[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''.
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