[Congressional Record Volume 147, Number 171 (Tuesday, December 11, 2001)]
[House]
[Pages H9189-H9192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTI-HOAX TERRORISM ACT OF 2001
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3209) to amend title 18, United States Code, with
respect to false communications about certain criminal violations, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 3209
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 ``Anti-Hoax Terrorism Act of
2001''.
SEC. 2. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United
States Code, is amended by inserting after section 1036 the
following:
``Sec. 1037. False information and hoaxes
``(a) Criminal Violation.--Whoever engages in any conduct,
with intent to convey false or misleading information, under
circumstances where such information may reasonably be
believed and where such information concerns an activity
which would constitute a violation of section 175, 229, 831,
or 2332a, shall be fined under this title or imprisoned not
more than 5 years, or both.
``(b) Civil Action.--Whoever engages in any conduct, with
intent to convey false or misleading information, under
circumstances where such information concerns an activity
which would constitute a violation of section 175, 229, 831,
or 2332a, is liable in a civil action to any party incurring
expenses incident to any emergency or investigative response
to that conduct, for those expenses.
``(c) Reimbursement.--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 any
party incurring expenses incident to any emergency or
investigative response to that conduct, for those expenses. A
person ordered to make reimbursement under this subsection
shall be jointly and severally liable for such expenses with
each other person, if any, who is ordered to make
reimbursement under this subsection for the same expenses. An
order of reimbursement under this subsection shall, for the
purposes of enforcement, be treated as a civil judgment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 47 of title 18, United States Code, is
amended by adding after the item for section 1036 the
following:
``1037. False information and hoaxes.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from California (Mr.
Schiff) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
[[Page H9190]]
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3209, the bill
presently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
{time} 2200
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3209 would impose civil and criminal penalties to
deter and punish a person or persons for perpetrating a hoax that
others could reasonably believe is or may be a biological, chemical,
nuclear attack, or an attack using some other type of weapon of mass
destruction.
Mr. Speaker, today is a very important day to this Nation in many
respects. It has been 3 months since New York and the Pentagon were
turned into Ground Zero and our national innocence was shattered. Since
that time, anthrax and the U.S. mail have become synonymous; monthly
Federal warnings about new terrorist attacks have become expected; and
a heightened level of alertness on the part of the American people has
become necessary.
In the wake of September 11, 2001, and the anthrax attacks, the news
media has graphically described the likely devastation caused by
chemical, biological, or nuclear attacks on our citizens and on our
country. America is in a state of high alert, and this has brought both
apprehension and new responsibility.
Due to these concerns, Americans are responsibly reporting suspicious
behavior and events to the authorities. This is necessary to protect
our country and our freedoms. Unfortunately, while our emergency
responders and law enforcement are stretched to the limits responding
to real threats, they have had to respond to an increased number of
hoaxes. These hoaxes are not meant to be funny; rather, they are meant
to terrorize and to frighten.
These hoaxes distract Federal, State, and local law enforcement,
criminal investigators, and emergency responders from real crises and
real threats. As a result, they place both the public and our national
security at risk.
Amazingly, the criminal code does not always cover such crimes. While
under current law it is a felony to commit a hoax with regard to
tampered food products, it is not necessarily a felony to commit a hoax
that scares the public into believing that they have been exposed to a
deadly disease such as anthrax, a disease that has been militarized and
used to kill innocent Americans since September 11.
H.R. 3209, the Anti-hoax Terrorism Act of 2001, closes the existing
gap. This is important and necessary legislation, as it will make it a
felony to perpetrate a hoax related to biological, chemical, nuclear,
and weapons of mass destruction attacks. The person or persons
committing such a hoax will be subject to civil and criminal penalties
and responsible for reimbursement of any emergency or investigative
expense due to the hoax.
The Department of Justice and the FBI have testified before the
Subcommittee on Crime and made it clear that these types of hoaxes
threaten the health and safety of the American public and our national
security.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from Wisconsin (Chairman
Sensenbrenner) for his leadership on this issue, and I would also like
to extend my appreciation to the chairman of the Subcommittee on Crime,
the gentleman from Texas (Mr. Smith), for introducing this bill and for
all of his leadership on this issue.
I am proud to serve as a member of the Subcommittee on Crime where
the bill was first heard, and also to be a cosponsor of H.R. 3209.
Mr. Speaker, our communities are struggling every day to meet the
demands of our citizens and prepare for all kinds of potential
terrorist attacks. They are working around the clock to develop and
strengthen protocols to respond swiftly and safely in the event of an
attack.
But our communities are doing all of this with very limited
resources. Every time a threat is identified, authorities spring into
action, donning protective gear, bolstering hospital staffing,
coordinating local, State, and Federal efforts, and calling upon
additional law enforcement personnel to respond.
These reports from our citizens are critical. We certainly want to
encourage people to continue to be vigilant and report suspicious
activity. A false alarm, however, is a false alarm. But every time a
suspected threat turns out to be a hoax, it costs the taxpayers an
enormous amount.
In Los Angeles, a man who phoned in an anthrax threat because he
wanted to avoid appearing in bankruptcy court that day, his call
succeeded in shutting down the court and the courthouse, and cost
taxpayers $600,000.
In addition to closing down the very functioning of government, it is
a tremendous waste of our precious resources. The resources that could
be going into prevention and training are wasted. The manpower that is
required to respond to a hoax is wasted. The funding that could be used
to hire additional emergency personnel is wasted.
While millions of dollars are going into the effort to combat
terrorism, we frankly do not have a dollar to waste. We simply cannot
allow reports that come from hoaxes to clog up the investigation of
other potentially life-threatening dangers. Our citizens need to be
acutely aware that hoaxes have consequences. It shakes our sense of
safety; the fear that many citizens are struggling to cope with
continues to grow as a result of hoaxes; there are financial
consequences; and there are community consequences. There ought to be
criminal consequences.
The Anti-Hoax Terrorism Act of 2001, H.R. 3209, would create criminal
and civil penalties for falsely reporting a chemical, biological, or
nuclear threat. This would include threats that are in written or
verbal form, as well as those communicated through physical actions. It
is legislation that should not be necessary, but, regrettably, is
certainly needed now. Those who would prey on the fears of the American
public should be punished.
As America works to regain its footing and return to as much of a
normal life as possible, hoaxes only serve as a cruel joke on the
American public. Those who would commit the ultimate prank on this
Nation must be aware that they are, in effect, serving as accomplices
to terrorism. They are interrupting murder investigations, and they are
obstructing justice.
According to the FBI, there are an estimated 7,000 agents spread out
across the country investigating possible sources and suspects in the
anthrax attacks. Can we really afford to have even one of those agents
pulled off the killer's trail because of a hoax?
Mr. Speaker, we cannot allow these hoaxes to go unchallenged. We do
not have a minute to waste, we do not have a dollar to waste, we do not
have an investigator to waste, we do not have a citizen to waste. The
time for anti-hoax legislation is now. I urge the House to adopt the
strongest possible measure.
Again, I want to thank the gentleman from Wisconsin (Chairman
Sensenbrenner) and the gentleman from Texas (Chairman Smith) for
bringing this bill to the floor today.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms.
Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, this is a good bill. I rise to
support this legislation.
I met with my emergency first responders a few days after September
11 and then sometime after the beginning of the anthrax scares around
the Nation. The hazardous materials team in my Houston Fire Department
in just a couple of days had some 75 calls of individuals who thought
they saw or thought they were reporting the sight of anthrax.
Those are innocent calls, but they do take up a lot of the resources
of our first responders and our community resources. Those individuals,
however, should not be prosecuted.
My concern with this legislation is to ensure that that does not
happen. I am hoping that the legislative history and the debate in the
committee will make
[[Page H9191]]
it clear that our intent in this legislation is to ensure that those
with criminal intent, to do harm by calling in hoaxes and frightening
communities, should be punished. I agree with that.
I offered an amendment, however, to be sure that that was the case;
that the hoax would be perpetrated with malicious intent. That
amendment was not approved, but I believe there was sufficient
discussion in the committee to suggest that those that we are
attempting to prosecute are those with criminal intent.
For example, we would hope that the incident of a local prosecutor in
Chicago who recently placed an envelope containing sugar on a
colleague's desk, who was administratively punished by being forced to
resign from his job, would not be subject to this particular
legislation. The prank demonstrates poor taste and bad judgment, but he
should not be subject to Federal prosecution.
