[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1659 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1659

 To provide criminal penalties for communicating false information and 
                                hoaxes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

Mr. Hutchinson (for himself and Mr. Sessions) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide criminal penalties for communicating false information and 
                                hoaxes.

    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 ``Terrorist Hoax Costs Recovery Act of 
2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the expert resources available to the Government to 
        deal with Federal crimes involving actual or potential 
        chemical, biological, and nuclear weapons are limited;
            (2) false reporting of such crimes almost invariably 
        requires the attention of Federal investigative, scientific, 
        and public health officers and employees, thereby needlessly 
        diverting them from work that is vital to the national security 
        and dangerously impairing the Government's ability to deal with 
        real situations;
            (3) recent episodes amply demonstrate that even isolated 
        false reports can have a substantial adverse effect on 
        interstate and foreign commerce, causing needless worry or even 
        panic in the general public, and encouraging copycat episodes; 
        and
            (4) a comprehensive prohibition on such false reports is 
        necessary to preserve scarce and vital Federal resources, to 
        avoid substantial adverse effects on interstate and foreign 
        commerce, and to protect the national security of the United 
        States.

SEC. 3. PROHIBITION.

    (a) Prohibition on Hoaxes.--Chapter 41 of title 18, United States 
Code, is amended by adding after section 880 the following:
``Sec. 881. False information and hoaxes
    ``(a) Criminal Violation.--Whoever communicates information, 
knowing the information to be false and under circumstances in which 
such information may reasonably be believed, concerning the existence 
of activity which would constitute a violation of section 175, 229, or 
831 shall be fined under this title or imprisoned not more than 5 
years, or both.
    ``(b) Civil Penalty.--Whoever communicates information, knowing the 
information to be false, concerning the existence of activity which 
would constitute a violation of section 175, 229, or 831 is liable to 
the United States for a civil penalty of the greater of $10,000 or the 
amount expended by the United States incident to the investigation of 
such conduct, including the cost of any response made by any Federal 
military or civilian agency to protect public health or safety.
    ``(c) Reimbursement of Costs.--
            ``(1) Convicted defendant.--The court, in imposing a 
        sentence on a defendant who has been convicted of an offense 
        under subsection (a), shall order the defendant to reimburse 
        the United States for any expenses incurred by the United 
        States incident to the investigation of the commission by that 
        person of such offense, including the cost of any response made 
        by any Federal military or civilian agency to protect public 
        health or safety.
            ``(2) Jointly and severally liable.--A person ordered to 
        reimburse the United States for expenses under this subsection 
        shall be jointly and severally liable for such expenses with 
        each other person, if any, who is ordered under this subsection 
        to reimburse the United States for those expenses.''.
    (b) Conforming Amendment.--The analysis of chapter 41 of title 18, 
United States Code, is amended by adding after the item for section 880 
the following:

``881. False information and hoaxes.''.
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