[House Report 106-913]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-913

======================================================================



 
                 ENHANCED FEDERAL SECURITY ACT OF 2000

                                _______
                                

 September 28, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4827]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 4827) amending 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Committee Consideration..........................................     4
Votes of the Committee...........................................     4
Committee Oversight Findings.....................................     4
Committee on Government Reform Findings..........................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     6
Changes in Existing Law Made by the Bill, as Reported............     6

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 
        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.''.

                          Purpose and Summary

    The purpose of H.R. 4827, the ``Enhanced Federal Security 
Act of 2000,'' is twofold. First, it is to reduce the threat to 
security in Federal buildings, Federal vessels and aircraft, 
and airports that is posed by criminals, terrorists, and 
foreign agents seeking to gain unauthorized access to these 
places to commit criminal acts. Second, it is to prohibit the 
sale and distribution of genuine and counterfeit police badges 
to individuals who might use them for criminal purposes. 
Specifically, H.R. 4827 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 a 
dramatic presentation, or for recreational purposes.

                Background and Need for the Legislation

    On May 25, 2000, the Subcommittee on Crime conducted an 
oversight hearing to examine serious breaches of security that 
occurred at 19 secure Federal buildings and two airports during 
the course of an undercover investigation conducted by the 
Office of Special Investigations (OSI) of the General 
Accounting Office. During the investigation, OSI Special Agents 
posed as plain-clothed law enforcement officers and displayed 
fake badges and credentials to gain access to these secure 
buildings and facilities. In every case, the agents were able 
to enter agency buildings 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 and buildings 
penetrated included the CIA, the Pentagon, the FBI, the 
Department of Justice, the Department of State, and the 
Department of Energy.
    Upon displaying their fake badges and credentials, the 
agents were simply waived around the metal detectors at each 
building or airport. In many cases, the agents had the run of 
the buildings once they were inside, including gaining access 
to the offices of department secretaries. In one case, agents 
drove a rental van into the courtyard of the headquarters of 
the Department of Justice without the van being inspected or 
searched. The van was parked in the courtyard, and the agents 
left it while they went inside the building. For the two 
airports whose security was compromised, agents obtained 
boarding passes and firearm permits to carry weapons onboard 
the flights for which they had purchased tickets. Like the 
Federal buildings they entered, they carried briefcases that 
were never x-rayed. They walked up to the doors that led to 
airplanes and could have boarded the planes had they chose to 
do so.
    At the May 25 hearing, the subcommittee also received 
testimony on the ready availability to the public of genuine 
and counterfeit law enforcement badges both on the Internet and 
at antique shows and gun shows. Once a genuine or counterfeit 
badge is obtained by a criminal or terrorist, it can be 
combined with a falsified identification card that can easily 
be created using graphics software downloaded free from the 
Internet. The badge and fake identification card can then be 
inserted into a small leather case to create a realistic 
looking law enforcement badge and credentials, which can then 
be used to gain unauthorized access to secure government 
buildings or for other illicit or illegal purposes.

                        Committee Consideration

    On September 20, 2000, the Committee on the Judiciary met 
in open session and ordered reported favorably the bill H.R. 
4827 as amended by voice vote, a quorum being present.

                         Votes of the Committee

    There were no recorded votes of the committee. Mr. McCollum 
offered an amendment that would make several substantive 
changes to the changes to the bill as introduced. The amendment 
was agreed to by voice vote. The chairman moved to favorably 
report H.R. 4827, as amended, to the House. The motion was 
agreed to by voice vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based in 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the committee sets forth, with 
respect to the bill H.R. 4827, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2000.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4827, the Enhanced 
Federal Security Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                          Dan L. Crippen, Director.
Enclosure.
H.R. 4827--Enhanced Federal Security Act of 2000.
    CBO estimates that implementing H.R. 4827 would not result 
in any significant cost to the federal government. Because 
enactment of H.R. 4827 could affect direct spending and 
receipts, pay-as-you-go procedures would apply to the bill. 
However, CBO estimates that any impact on direct spending and 
receipts would not be significant. H.R. 4827 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 4827 would establish new federal crimes relating to 
unauthorized entry on federal properties or airports and misuse 
of police badges. Because H.R. 4827 would establish new federal 
crimes, the government would be able to pursue cases that it 
otherwise would not be able to prosecute. However, CBO expects 
that the bill would apply to a small number of offenders, so 
any increase in costs for law enforcement, court proceedings, 
or prison operations would not be significant. Any such 
additional costs would be subject to the availability of 
appropriated funds.
    Because those prosecuted and convicted under H.R. 4827 
could be subject to criminal fines, the federal government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
governmental receipts (revenues), which are deposited in the 
Crime Victims Fund and spent in subsequent years. CBO expects 
that any additional receipts and direct spending would be 
negligible because of the small number of cases involved.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the committee finds the authority for this 
legislation in Article I, section 8, clause 18 of the 
Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short title
    This section provides that the short title of the bill is 
the ``Enhanced Federal Security Act of 2000.''
Section 2. Entry by false pretenses to any real property, vessel, or 
        aircraft of the United States, or secure area of airport
    Section two would make it a Federal crime to enter, or 
attempt to enter, Federal property or the secure area of an 
airport under false pretenses. Such property includes (1) any 
real property belonging in whole 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 any secure area 
of an airport. 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.
Section 3. Police badges
    Section three would prohibit knowingly trafficking in 
genuine and counterfeit police badges in interstate or foreign 
commerce. With respect to counterfeit police badges, the 
knowing transfer, transport, or receipt of such badges in 
interstate or foreign commerce would be prohibited. 
Additionally, the knowing transfer, in interstate or foreign 
commerce of 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 would be prohibited. This section would also 
prohibit a person from knowingly receiving a genuine police 
badge if the person is not authorized to possess it under the 
law of the place in which the badge is the official badge. 
Finally, this section would prohibit a person who is not 
authorized to possess a genuine police badge under the law of 
the place in which the badge is the official badge from 
knowingly transporting that badge in interstate or foreign 
commerce.
    A person knowingly trafficking in police badges would be 
subject to a fine and up to 6 months in prison. Section three 
would create a defense to prosecution for a person who 
possesses a badge (or badges) with the intention that the badge 
be used exclusively as a memento, in a collection or exhibit, 
for decorative purposes, for a dramatic presentation, such as a 
theatrical, film, or television production, or for any other 
recreational use.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


                            PART I--CRIMES

           *       *       *       *       *       *       *


                CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

Sec.
700. Desecration of the flag of the United States; penalties.
     * * * * * * *
716. Police badges.

           *       *       *       *       *       *       *


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 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.

           *       *       *       *       *       *       *


                 CHAPTER 47--FRAUD AND FALSE STATEMENTS

Sec.
1001.  Statements or entries generally.
     * * * * * * *
1036. Entry by false pretenses to any real property, vessel, or aircraft 
          of the United States or secure area of any airport.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                                  
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