[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Senate]
[Page S2726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Schumer, Mr. Cornyn, and Mrs. 
        Feinstein):
  S. 2204. A bill to provide criminal penalties for false information 
and hoaxes relating to terrorism; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, since the September 11th attacks against 
our Nation, each of us is more conscious of our individual safety and 
security. No example hit closer to home than when anthrax-infected 
letters made their way into Senators' offices. Senators, 
Representatives and staffers were forced to vacate offices, advised to 
take strong antibiotics, and faced with the uncertainty of whether they 
contracted a life-threatening disease.
  In response to this vulnerability that is now inherent in our 
everyday lives, Congress has beefed up law enforcement and intelligence 
tools to combat terrorism better. The key to fighting terrorism is to 
target those planning terrorist acts and capture them before they can 
realize their horrific goals. Our law enforcement communities have 
utilized the new tools we have provided them to respond in a dedicated 
and professional way to these new challenges.
  Unfortunately, we are beginning to see a number of instances where 
cruel and depraved individuals have engaged in terrorist hoaxes. For 
example, people have sent letters containing powder or sugar and a note 
stating that the recipient has now been infected by anthrax. These 
hoaxes are more than a bad joke. They require a substantial and costly 
response--evacuation of buildings, emergency medical tests or 
treatment, and laboratory action. Hoaxes like these, which mimic 
terrorist acts, undermine public confidence by spreading panic and 
fear, and drain valuable resources from Federal, State, and local 
government agencies which must respond to the hoax.
  Under current Federal law, it is a felony to perpetrate certain 
hoaxes, such as saying there is a bomb on an airplane. It is also 
illegal to communicate a threat using the facilities of interstate 
commerce that could cause personal injury to someone. However, because 
hoaxes related to anthrax or other Federal crimes do not always contain 
specific threats, they may not be covered by current federal law. The 
Congressional Research Service has noted that this is a gap within the 
current Federal code.
  Clearly, there is a need for tough legislation to reflect the 
seriousness of this type of crime. This is why Senators Schumer, 
Cornyn, Feinstein and I are introducing the Stop Terrorist and Military 
Hoaxes Act of 2004. The legislation criminalizes conduct that conveys 
false or misleading information under circumstances where such 
information may reasonably be believed. The bill covers hoaxes related 
to biological, chemical, or nuclear weapons and other federal crimes 
that do not contain specific or express threats.
  In addition, this bill criminalizes intentionally false statements 
concerning the death, injury, capture or disappearance of a member of 
the United States Armed Forces. During the recent liberation of Iraq, 
there were several cruel hoaxes played on family members of those who 
were risking their very lives in the service of our country. Family 
members sacrifice alongside service men and women who place their lives 
in danger in the service of our country. Those family members deserve 
to be treated with respect and should be free from these cruel 
deceptions. This bill makes sure that these malicious pranks can be 
punished appropriately.
  America is engaged in a war on terrorisms. In addition to protecting 
our citizens from terrorist acts, we also need to take measures to 
ensure that our law enforcement resources are not needlessly wasted by 
responding to these offensive and expensive terrorist hoaxes. I urge my 
colleagues to support this measure.
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