[Congressional Record Volume 147, Number 154 (Thursday, November 8, 2001)]
[Senate]
[Pages S11614-S11615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HUTCHINSON (for himself and Mr. Session):
  S. 1659. A bill to provide criminal penalties for communicating false 
information and hoaxes; to the Committee on the Judiciary.
  Mr. HUTCHINSON. Madam President, I ask unanimous consent that a copy 
of the Terrorist Hoax Costs Recovery Act of 2001, which I am 
introducing today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1659

       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--

[[Page S11615]]

       (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.''.
                                 ______