[Congressional Record Volume 146, Number 120 (Monday, October 2, 2000)]
[House]
[Pages H8570-H8572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ENHANCED FEDERAL SECURITY ACT OF 2000

  Mr. CANADY of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4827) 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, as amended.
  The Clerk read as follows:

                               H.R. 4827

       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:

     ``Sec. 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 five 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 six 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.''.
       (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:

     ``Sec. 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

[[Page H8571]]

     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 
     six 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.''.
       (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.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Canady) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Canady).


                             General Leave

  Mr. CANADY of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 4827, the legislation under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. CANADY of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4827, the Enhanced Federal 
Security Act of 2000. H.R. 4827 will help make our Federal buildings 
and airports more secure by making it a Federal crime to enter or 
attempt to enter Federal property under false pretenses. Additionally, 
the bill will prohibit the trafficking in genuine and counterfeit 
police badges, which can be used by criminals, terrorists, and foreign 
intelligence agents to obtain unauthorized access to these secure 
facilities or to commit other crimes.
  The gentleman from California (Mr. Horn) introduced H.R. 4827 in 
July, and it was reported by voice vote from the Committee on the 
Judiciary on September 20. The gentleman from California drafted this 
bill in response to the findings of an oversight investigation 
conducted by the Subcommittee on Crime, made public at a hearing on May 
25 of this year, which revealed serious breaches of security at Federal 
buildings and airports.
  At that hearing, GAO special agents testified that, while posing as 
plainclothes law enforcement officers, they targeted and penetrated 19 
secure Federal buildings and two airports using fake police badges and 
credentials. In every case, these agents were able to enter agency 
buildings and secure airport areas while claiming to be armed and 
carrying briefcases, which were never searched, and were big enough to 
be packed with large quantities of explosives, chemical or biological 
agents. The agencies penetrated included the CIA, the Defense 
Department, the Pentagon, the FBI, the Justice Department, the State 
Department, and the Department of Energy.
  To address the serious threat to our national security posed by 
individuals carrying fake badges and credentials, H.R. 4827 would do 
two things. First, it would make it a Federal crime to enter or attempt 
to enter Federal property or the secure area of an airport under false 
pretenses. A person entering such property under false pretenses would 
be subject to a fine and up to 6 months in prison. Additionally, a 
person entering such property under false pretenses, with the intent to 
commit a felony, would be subject to a fine and up to 5 years in 
prison.
  H.R. 4827 would also prohibit trafficking in genuine and counterfeit 
police badges in interstate or foreign commerce. A person trafficking 
in police badges would be subject to a fine and up to 6 months in 
prison.
  The bill creates a defense to prosecution to protect those who 
possess a badge as a memento, in a collection or exhibit, for 
decorative purposes, for dramatic presentation, or for recreational 
purposes.
  Mr. Speaker, I want to thank the gentleman from California (Mr. Horn) 
for introducing this bill and the gentleman from Virginia (Mr. Scott) 
for working with us to improve it in the Committee on the Judiciary. 
This bill is an important step towards closing a major gap in security 
that currently exists at our Nation's most secure buildings and 
airports. We live in a time that some people call the age of terrorism. 
It is a time that calls for heightened vigilance and security. We must 
do all we can to thwart and punish those who would threaten our public 
safety and national security.
  Mr. Speaker, I urge all my colleagues to support this important piece 
of legislation.
  Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. 
Horn).
  Mr. HORN. Mr. Speaker, H.R. 4827, as the gentleman noted, seeks to 
prohibit those who abuse forms of false identification, including the 
law enforcement badge, from committing crimes against innocent people.
  This legislation prohibits entry under false pretense to Federal 
Government buildings and the secure area of any airport, but it also 
bans the interstate and foreign trafficking of counterfeit and genuine 
police badges among those not authorized to possess such a badge. There 
is no attempt to harm collectors in any way. These are just people that 
are crooks and are rapists, and there are a whole series of these.
  There is currently no Federal law dealing with counterfeit badges of 
State and local law enforcement agencies. Existing law only prohibits 
the unauthorized sale or possession of a Federal Government badge. H.R. 
4827 complements existing law by prohibiting the misuse of State and 
local law enforcement agency badges.
  This problem first came to my attention when David Singer, police 
chief of Signal Hill, a wonderful little community in my district, 
informed me how easy it is to obtain police badges. The local Fox 
television affiliate in Los Angeles conducted an undercover 
investigation in which the undercover reporter easily bought a fake Los 
Angeles Police Department badge, a California Highway Patrol badge, and 
a Signal Hill Police Department badge for relatively low cost.
  Earlier this year, at the request of the gentleman from Florida (Mr. 
McCollum), chairman of the Subcommittee on Crime of the Committee on 
the Judiciary, the General Accounting Office, as we all heard, 
conducted an undercover investigation of security in Federal Government 
buildings. This investigation revealed critical lapses in policy, and 
the gentleman from Florida (Mr. Canady) has covered that.
  These undercover agents flashed fake law enforcement badges, which 
were easily obtained through the Internet, to penetrate secure areas in 
19 government offices and two major airports. The General Accounting 
Office agents acquired the fake badges from public sources. Counterfeit 
law enforcement identification was created using commercially available 
information downloaded from the Internet. The ease with which the 
General Accounting Office agents were able to penetrate security 
suggests that the same opportunity exists for criminals to assume false 
identities and engage in criminal behavior.
  Fake badges are especially dangerous when used to commit crimes 
against innocent individuals who trust in the authority of law 
enforcement officials. In two separate incidents in Tampa, Florida, an 
unidentified man attempted to abduct a young boy by using a fake police 
badge. In Chicago, Illinois, police recently arrested a suspect who 
used a fake police badge to commit a series of home invasion and sexual 
assaults against women. Just last week a Newark man was charged with 
illegal weapons possession and impersonating an officer. After his 
arrest for drunken driving, an investigation revealed that he was using 
a fake Newark police badge to avoid arrest and mislead his family and 
friends.
  Although the bill is focused on curbing the criminal activity 
associated with misuse of the badge, concern has

[[Page H8572]]

 been voiced, as I noted earlier, by legitimate badge collectors, and 
we have met their concerns. H.R. 4827 includes exceptions for cases 
where the badge is used exclusively in a collection or exhibit, for 
decorative purposes, or for a dramatic presentation such as a theater 
film or television production.
  H.R. 4827 has bipartisan support as well as the support of the 
Fraternal Order of Police, the International Brotherhood of Police 
Officers, the California Peace Officers Association, and the California 
Narcotics Officers Association. Mr. Speaker, I urge my colleagues to 
support and pass H.R. 4827.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the Enhanced Federal Security Act of 2000, 
which addresses in part the vulnerabilities of Federal agencies, which 
were exposed by the May 2000 GAO investigatory report referred to by 
the gentleman from Florida (Mr. Canady).
  In its original form, this bill would make it a Federal crime to 
enter or attempt to enter Federal property or a secure area of an 
airport under false pretenses. The person who enters Federal property 
under false pretenses is subject to a fine of up to 2 years in prison. 
If such an entry were done with the intent to commit a crime, the 
person would be punished with a fine and up to 5 years in prison.
  The bill would also prohibit trafficking in police badges, whether 
real or counterfeit. A person trafficking in badges would be subject to 
a fine and up to 6 months in prison. A person is, however, permitted to 
possess a badge or badges in a collection or exhibit, for decorative 
purposes, or for dramatic presentations such as a theatrical film or 
television production.
  Mr. Speaker, at the Subcommittee on Crime's mark of this legislation, 
I indicated that, while I support the purpose of the bill, I had 
concerns regarding certain provisions. Following discussions between 
our staffs, the chairman of the subcommittee, the gentleman from 
Florida (Mr. McCollum), offered an amendment at the full committee 
which addressed my concerns and which were ultimately adopted by the 
Committee on the Judiciary.
  Specifically, the amendment reduced the possible term of imprisonment 
for simple trespass from 2 years to 6 months, a term which is 
consistent with other Federal criminal trespass provisions. Further, 
the amendment provides that the felony provisions under the law require 
entry by false pretenses with the intent to commit a felony, as opposed 
to any crime, which the original bill provided.
  Finally, the amendment makes it clear that transferring, 
transporting, or receiving a replica of a police badge as a memento or 
for recreational purposes, such as a toy, would not constitute a 
criminal offense under the bill.
  Mr. Speaker, with those changes, I believe that H.R. 4827 addresses 
the vulnerabilities of Federal agencies which were exposed in May of 
2000 without sacrificing individual liberties or imposing penalties out 
of proportion with the underlying crime. I, therefore, commend the 
gentleman from California (Mr. Horn), the chairman of the subcommittee, 
the gentleman from Florida (Mr. McCollum), and the gentleman from 
Florida (Mr. Canady) for their work on this matter; and I urge my 
colleagues to support the legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. CANADY of Florida. Mr. Speaker, I yield 2 minutes to the 
gentleman from Michigan (Mr. Camp).
  Mr. CAMP. Mr. Speaker, I thank the gentleman from Florida for 
yielding me this time.
  Mr. Speaker, I would like to thank the gentleman from Illinois (Mr. 
Hyde), chairman of the Committee on the Judiciary, for all of his work, 
and the work of the entire committee for their work on this bill. I 
would also like to thank the gentleman from California (Mr. Horn) for 
his leadership in writing and drafting this bill. It is really about 
the safety of our citizens, and I believe he should be duly recognized 
for his efforts.

                              {time}  1545

  On June 29, the gentleman from California (Mr. Horn) brought H.R. 
4827 before the Speaker's Advisory Group on Corrections. The 
Corrections Group is a bipartisan group that seeks to fix, update or 
repeal outdated or unnecessary laws, rules or regulations. This bill 
received unanimous support from the Corrections Advisory Group.
  Earlier this year, agents of the General Accounting Office were able 
to enter Government buildings with ease by flashing fake badges and 
pretending to be law enforcement officers. These agents used badges 
purchased over the Internet. The agents passed through security at two 
airports without going through the regular security measures. Agents 
were also able to enter the Justice Department, State Department, FBI 
Headquarters, and the Pentagon.
  H.R. 4827 would prohibit the transfer, transport or receiving in 
interstate or foreign commerce of a counterfeit or a genuine police 
badge to an individual not authorized to possess such a badge. The bill 
would also make it a crime to enter a Government building under false 
pretenses.
  I am proud as chairman of the Advisory Group and as a cosponsor to be 
here today speaking in favor of H.R. 4827 and would urge support of 
this measure.
  Mr. CANADY of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to join in congratulating the gentleman from 
California (Mr. Horn) for his leadership. I would like to again thank 
the gentleman from Virginia (Mr. Scott) for his cooperation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, the light that has been shed 
on the Breaches of Security at Federal Agencies and Airports by the 
General Accounting Office's (GAO), Office of Special Investigation 
(OSI) is extremely disturbing to me. The GAO's security test of federal 
agencies resulted in the OSI being able to breach security at each of 
the nineteen federal agencies it visited, and two airports.
  Mr. Speaker, the Judiciary committee's investigation has highlighted 
the practicing of selling stolen and counterfeit police badges on the 
internet and other sources, and the potential to use these items for 
illegal purposes including breaching the security at through the 
vessels of our Nation's security is very alarming, to put it mildly, 
and has led us to hold very informative oversight hearings on these 
breaches.
  GAO agents testified that they breached the offices of several of the 
Administration's cabinet heads including the Pentagon, Department of 
Treasury and Department of Commerce. In each of these cases, the agents 
testified that after producing false badges purchased over the 
internet, they were waved through check points with their weapons and 
bags that could have contained explosive devices. In fact, the agents 
testified that on several occasions they were left unescorted as they 
wandered through the personal offices of several cabinet heads.
  Under the bill, anyone who enters federal property or a secure 
airport by posing as a police officer would be subject to a fine and up 
to 6 months in prison. If that person intends to commit a felony, the 
felony would be a fine and up to 5 years in prison.
  H.R. 4827 also prohibits transfer, transport or receipt of a 
counterfeit police badge through interstate or foreign commerce and 
provides a penalty of a fine and up to 6 months in prison for doing so. 
This prohibition also applies to individuals who transfer a real police 
badge to someone who is not authorized to have it.
  Mr. Speaker, I support this legislation and urge my colleagues to 
pass this common-sense bill. We must not delay to act when the security 
of our Nation's fortress is in question.
  Mr. CANADY of Florida. Mr. Speaker, having no further requests for 
time, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Florida (Mr. Canady) that the House 
suspend the rules and pass the bill, H.R. 4827, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________