[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Pages S4520-S4521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Hatch):
  S. 731. A bill to prohibit fraud and related activity in connection 
with authentication features, and for other purposes; to the Committee 
on the Judiciary.

[[Page S4521]]

  Mr. BIDEN. Mr. President, I rise today, along with Senator Hatch, to 
introduce the Secure Authentication Feature and Enhanced Identification 
Defense Act of 2003, also known as the ``SAFE ID'' Act. My good friend, 
the Senior Senator from Utah, is joining me on this important piece of 
legislation.
  Two of the terrorists who perpetrated the acts of 9/11 held false 
identification documents, which they purchased from a broker of false 
IDs. That broker was convicted, but sentenced merely to probation. The 
judge and the prosecutor publicly lamented that the law did not subject 
such a person to harsher penalties. These events focused new attention 
on an existing, growing problem--the ease with which individuals and 
organizations can forge and steal IDs and use them to harm our society. 
These circumstances weaken our efforts in the fight against terrorism; 
identity theft; underage drinking and drunk driving; driver's license, 
passport and birth certificate fraud, among others. In the post-9/11 
era, we must do more to prevent the creation of false, misleading or 
inaccurate government IDs. This has become an issue of national 
importance and therefore merits a national response.
  In recent years, the ability of criminals to produce authentic-
looking fake IDs has grown immensely. Today, unfortunately, it is 
becoming increasingly common for criminals to either steal or forge, 
and traffic in, the very items that issuing authorities use to verify 
the authenticity of their IDs. These ``authentication features'' are 
the holograms, watermarks, and other symbols, letters and codes used in 
identification documents to prove that they are authentic. 
Unfortunately, today IDs carrying authentication features can be 
purchased on the Internet or through mail order outfits. In addition, 
breeder documents, such as birth certificates, are desk-top published, 
with an illegitimate embossed or foil seal. Put another way, not only 
do crooks forge identification documents, they also now illegally fake 
or steal the very features issuing authorities use to fight that crime.
  Under current law, it is not illegal to possess, traffic in, or use 
false or misleading authentication features whose purpose is to create 
fraudulent IDs. That is why I am today introducing the SAFE ID Act.
  The SAFE ID Act would prohibit the fraudulent use of authentication 
features in identity documents. Specifically, the SAFE ID Act adds 
authentication features to the list of items covered by 10 U.S.C. 
1028(a), an existing law prohibiting fraud and related activity in 
connection with identification documents. In addition, the Act requires 
forfeiture of any violative items, such as false authentication 
features and relevant equipment.
  It is rare that we have before us legislation that would effectively 
address problems as disparate as homeland defense, identity theft and 
underage drinking. The SAFE ID Act would do just that, by cutting the 
legs out from under those who would misuse technology to mislead 
government authorities.
  I look forward to working with Senator Hatch, Chairman of the 
Judiciary Committee, and my other colleagues, to secure consideration 
and passage of this bill.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 731

       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 of 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''.
                                 ______