PUBLIC LAW 106–547—DEC. 19, 2000

ENHANCED FEDERAL SECURITY ACT OF 2000

114 STAT. 2738 PUBLIC LAW 106–547—DEC. 19, 2000

Public Law 106–547

106th Congress

An Act

To amend title 18, United States Code, to prevent the entry by false pretenses

to any real property, vessel, or aircraft of the United States or secure area

of any airport, to prevent the misuse of genuine and counterfeit police badges

by those seeking to commit a crime, 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 ‘‘Enhanced Federal Security Act

of 2000’’.

SEC. 2. ENTRY BY FALSE PRETENSES TO ANY REAL PROPERTY,

VESSEL, OR AIRCRAFT OF THE UNITED STATES, OR

SECURE AREA OF AIRPORT.

(a) IN GENERAL.—Chapter 47 of title 18, United States Code,

is amended by adding at the end the following:

‘‘§ 1036. Entry by false pretenses to any real property, vessel,

or aircraft of the United States or secure area

of any airport

‘‘(a) Whoever, by any fraud or false pretense, enters or attempts

to enter—

‘‘(1) any real property belonging in whole or in part to,

or leased by, the United States;

‘‘(2) any vessel or aircraft belonging in whole or in part

to, or leased by, the United States; or

‘‘(3) any secure area of any airport,

shall be punished as provided in subsection (b) of this section.

‘‘(b) The punishment for an offense under subsection (a) of

this section is—

‘‘(1) a fine under this title or imprisonment for not more

than 5 years, or both, if the offense is committed with the

intent to commit a felony; or

‘‘(2) a fine under this title or imprisonment for not more

than 6 months, or both, in any other case.

‘‘(c) As used in this section—

‘‘(1) the term ‘secure area’ means an area access to which

is restricted by the airport authority or a public agency; and

‘‘(2) the term ‘airport’ has the meaning given such term

in section 47102 of title 49.’’.

Enhanced

Federal Security

Act of 2000.

18 USC 700 note.

Dec. 19, 2000

[H.R. 4827]

PUBLIC LAW 106–547—DEC. 19, 2000 114 STAT. 2739

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended

by adding at the end the following new item:

‘‘1036. Entry by false pretenses to any real property, vessel, or aircraft of the United

States or secure area of any airport.’’.

SEC. 3. POLICE BADGES.

(a) IN GENERAL.—Chapter 33 of title 18, United States Code,

is amended by adding at the end the following:

‘‘§ 716. Police badges

‘‘(a) Whoever— ‘‘(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit police badge; ‘‘(2) knowingly transfers, in interstate or foreign commerce,

a genuine police badge to an individual, knowing that such

individual is not authorized to possess it under the law of

the place in which the badge is the official badge of the police; ‘‘(3) knowingly receives a genuine police badge in a transfer

prohibited by paragraph (2); or ‘‘(4) being a person not authorized to possess a genuine

police badge under the law of the place in which the badge

is the official badge of the police, knowingly transports that

badge in interstate or foreign commerce,

shall be fined under this title or imprisoned not more than 6

months, or both. ‘‘(b) It is a defense to a prosecution under this section that

the badge is used or is intended to be used exclusively—

‘‘(1) as a memento, or in a collection or exhibit;

‘‘(2) for decorative purposes;

‘‘(3) for a dramatic presentation, such as a theatrical, film,

or television production; or

‘‘(4) for any other recreational purpose.

‘‘(c) As used in this section—

‘‘(1) the term ‘genuine police badge’ means an official badge

issued by public authority to identify an individual as a law

enforcement officer having police powers; and

‘‘(2) the term ‘counterfeit police badge’ means an item that

so resembles a police badge that it would deceive an ordinary

individual into believing it was a genuine police badge.’’.

114 STAT. 2740 PUBLIC LAW 106–547—DEC. 19, 2000

LEGISLATIVE HISTORY—H.R. 4827:

HOUSE REPORTS: No. 106–913 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 2, considered and passed House.

Dec. 6, considered and passed Senate.

Æ

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 33 of title 18, United States Code, is amended

by adding at the end the following new item:

‘‘716. Police badges.’’.

Approved December 19, 2000.