sale of a pre-paid mobile device or ,,sim card1 an authorized reseller shall transmit the record of the sale made in accordance with section #d to the wireless carrier that will provide wireless communication service to the pre-paid mobile device or ,,sim card4 7b7 ,permissible means of transmission ,in complying with the requirements of subsection 7a71 an authorized reseller may transmit the sale record to the wireless carrier by means of secure electronic transmission4 #f4 ,recordkeeping requirement ,after an authorized reseller has transmitted a sale record to a wireless carrier in accordance with section #e1 the wireless carrier shall-- 7#a7 provide a transmission confirmation receipt to the authorized reseller1 after the receipt of which the authorized reseller shall dispose promptly of any retained copy of the record2 and 7#b7 retain the transmitted sale record in accordance with the privacy protections of section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7 for a period of #ah months or until the wireless carrier stops or otherwise discontinues providing service to the pre-paid mobile device or ,,sim card to which the sale record relates4 #g4 ,penalties 7a7 ,false or misleading statements ,a purchaser who knowingly provides false or misleading information when providing the identifying information and documents required under sections #b and #c shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years or1 if the offense involves international or domestic terrorism 7as defined in section #bcca of such title71 imprisoned not more than #h years1 or both4 ,if the matter relates to an offense under chapter #aji;,a1 #aji;,b1 #aaj1 or #aag1 or section #aeia of such title1 then the term of imprisonment imposed under this section shall be not more than #h years4 7b7 ,failure ,to comply 7#a7 ,in general ,the ,attorney ,general shall assess1 against an authorized reseller or wireless carrier who commits an offense under this ,act1 a civil penalty of #ej for each such offense4 7#b7 ,separate offense 7,a7 ,by authorized reseller ,the failure of an authorized reseller1 with respect to each separate sale of a pre-paid mobile device or ,,sim card1 to request purchaser identification under section #b1 to verify identification under section #c1 to make a record under section #d1 and to transmit a record under section #e1 shall constitute a separate offense4 7,b7 ,by wireless carrier ,the failure of a wireless carrier1 with respect to each separate sale of a pre-paid mobile device or ,,sim card for which the carrier receives the sale record transmitted under section #e1 to provide a transmission confirmation receipt under section #f7a71 and to retain the sale record under section #f7b71 shall constitute a separate offense4 7#c7 ,rule of construction ,nothing in this section may be construed to-- 7,a7 hold a wireless carrier liable for an offense under this ,act committed by an authorized reseller2 and 7,b7 hold an authorized reseller liable for an offense under this ,act committed by a wireless carrier4 #h4 ,related offenses 7a7 ,sale by unauthorized resellers 7#a7 ,in general ,it shall be unlawful for any person who is not an authorized reseller to sell a pre-paid mobile device or ,,sim card4 7#b7 ,penalty ,whoever knowingly violates paragraph 7#a7 shall be imprisoned for not more than #b years or fined under title #ah1 ,united ,states ,code1 or both4 7#c7 ,notice ,the ,attorney ,general shall make rules requiring a manufacturer or authorized reseller to notify a purchaser of a mobile device or ,,sim card of the offense and penalty established by this section4 7b7 ,commission of other crimes ,if a person knowingly uses a pre-paid mobile device or ,,sim card obtained by providing false or misleading information in violation of section #b or #c to commit a ,federal criminal offense1 the minimum term of imprisonment for such offense that is required under ,federal statute 7if any such minimum term is so required7 shall be increased by #a year4 #i4 ,preservation of ,state law ,nothing in this ,act is intended to preempt additional ,state requirements with respect to the distribution and sale of mobile devices or ,,sim cards1 or to otherwise prevent or prohibit any ,state from enacting any such requirements4 #aj4 ,definitions ,in this ,act3 7#a7 ,authorized reseller ,the term authorized reseller means any person authorized by-- 7,a7 a manufacturer to sell the manufacturer's mobile devices or ,,sim cards2 or 7,b7 a wireless carrier to sell pre-paid mobile devices or ,,sim cards to which the wireless carrier will provide wireless communication service4 7#b7 ,pre-paid mobile device ,the term pre-paid mobile device means any cellular phone or similar wireless communication device for which the mobile device user purchases a set allotment of wireless communication service4 7#c7 ,,sim card ,the term ,,sim card means a subscriber identity module or functionally equivalent data storage device4 7#d7 ,wireless carrier ,the term wireless carrier means a provider of wireless communication service4 7#e7 ,wireless communication service ,the term wireless communication service means commercial mobile service 7as defined in section #ccb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb77 or commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja774