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Billno should always have and extension i.e. h1.ih

S 731 IS

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

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

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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