II

106TH CONGRESS

2D SESSION H. R. 4827

IN THE SENATE OF THE UNITED STATES

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Received

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.
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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 Se5 curity 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 fol11 lowing:

12 ‘‘§ 1036. Entry by false pretenses to any real property,

13 vessel, or aircraft of the United States or

14 secure area of any airport

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

16 or attempts to enter—

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

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

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

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

21 ‘‘(3) any secure area of any airport,

22 shall be punished as provided in subsection (b) of this sec23 tion.

24 ‘‘(b) The punishment for an offense under subsection

25 (a) of this section is—
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1 ‘‘(1) a fine under this title or imprisonment for

2 not more than 5 years, or both, if the offense is

3 committed with the intent to commit a felony; or

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

5 not more than 6 months, or both, in any other case.

6 ‘‘(c) As used in this section—

7 ‘‘(1) the term ‘secure area’ means an area ac8 cess to which is restricted by the airport authority

9 or a public agency; and

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

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

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 47 of title 18, United States

14 Code, is amended by adding at the end the following new

15 item:

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

United States or secure area of any airport.’’.

16 SEC. 3. POLICE BADGES.

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

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘§ 716. Police badges

21 ‘‘(a) Whoever—

22 ‘‘(1) knowingly transfers, transports, or re23 ceives, in interstate or foreign commerce, a counter24 feit police badge;
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1 ‘‘(2) knowingly transfers, in interstate or for2 eign commerce, a genuine police badge to an indi3 vidual, knowing that such individual is not author4 ized to possess it under the law of the place in which

5 the 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 6 months, or both.

15 ‘‘(b) It is a defense to a prosecution under this sec16 tion that the badge is used or is intended to be used

17 exclusively—

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

19 ‘‘(2) for decorative purposes;

20 ‘‘(3) for a dramatic presentation, such as a the21 atrical, film, or television production; or

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

23 ‘‘(c) As used in this section—

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

25 official badge issued by public authority to identify
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1 an individual as a law enforcement officer having po2 lice powers; and

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

4 an item that so resembles a police badge that it

5 would deceive an ordinary individual into believing it

6 was a genuine police badge.’’.

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

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

9 Code, is amended by adding at the end the following new

10 item:

‘‘716. Police badges.’’.

Passed the House of Representatives October 2,

2000.

Attest: JEFF TRANDAHL,

Clerk.