[Congressional Record Volume 149, Number 109 (Tuesday, July 22, 2003)]
[Senate]
[Pages S9716-S9717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 1441. A bill to amend title 18, United States Code, with respect 
to false information regarding certain

[[Page S9717]]

criminal violations concerning hoax reports of biological, chemical, 
and nuclear weapons; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce ``The Protection 
Against Terrorist Hoaxes Act of 2003.'' This bill would amend Title 18 
of the United States Code to, make it a Federal crime to knowingly make 
a hoax report, involving a biological, chemical, nuclear weapon, or 
other weapon of mass destruction. Likewise, this bill would make it a 
criminal offense to knowingly send such a hoax weapon to another.
  Since the terrorist attacks of September 11, our Nation has witnessed 
a number of terror hoax reports. This in turn has triggered an equally 
large number of reports of suspected biological agents. No part of the 
Nation has been spared, and my home State of Delaware has had several 
hundred reports of possible biological agents. The FBI has reported to 
Congress the staggering statistics involving these bioterrorism hoaxes 
and other reports of suspected biological agents. Prior to September 
11, the FBI had responded to about 100 cases involving potential use of 
``weapons of mass destruction,'' 67 of which involved alleged 
biological weapons. Since mid-September 2001, however, that number has 
increased by 3,000 percent.
  The good news is that most of these reports were either hoaxes or 
reports made by well-meaning people whose suspicions were raised. The 
bad news is that any hoax reports were made in the first place, 
triggering panic on the part of the public, and often forcing the 
Federal, State, and local governments to waste valuable time and 
resources responding to them. In one particularly egregious case, it 
has been reported that an employee of the Connecticut Department of 
Environmental Protection falsely reported to security that he had found 
a yellowish-white powder on his desk with the misspelled label 
``ANTHAX.'' The employee, a 48-year-old solid waste management analyst, 
knew the material was not toxic, it was determined to be coffee 
creamer, but persisted in the false account. Eight hundred State 
employees were evacuated from the building for 2 days while law 
enforcement officials tested the building, at a cost of $1.5 million in 
lost worker's time, another $40,000 in decontamination costs, and an 
undisclosed amount of money spent on rescue and law enforcement. The 
employee is being charged in Federal court--not for the hoax report, 
but for lying to Federal officials after the fact.
  Indeed, the Justice Department reported to Congress that there is a 
gap in the existing Federal law regarding the prosecution of 
bioterrorism hoaxes. That is, while it is a crime to threaten to use, 
for example, anthrax as a weapon against another person, it is not a 
crime to make a hoax anthrax report. Accordingly, the Justice 
Department has repeatedly asked Congress to enact legislation which 
specifically addresses hoaxes which involve purported biological 
substances, as well as chemical, nuclear and other weapons of mass 
destruction. Just this month, the Justice Department stated in 
testimony, ``changes in title 18 to expand the reach of the law to 
prohibit conduct resulting in such hoaxes would provide prosecutors 
with an appropriate tool to respond to these situations.''
  We should answer the call and act now to give law enforcement the 
tools they need to combat these despicable crimes. The Federal interest 
is indisputable, as States and localities are simply not equipped with 
the expertise or resources to evaluate and respond to these hoaxes. A 
comprehensive prohibition on such false reports is necessary to 
preserve scarce and vital Federal resources.
  Accordingly, as Ranking Member of the Judiciary Subcommittee on 
Crime, Corrections and Victims' Rights, I introduce a bill today which 
contains both criminal provisions and civil penalties for the hoax 
reporting of bioterrorism incidents. My bill simply says that if you 
knowingly engage in conduct--such as deliberately sending baking powder 
through the mail to your congressman or calling 911 to falsely report 
the presence of anthrax in a public building--that is likely to create 
the false impression concerning the presence of anthrax, or other 
similar things, that you have committed A Federal offense, punishable 
by up to 5 years in jail. Moreover, such a person may be fined the 
greater of either $10,000 or the amount of money expended by the 
government to respond to the false information. Finally, such a person 
may also be ordered to reimburse the government if costs were incurred 
in responding to the false hoax. Let me be clear--this bill will not 
target innocent mistakes or people who make a report concerning a 
suspected substance; it is aimed, rather, at deliberate hoax reports by 
those who know they are spreading false information.
  I have said many times on the floor of this body that the terrorist 
win if they succeed in sowing seeds of panic into our daily lives. We 
cannot and will not let that happen. Similarly, we will not let these 
hoaxers get away with words and deeds which have the same effect. I 
urge my colleagues to support the Protection Against Terrorist Hoaxes 
Act of 2003.
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