[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3427 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3427

To institute an identification requirement for the purchase of pre-paid 
                            mobile devices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2010

Mr. Schumer (for himself and Mr. Cornyn) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To institute an identification requirement for the purchase of pre-paid 
                            mobile devices.

    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 ``Pre-Paid Mobile Device 
Identification Act''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``authorized reseller'' means any person 
        authorized by a--
                    (A) manufacturer to sell the manufacturer's mobile 
                devices or SIM cards; or
                    (B) wireless carrier to sell pre-paid mobile 
                devices or SIM cards to which the wireless carrier will 
                provide wireless cellular service;
            (2) 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 service;
            (3) the term ``SIM card'' means a subscriber identity 
        module or functionally equivalent data storage device; and
            (4) the term ``wireless carrier'' has the same meaning as 
        in section 6(4) of the Wireless Communications and Public 
        Safety Act of 1999 (47 U.S.C. 615b(4)).

SEC. 3. IDENTIFICATION REQUIREMENT.

    Prior to the completion of any sale of a pre-paid mobile device or 
SIM card to a purchaser, an authorized reseller shall require the 
purchaser to provide the following information:
            (1) The full name of the purchaser.
            (2) The complete home address of the purchaser.
            (3) The date of birth of the purchaser.

SEC. 4. IDENTIFICATION VERIFICATION.

    (a) In Person Sales.--An authorized reseller making a sale to a 
purchaser in person shall verify the purchaser information provided 
under section 3 by requiring the purchaser to display--
            (1) a photographic identification card issued by a Federal 
        or State government, or a document considered acceptable for 
        purposes of subparagraphs (B), (C), or (D) of section 
        274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1324a(b)(1)); or
            (2) any 2 of the following documents:
                    (A) A Form W-2 Wage and Tax Statement received from 
                the Internal Revenue Service, provided that such form 
                has been received from the Internal Revenue Service 
                within the prior 18 months.
                    (B) A Form 1099 Social Security Benefit Statement 
                received from the Social Security Administration, 
                provided that such form has been received from the 
                Social Security Administration within the prior 18 
                months.
                    (C) A Form 1099 received from any other agency of 
                the Federal Government other than the Social Security 
                Administration, including the Internal Revenue Service, 
                provided that such form has been received within the 
                prior 18 months.
                    (D) Any document containing personal identifying 
                information that the Attorney General finds, by 
                regulation, to be acceptable for purposes of this 
                section.
    (b) Other Sales.--An authorized reseller making a sale to a 
purchaser not in person shall verify the purchaser information provided 
under section 3 by requiring the purchaser to submit the following 
information:
            (1) Valid credit or debit card account information.
            (2) Social Security number.
            (3) Driver's license number.
            (4) Any other personal identifying information that the 
        Attorney General finds, by regulation, to be necessary for 
        purposes of this section.

SEC. 5. RECORD MAKING REQUIREMENT.

    Upon completion of a sale of a pre-paid mobile device or SIM card, 
an authorized reseller shall make a record of the sale that includes 
the following information:
            (1) The information obtained from the purchaser under 
        section 3, and, if applicable, the information submitted by the 
        purchaser under subsection (b) of section 4.
            (2) The date of sale.
            (3) The manufacturer of the pre-paid mobile device or SIM 
        card.
            (4) The wireless carrier that will provide wireless 
        communication service to the pre-paid mobile device or SIM 
        card.
            (5) Any assigned telephone number or other subscriber or 
        account identifier known at the time of purchase.
            (6) Any of the following, if applicable to the pre-paid 
        mobile device or SIM card:
                    (A) International mobile equipment identifier 
                number.
                    (B) Electronic serial number.
                    (C) Mobile equipment identifier.
                    (D) International mobile subscriber identifier.
                    (E) Machine address code.

SEC. 6. RECORD TRANSMISSION REQUIREMENT.

    (a) In General.--Not later than 30 days after the sale of a pre-
paid mobile device or SIM card, an authorized reseller shall transmit 
the record of the sale made in accordance with section 5 to the 
wireless carrier that will provide wireless communication service to 
the pre-paid mobile device or SIM card.
    (b) Permissible Means of Transmission.--In complying with the 
requirements of subsection (a), an authorized reseller may transmit the 
sale record to the wireless carrier by means of secure electronic 
transmission.

SEC. 7. RECORDKEEPING REQUIREMENT.

    After an authorized reseller has transmitted the sale record to the 
wireless carrier in accordance with section 6, a wireless carrier 
shall--
            (1) provide a transmission confirmation receipt to the 
        authorized reseller, after the receipt of which the authorized 
        reseller shall dispose promptly of any retained copy of the 
        record; and
            (2) retain the transmitted sale record in accordance with 
        the privacy protections of section 222 of the Communications 
        Act of 1934 (47 U.S.C. 222) for a period of 18 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 relates.

SEC. 8. PENALTIES.

    (a) For False or Misleading Statements.--A purchaser who provides 
false or misleading information when providing the identifying 
information and documents required under sections 3 and 4 shall be 
subject to criminal penalties under section 1001 of title 18, United 
States Code.
    (b) Failure To Comply.--
            (1) In general.--An authorized reseller or wireless carrier 
        who fails to comply with the requirements of this Act shall be 
        subject to a civil fine of $50 per offense.
            (2) Separate offense.--Each separate sale of a pre-paid 
        mobile device or SIM card for which purchaser identification is 
        not requested or verified in accordance with sections 3 and 4, 
        or for which the required record is not made or maintained in 
        accordance with sections 5 or 7, shall constitute a separate 
        offense.
            (3) Rule of construction.--For purposes of this section--
                    (A) a wireless carrier is not responsible for an 
                offense of an authorized reseller; and
                    (B) an authorized reseller is not responsible for 
                an offense of a wireless carrier.

SEC. 9. RELATED OFFENSES.

    (a) Sale by Nonauthorized Resellers.--
            (1) In general.--It shall be unlawful for any person who is 
        not an authorized reseller to sell pre-paid mobile devices or 
        SIM cards.
            (2) Penalty.--Any person that violates the prohibition set 
        forth under paragraph (1) shall be fined not more than $500, 
        imprisoned for not less than 1 year, or both.
            (3) Notice.--The Attorney General shall establish 
        regulations requiring manufacturers and authorized resellers to 
        notify purchasers of mobile devices and SIM cards of the 
        offense and penalty established by this section.
    (b) Commission of Other Crimes.--If a person uses a pre-paid mobile 
device or SIM card obtained in violation of this Act to commit a 
Federal criminal offense, the minimum term of imprisonment for such 
offense that is required under Federal statute shall be increased by 1 
year.

SEC. 10. PREEMPTION DISCLAIMER.

    Nothing in this Act is intended to preempt or otherwise prevent or 
prohibit any State of the power to enact additional requirements with 
respect to the distribution and sale of mobile devices or SIM cards.
                                 <all>