[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 731

       To prohibit fraud and related activity in connection with 
            authentication features, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2003

 Mr. Biden (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To prohibit fraud and related activity in connection with 
            authentication features, and for other purposes.

    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 ``Secure Authentication Feature and 
Enhanced Identification Defense Act of 2003'' or ``SAFE ID Act''.

SEC. 2. FRAUD AND FALSE STATEMENTS.

    (a) Offenses.--Section 1028(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``, authentication 
        feature,'' after ``an identification document'';
            (2) in paragraph (2)--
                    (A) by inserting ``, authentication feature,'' 
                after ``an identification document''; and
                    (B) by inserting ``or feature'' after ``such 
                document'';
            (3) in paragraph (3), by inserting ``, authentication 
        features,'' after ``possessor)'';
            (4) in paragraph (4)--
                    (A) by inserting ``, authentication feature,'' 
                after ``possessor)''; and
                    (B) by inserting ``or feature'' after ``such 
                document'';
            (5) in paragraph (5), by inserting ``or authentication 
        feature'' after ``implement'' each place that term appears;
            (6) in paragraph (6)--
                    (A) by inserting ``or authentication feature'' 
                before ``that is or appears'';
                    (B) by inserting ``or authentication feature'' 
                before ``of the United States'';
                    (C) by inserting ``or feature'' after ``such 
                document''; and
                    (D) by striking ``or'' at the end;
            (7) in paragraph (7), by inserting ``or'' after the 
        semicolon; and
            (8) by inserting after paragraph (7) the following:
            ``(8) knowingly traffics in false authentication features 
        for use in false identification documents, document-making 
        implements, or means of identification;''.
    (b) Penalties.--Section 1028(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``, authentication 
                        feature,'' before ``or false''; and
                            (ii) in clause (i), by inserting ``or 
                        authentication feature'' after ``document''; 
                        and
                    (B) in subparagraph (B), by inserting ``, 
                authentication features,'' before ``or false''; and
            (2) in paragraph (2)(A), by inserting ``, authentication 
        feature,'' before ``or a false''.
    (c) Circumstances.--Section 1028(c)(1) of title 18, United States 
Code, is amended by inserting ``, authentication feature,'' before ``or 
false'' each place that term appears.
    (d) Definitions.--Section 1028(d) of title 18, United States Code, 
is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), 
        (10), and (11), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) the term `authentication feature' means any hologram, 
        watermark, certification, symbol, code, image, sequence of 
        numbers or letters, or other feature that either individually 
        or in combination with another feature is used by the issuing 
        authority on an identification document, document-making 
        implement, or means of identification to determine if the 
        document is counterfeit, altered, or otherwise falsified;'';
            (3) in paragraph (4)(A), as redesignated, by inserting ``or 
        was issued under the authority of a governmental entity but was 
        subsequently altered for purposes of deceit'' after ``entity'';
            (4) by inserting after paragraph (4), as redesignated, the 
        following:
            ``(5) the term `false authentication feature' means an 
        authentication feature that--
                    ``(A) is genuine in origin, but, without the 
                authorization of the issuing authority, has been 
                tampered with or altered for purposes of deceit;
                    ``(B) is genuine, but has been distributed, or is 
                intended for distribution, without the authorization of 
                the issuing authority and not in connection with a 
                lawfully made identification document, document-making 
                implement, or means of identification to which such 
                authentication feature is intended to be affixed or 
                embedded by the respective issuing authority; or
                    ``(C) appears to be genuine, but is not;
            ``(6) the term `issuing authority'--
                    ``(A) means any governmental entity or agency that 
                is authorized to issue identification documents, means 
                of identification, or authentication features; and
                    ``(B) includes the United States Government, a 
                State, a political subdivision of a State, a foreign 
                government, a political subdivision of a foreign 
                government, or an international government or quasi-
                governmental organization;'';
            (5) in paragraph (10), as redesignated, by striking ``and'' 
        at the end;
            (6) in paragraph (11), as redesignated, by striking the 
        period at the end and inserting ``; and''; and
            (7) by adding at the end the following:
            ``(12) the term `traffic' means--
                    ``(A) to transport, transfer, or otherwise dispose 
                of, to another, as consideration for anything of value; 
                or
                    ``(B) to make or obtain control of with intent to 
                so transport, transfer, or otherwise dispose of.''.
    (e) Additional Penalties.--Section 1028 of title 18, United States 
Code, is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Forfeiture; Disposition.--In the circumstance in which any 
person is convicted of a violation of subsection (a), the court shall 
order, in addition to the penalty prescribed, the forfeiture and 
destruction or other disposition of all illicit authentication 
features, identification documents, document-making implements, or 
means of identification.''.
    (f) Technical and Conforming Amendment.--Section 1028 of title 18, 
United States Code, is amended in the heading by inserting ``, 
authentication features,'' after ``documents''.
                                 <all>