[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.
* * * * * * *