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Union Calendar No. 548

106TH CONGRESS

2D SESSION H. R. 4827

[Report No. 106–913]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 2000

Mr. HORN (for himself, Mr. MCCOLLUM, Mr. BARCIA, Ms. BERKLEY, Mr.

COOK, Mr. CLEMENT, Mr. GREEN of Texas, Mr. GARY MILLER of California, Mrs. MYRICK, Mr. RAMSTAD, Mr. SMITH of Washington, and Mr.

VISCLOSKY) introduced the following bill; which was referred to the Committee on the Judiciary

SEPTEMBER 28, 2000

Additional sponsors: Mr. INSLEE, Mr. KUYKENDALL, Mr. HOLDEN, Mr.

BEREUTER, Mr. PASCRELL, Mr. DREIER, Mr. BILBRAY, and Mr. CAMP

SEPTEMBER 28, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 12, 2000]

A BILL

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
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prevent the misuse of genuine and counterfeit police

badges by those seeking to commit a crime, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Enhanced Federal Secu5 rity Act of 2000’’.

6 SEC. 2. ENTRY BY FALSE PRETENSES TO ANY REAL PROP7 ERTY, VESSEL, OR AIRCRAFT OF THE UNITED

8 STATES, OR SECURE AREA OF AIRPORT.

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

10 States Code, is amended by adding at the end the following:

11 ‘‘§ 1036. Entry by false pretenses to any real property,

12 vessel, or aircraft of the United States or

13 secure area of any airport

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

15 or attempts to enter—

16 ‘‘(1) any real property belonging in whole or in

17 part to, or leased by, the United States;

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

19 in part to, or leased by, the United States; or

20 ‘‘(3) any secure area of any airport;

21 shall be punished as provided in subsection (b) of this sec22 tion.
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1 ‘‘(b) The punishment for an offense under subsection

2 (a) of this section is—

3 ‘‘(1) a fine under this title or imprisonment for

4 not more than five years, or both, if the offense is

5 committed with the intent to commit a felony; or

6 ‘‘(2) a fine under this title or imprisonment for

7 not more than six months, or both, in any other case.

8 ‘‘(c) As used in this section—

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

10 to which is restricted by the airport authority or a

11 public agency; and

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

13 such term in section 47102 of title 49.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 47 of title 18, United States Code,

16 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.’’.

17 SEC. 3. POLICE BADGES.

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

19 States Code, is amended by adding at the end the following:

20 ‘‘§ 716. Police badges

21 ‘‘(a) Whoever—

22 ‘‘(1) knowingly transfers, transports, or receives,

23 in interstate or foreign commerce, a counterfeit police

24 badge;
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1 ‘‘(2) knowingly transfers, in interstate or foreign

2 commerce, a genuine police badge to an individual,

3 knowing that such individual is not authorized to

4 possess it under the law of the place in which the

5 badge is the official badge of the police;

6 ‘‘(3) knowingly receives a genuine police badge

7 in a transfer prohibited by paragraph (2); or

8 ‘‘(4) being a person not authorized to possess a

9 genuine police badge under the law of the place in

10 which the badge is the official badge of the police,

11 knowingly transports that badge in interstate or for12 eign commerce;

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

14 six months, or both.

15 ‘‘(b) It is a defense to a prosecution under this section

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

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

18 ‘‘(2) for decorative purposes;

19 ‘‘(3) for a dramatic presentation, such as a the20 atrical, film, or television production; or

21 ‘‘(4) for any other recreational purpose.

22 ‘‘(c) As used in this section—

23 ‘‘(1) the term ‘genuine police badge’ means an of24 ficial badge issued by public authority to identify an
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1 individual as a law enforcement officer having police

2 powers; and

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

4 item that so resembles a police badge that it would de5 ceive an ordinary individual into believing it was a

6 genuine police badge.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of chapter 33 of title 18, United States Code,

9 is amended by adding at the end the following new item:

‘‘716. Police badges.’’.
Union Calendar No. 548

106TH CONGRESS

2D SESSION H. R. 4827

[Report No. 106–913]

A BILL

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 securearea of any airport, to prevent the misuse of genuine and counterfeit police badges by those seeking to commit a crime, and for other purposes.

SEPTEMBER 28, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed