[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.

                          ____________________