Likewise, our youth should not be subject to Federal prosecution if
they are engaged in a prank, of course, that we would not approve of,
but certainly that did not have the criminal intent.
I think it is important, Mr. Speaker, that as we move through these
very trying times, that we can be aware that we can balance legislative
intent with protecting Americans. I hope that this House will have an
opportunity to address some of the executive orders that deal with the
violation of the sixth amendment that allows the Justice Department to
listen in on those who are addressing or having a relationship with
their attorney.
At the same time, I hope we will be able to address the question of
the thousands of detainees who are being detained by the Justice
Department, and I hope we will also have an ability to address in this
House military tribunals. We can protect Americans, provide legislation
that makes sense, and at the same time, uphold our Constitution, our
Bill of Rights, and our values.
I support the Anti-Hoax Terrorism Act of 2001. It is a well-thought-
out bill. It has had hearings in the Committee on the Judiciary. I
think we need to do more as it relates to other offerings of legal
representations that have not had the oversight of the United States
Congress.
Mr. Speaker, I rise in support of H.R. 3209, the Anti-Hoax Terrorism
Act of 2001. I feel this bill could have been more narrowly tailored as
it went through the Subcommittee on Crime, and subsequently the full
Committee on the Judiciary. However, in light of the exponentially
increasing amounts of bioterrorism threats that have occurred since
September 11, I strongly favor a Federal anti-hoax provision now more
than ever.
H.R. 3209 creates a Federal criminal penalty and a civil cause of
action for anyone who conveys intentionally any false information about
a threat involving biological, chemical, or nuclear weapons or weapons
of mass destruction.
Mr. Speaker, the purpose of this bill should not be to prosecute
innocent mistakes or someone making a report concerning a suspected
substance, but rather to deliberate and malicious hoaxes reported by
individuals who know they are disseminating false information.
In Committee, I offered an amendment that would require the
government to prove that the hoax was perpetrated with ``malicious''
intent. This requirement would have been analogous with the mens rea
requirement of similar legislation introduced in the Senate by Senator
Leahy, Chairman of the Senate Committee on the Judiciary.
H.R. 3209, as written, does not require that the offenses be
committed with malicious intent. This could result in Federal
prosecutions of individuals who simply disseminate erroneous
information about potential acts of terrorism.
Also subject to Federal prosecution under this bill would be
incidents that amount to nothing more than mere jokes. A local
prosecutor in Chicago recently placed an envelope containing sugar on a
colleague's desk. He was administratively punished by being forced to
resign from his job. While I believe this prank demonstrates poor taste
and bad judgment, this should not be subject to Federal prosecution.
The language in my amendment would have given prosecutors a means to
distinguish between a person who is actually threatening to use anthrax
on a victim on one hand, and a person who never intends to use it, but
truly wants the victim or police to think they have done so. The latter
is what we are trying to prevent.
My colleagues on the other side have said we should simply ``trust''
and ``have hope'' that Federal prosecutors will exercise their
discretion and avoid prosecuting hoax cases. I don't believe we should
rely on a ``hope'' for good judgment and discretion when this bill
could have been more narrowly tailored to avoid capriciousness.
Nevertheless, Mr. Speaker, especially in this time of national
crisis, I support the effort to punish people who perpetrate hoaxes
involving biological, chemical, or nuclear materials or other weapons
of mass destruction. We must act immediately to provide law enforcement
with the tools it needs to address this problem.
Mr. SMITH of Texas. Mr. Speaker, as Chairman of the Subcommittee on
Crime, I support H.R. 3209, the ``Anti-Hoax Terrorism Act of 2001,'' a
bipartisan bill I introduced along with Chairman Sensenbrenner and
ranking Members Mr. Conyers and Scott.
Tragically, some have used the shadow of fear cast by the September
11th and the subsequent anthrax attacks to terrorize others with hoaxes
of biological and chemical attacks.
The purpose of H.R. 3209 is to address this serious and growing
problem. Under current law, it is a felony to perpetrate a hoax such as
falsely saying there is a bomb on an airplane. It is also a felony to
communicate a threat over interstate commerce threatening personal
injury to another.
