Identity Protection Act

113th Congress

1st Session

S. ____

To provide a measure of protection from identity theft and fraud.

IN THE UNITED STATES SENATE

January 25, 2013

Mr. ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.

A BILL

To provide a measure of protection from identity theft and fraud, and other matters.

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 'Identity Protection Act'.

SEC. 2. FINDINGS AND AUTHORITY.

1. Congress finds that there is no constitutional authority to requre anyone to present any document or information one is not required to have, and that there is no constitutional authority to require anyone to have a name or other identification.

2. Congress fnds that it has no constitutional authority to make fraud a crime on exclusively state territory.

3. The authority for this act is the United States Constitution, Article I, Section 1, and the Fourteenth Amendment.

SEC. 3. ENACTMENT AND REPEALS.

The following shall be law as soon as enacted:

1. (a) No agency, department, contractor, party subject to federal regulation, or recipient of federal funds, shall require any person to present any government-issued number, name, or human-readable code string as identification, or to exercise any right, privilege, or immunity, or receive any benefit or service, and

(b) any such shall only be used internally to match records, and

(c) identification shall be based only on physuical or mental attributes or operations inseparable from the individual, or the testimony of a credible witness, connected by circles of trust.

2. The Act(s) codified at 42 USC 408 making it a crime to misstate a social security number are hereby repealed.

3. The courts of general jurisdiction of the United States shall hereby have jurisdiction to hear and decide claims by any person against another person doing business in another state or territory from his own for denying or impeding any service or benefit for failure to present any identification specified in 1(a) above, for damages and costs not less than the equivalent of one terajoule of energy.

SEC. 4. REMEDIATION.

Persons injured by the repelaed or amended acts while they were enacted shall be entitled to just compensation therefor, upon adjudication in the United States Court of Claims, or other court of competent jurisdiction.

END.