I 
114TH CONGRESS 
2D SESSION 
H. R. 4886 
To require purchasers of pre-paid mobile devices or SIM cards to provide 
identification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2016 
Ms. SPEIER introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on the Judi-
ciary, for a period to be subsequently determined by the Speaker, 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 identification, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Closing the Pre-Paid 
Mobile Device Security Gap Act of 2016’’. 
SEC. 2. IDENTIFICATION REQUIREMENT. 
Prior to the completion of any sale of a pre-paid mo-
bile device or SIM card to a purchaser, an authorized re-
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seller shall require the purchaser to provide the following 
information: 
(1) The full name of the purchaser. 
(2) The complete home address of the pur-
chaser. 
(3) The date of birth of the purchaser. 
SEC. 3. IDENTIFICATION VERIFICATION. 
(a) IN-PERSON SALES.—An authorized reseller mak-
ing a sale to a purchaser in person shall verify the pur-
chaser information provided under section 2 by requiring 
the purchaser to display either of the following: 
(1) A photographic identification card issued by 
the Federal Government or a State government, or 
a document considered acceptable for purposes of 
subparagraph (B), (C), or (D) of section 274A(b)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1324a(b)(1)). 
(2) Any 2 of the following: 
(A) A Form W–2 Wage and Tax State-
ment received from the Internal Revenue Serv-
ice, 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 
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Administration, provided that such form has 
been received from the Social Security Adminis-
tration 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 Gen-
eral 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 pur-
chaser information provided under section 2 by requiring 
the purchaser to submit the following information: 
(1) Valid credit or debit card account informa-
tion. 
(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. 
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SEC. 4. 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 pur-
chaser under section 2, and, if applicable, the infor-
mation submitted by the purchaser under subsection 
(b) of section 3. 
(2) The date of sale. 
(3) The manufacturer of the pre-paid mobile 
device or SIM card. 
(4) The wireless carrier that will provide wire-
less 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 identi-
fier number. 
(B) Electronic serial number. 
(C) Mobile equipment identifier. 
(D) International mobile subscriber identi-
fier. 
(E) Machine address code. 
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SEC. 5. RECORD TRANSMISSION REQUIREMENT. 
(a) IN GENERAL.—Not later than 30 days after the 
sale of a pre-paid mobile device or SIM card, an author-
ized reseller shall transmit the record of the sale made 
in accordance with section 4 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 au-
thorized reseller may transmit the sale record to the wire-
less carrier by means of secure electronic transmission. 
SEC. 6. RECORDKEEPING REQUIREMENT. 
After an authorized reseller has transmitted a sale 
record to a wireless carrier in accordance with section 5, 
the 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 accord-
ance 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 car-
rier stops or otherwise discontinues providing service 
to the pre-paid mobile device or SIM card to which 
the sale record relates. 
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SEC. 7. PENALTIES. 
(a) FALSE OR MISLEADING STATEMENTS.—A pur-
chaser who knowingly provides false or misleading infor-
mation when providing the identifying information and 
documents required under sections 2 and 3 shall be fined 
under title 18, United States Code, imprisoned not more 
than 5 years or, if the offense involves international or 
domestic terrorism (as defined in section 2331 of such 
title), imprisoned not more than 8 years, or both. If the 
matter relates to an offense under chapter 109A, 109B, 
110, or 117, or section 1591 of such title, then the term 
of imprisonment imposed under this section shall be not 
more than 8 years. 
(b) FAILURE TO COMPLY.— 
(1) IN GENERAL.—The Attorney General shall 
assess, against an authorized reseller or wireless car-
rier who commits an offense under this Act, a civil 
penalty of $50 for each such offense. 
(2) SEPARATE OFFENSE.— 
(A) BY
AUTHORIZED
RESELLER.—The 
failure of an authorized reseller, with respect to 
each separate sale of a pre-paid mobile device 
or SIM card, to request purchaser identification 
under section 2, to verify identification under 
section 3, to make a record under section 4, 
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and to transmit a record under section 5, shall 
constitute a separate offense. 
(B) BY WIRELESS CARRIER.—The failure 
of a wireless carrier, with respect to each sepa-
rate sale of a pre-paid mobile device or SIM 
card for which the carrier receives the sale 
record transmitted under section 5, to provide 
a transmission confirmation receipt under sec-
tion 6(1), and to retain the sale record under 
section 6(2), shall constitute a separate offense. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to— 
(A) hold a wireless carrier liable for an of-
fense under this Act committed by an author-
ized reseller; and 
(B) hold an authorized reseller liable for 
an offense under this Act committed by a wire-
less carrier. 
SEC. 8. RELATED OFFENSES. 
(a) SALE BY UNAUTHORIZED RESELLERS.— 
(1) IN GENERAL.—It shall be unlawful for any 
person who is not an authorized reseller to sell a 
pre-paid mobile device or SIM card. 
(2) PENALTY.—Whoever knowingly violates 
paragraph (1) shall be imprisoned for not more than 
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2 years or fined under title 18, United States Code, 
or both. 
(3) 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 sec-
tion. 
(b) COMMISSION OF OTHER CRIMES.—If a person 
knowingly uses a pre-paid mobile device or SIM card ob-
tained by providing false or misleading information in vio-
lation of section 2 or 3 to commit a Federal criminal of-
fense, the minimum term of imprisonment for such offense 
that is required under Federal statute (if any such min-
imum term is so required) shall be increased by 1 year. 
SEC. 9. 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 cards, or to otherwise pre-
vent or prohibit any State from enacting any such require-
ments. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) AUTHORIZED RESELLER.—The term ‘‘au-
thorized reseller’’ means any person authorized by— 
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(A) a manufacturer to sell the manufactur-
er’s mobile devices or SIM cards; or 
(B) a wireless carrier to sell pre-paid mo-
bile devices or SIM cards to which the wireless 
carrier will provide wireless communication 
service. 
(2) 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 service. 
(3) SIM CARD.—The term ‘‘SIM card’’ means 
a subscriber identity module or functionally equiva-
lent data storage device. 
(4) WIRELESS CARRIER.—The term ‘‘wireless 
carrier’’ means a provider of wireless communication 
service. 
(5) WIRELESS COMMUNICATION SERVICE.—The 
term ‘‘wireless communication service’’ means com-
mercial mobile service (as defined in section 332 of 
the Communications Act of 1934 (47 U.S.C. 332)) 
or commercial mobile data service (as defined in sec-
tion 6001 of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1401)). 
Æ 
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