However, if the hoax pertains to a biological or chemical weapons
attack instead of a bomb or does not contain a specific threat, then
the law may not apply. This is clearly a gap in existing law that must
be closed.
If someone places white powder on a computer with a note that ``this
is anthrax'' or send white powder through the mail, such conduct may
cause panic but not violate Federal law. And no federal law is violated
when the government spends time, money, and effort responding to such
hoaxes. But public safety is threatened when resources are diverted
from investigating legitimate threats.
This legislation makes it a felony to perpetrate a hoax related to
biological, chemical, and nuclear attacks. If a hoax causes a hospital
to be evacuated, people could die; if a hoax causes a business to
close, people could lose their jobs; and if a hoax preoccupies law
enforcement officials, the public is denied protection from other
crimes.
A hoax of terrorism threatens public safety and national security,
overburdens law enforcement officials and emergency workers and chips
away at the Nation's morale.
As we are reminded today, the three-month anniversary of the attacks
against the World Trade Center and the Pentagon, America is engaged in
a war on terrorism. Those who rely on fear as a weapon, should be held
responsible for their actions.
H.R. 3209 imposes criminal and civil penalties that reflect the
serious nature of these hoax crimes.
I urge my colleagues to support H.R. 3209.
Mr. BRADY of Texas. Mr. Speaker, I would like to express my strong
support for H.R. 3209, ``The Anti-Hoax Terrorism Act of 2001.'' I am a
co-sponsor of this important and necessary legislation which was
introduced by my good friend and fellow Texan, Lamar Smith and is a
step in the right direction. Making it a felony to perpetrate a hoax
related to a biological, chemical or nuclear attack and making those
who engage in this conduct liable for the expenses caused as a result
of their fraudulent action brings these criminals to justice and makes
them responsible for their terrible actions. It is important that our
nation address this issue so that those misguided individuals who
choose to perform such fraudulent acts are prosecuted to the fullest
extent of the law and those that consider performing these same acts
are deterred from doing so.
I know from first hand experience how costly these fake anthrax
hoaxes can be. On October 15th, The Memorial Hermann Hospital, in my
hometown of The Woodlands, Texas, was closed for several hours after a
false anthrax scare. Sandee Sherf, a resident of Magnolia, Texas and a
constituent of the 8th Congressional District, received a strange
package at her place of business. When she opened the package, a white
substance flew up in her face and she inhaled it. She immediately went
to the emergency room at Memorial Hermann, where the whole hospital
subsequently shut down for about five hours as a precautionary measure.
Fortunately, the tests for the substance suspected of being anthrax
proved to be negative but the cost of responding to this false incident
has proved to be costly financially and in other ways. The Federal
Bureau of Investigation and the Shenandoah Police Department both
expended valuable man hours investigating this incident. The Woodlands
Fire Department had to decontaminate the entire area where the incident
occurred and the emergency room where Ms. Sherf went for treatment.
Most disturbing was the fact that Memorial Hermann Hospital had to
withhold its valuable services from the community for several hours
while decontaminating its facilities. Patients in need of medical
treatment with real illness were
[[Page H9192]]
turned away and had to go seek treatment many miles away just so the
emergency responders could properly decontaminate the facilities to
ensure the public's safety. What a tragedy it would have been if
someone with a real emergency had perished because Memorial Hermann had
been closed and couldn't offer its help.
Regrettably, the same thing that happened in The Woodlands is
happening in other areas of our country. The FBI reported that between
October 1st to October 15th, their agency had received more than 2,300
reports of incidents or suspected incidents involving anthrax. We
cannot afford in these trying times to have the valuable resources of
our police agencies being wasted in dealing with these hoaxes. These
false claims have become a serious headache for law enforcement
officials, who are overwhelmed with calls from worried Americans
concerned about possible anthrax contamination.
It is for these reasons that I co-sponsored this valuable legislation
and fully support its passage here in the House of Representatives. We,
as Americans, cannot afford to continue to waste valuable time and
resources fighting these hoaxes when they can be used for better
purposes such as making sure our communities across our nation are safe
from true terrorist attacks in the future.
Mr. SCHIFF. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Terry). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the bill, H.R. 3209, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________