[House Report 108-505]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-505
======================================================================
 
                    ANTI-HOAX TERRORISM ACT OF 2003

                                _______
                                

  May 20, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1678]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1678) to amend title 18, United States Code, with 
respect to false communications about certain criminal 
violations, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Vote of the Committee............................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     6
Constitutional Authority Statement...............................     6
Section-by-Section Analysis and Discussion.......................     6
Changes in Existing Law Made by the Bill, as Reported............     8
Markup Transcript................................................    11

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Terrorist and Military Hoaxes 
Act of 2004''.

SEC. 2. HOAXES AND RECOVERY COSTS.

    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States 
Code, is amended by inserting after section 1037 the following:

``Sec. 1038. False information and hoaxes

    ``(a) Criminal Violation.--
            ``(1) In general.--Whoever knowingly 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 indicates that an activity has 
        taken, is taking, or will take place that would constitute a 
        violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of 
        this title, section 236 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2284), or section 46502, the second sentence of section 
        46504, section 46505 (b)(3) or (c), section 46506 if homicide 
        or attempted homicide is involved, or section 60123(b) of title 
        49 shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, be fined under this title 
                or imprisoned for any number of years up to life, or 
                both.
            ``(2) Armed forces.--Whoever, without lawful authority, 
        makes a false statement, with intent to convey false or 
        misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, be fined under this title 
                or imprisoned for any number of years up to life, or 
                both.
    ``(b) Civil Action.--Whoever knowingly 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 indicates that an activity has taken, is taking, or will 
take place that would constitute a violation of chapter 2, 10, 11B, 39, 
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of 
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 49 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.--
            ``(1) In general.--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.
            ``(2) Liability.--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.
            ``(3) Civil judgment.--An order of reimbursement under this 
        subsection shall, for the purposes of enforcement, be treated 
        as a civil judgment.
    ``(d) Activities of Law Enforcement.--This section does not 
prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.''.
    (b) Clerical Amendment.--The table of sections as the beginning of 
chapter 47 of title 18, United States Code, is amended by adding after 
the item for section 1037 the following:

``1038. False information and hoaxes.''.

SEC. 3. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.

    (a) Enhanced Penalty.--Section 1001(a) and the third undesignated 
paragraph of section 1505 of title 18, United States Code, are amended 
by striking ``be fined under this title or imprisoned not more than 5 
years, or both'' and inserting ``be fined under this title, imprisoned 
not more than 5 years or, if the matter relates to international or 
domestic terrorism (as defined in section 2331), imprisoned not more 
than 10 years, or both''.
    (b) Sentencing Guidelines.--Not later than 30 days of the enactment 
of this section, the United States Sentencing Commission shall amend 
the Sentencing Guidelines to provide for an increased offense level for 
an offense under sections 1001(a) and 1505 of title 18, United States 
Code, if the offense involves a matter relating to international or 
domestic terrorism, as defined in section 2331 of such title.

SEC. 4. CLARIFICATION OF DEFINITION.

    Section 1958 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``facility in'' and 
        inserting ``facility of''; and
            (2) in subsection (b)(2), by inserting ``or foreign'' after 
        ``interstate''.

                          Purpose and Summary

    H.R. 1678, the ``Anti-Hoax Terrorism Act of 2003,'' creates 
criminal and civil penalties for whoever knowingly 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 such crimes as 
those relating to explosives; firearms; destruction of vessels; 
terrorism; sabotage of nuclear facilities; aircraft piracy; a 
dangerous weapon to assault flight crew members and attendants; 
explosives on an aircraft; homicide or attempted homicide or 
damaging or destroying facilities. The bill also prohibits 
making a false statement with intent to convey false or 
misleading information about the death, injury, capture, or 
disappearance of a member of the U.S. Armed Forces during a war 
or armed conflict in which the United States is engaged. 
Additionally, the bill increases penalties from not more than 5 
years to not more than 10 years for making false statements, 
and obstructing justice, if the subject matter relates to 
international or domestic terrorism.

                Background and Need for the Legislation

    H.R. 1678, the ``Anti-Hoax Terrorism Act of 2003,'' was 
introduced on April 8, 2003. The bill expands H.R. 3209, the 
``Anti-Hoax Terrorism Act of 2001,'' which passed the House in 
the 107th Congress on December 12, 2001, by a recorded vote 
(rollcall no. 491) of 423 yeas to 0 nays. No further action was 
taken on the bill during the 107th Congress.
    Because of the tragic September 11, 2001 attacks and the 
October, 2001 anthrax attacks, the public remains alarmed and 
is appropriately reporting suspicious activity. After the 
anthrax attacks in the fall of 2001, H.R. 3209, the ``Anti-Hoax 
Terrorism Act of 2001,'' was introduced to addresses a growing 
phenomena of hoaxes that further terrorized the American public 
into falsely thinking biological attacks had occurred.
    The Department of Justice and the Federal Bureau of 
Investigation testified on November 7, 2001, on H.R. 3209, 
before the Subcommittee on Crime, and made it clear that these 
types of hoaxes threaten the health and safety of the American 
public and the national security of the nation. Such a hoax is 
designed to instill fear in the public or its target and are a 
serious threat to the public's safety on many levels. First, 
such a hoax distracts law enforcement and military personnel 
from actual threats or actual emergencies and, in effect, 
assists terrorists. Second, these hoaxes often cause buildings 
and businesses to be evacuated and closed imposing costs on the 
economy and potentially endangering health. If a hoax causes a 
hospital to be evacuated, for instance, people could die.
    Three years later, the War on Terrorism continues and 
unfortunately so do the hoaxes. In addition to the hoaxes of 
terrorist attacks, families of U.S. soldiers fighting in Iraq 
became the target of hoaxes as well. While U.S. soldiers fought 
to liberate the Iraqi people and protect our country from a 
dictator who funded terrorists' activities, people telephoned 
the families of American servicemen and women with false 
reports that their loved ones had been killed or captured. 
These hoaxes caused severe and unimaginable emotional strain on 
families already worried about the safety of their family 
members. On April 1, 2003, the Associated Press reported that a 
``prank caller devastated the Flagstaff family of a 22-year-old 
soldier serving in Iraq, falsely telling them that the man was 
dead.'' The witness produced a moving letter from his nephew 
claiming that a soldier had been killed in the process of 
delivering a satellite phone to his nephew to call home and 
tell his family he was alive and well.
    Neither the terrorism hoaxes nor the war time hoaxes are 
adequately covered by current Federal law. Consequently, some 
courts have found that certain terrorism hoaxes are false 
reports that cannot be prosecuted as threats. On January 17, 
2003, for instance, a court dismissed an anthrax hoax case 
because the court found that the statute under which the 
defendant was charged did not fit. That statute prohibited 
threats of use of weapons of mass destruction. These hoaxes 
threaten the public's safety and health, further diminish the 
already overburdened resources of law enforcement and emergency 
responders, distract our military, and harm the nation's morale 
and economy.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on H.R. 1678 on July 10, 2003. 
Testimony was received from four witnesses: Representative 
Thaddeus McCotter of the U.S. House of Representatives, 11th 
District of Michigan; Ms. Susan Brooks, U.S. Attorney for the 
Southern District of Indiana, U.S. Department of Justice; 
Superintendent James McMahon, of the New York State Police; and 
Mr. Danny Hogg, target of war-time hoax and family member of a 
U.S. soldier.

                        Committee Consideration

    On March 30, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered favorably 
reported the bill, H.R.1678, as amended, by a voice vote, a 
quorum being present. On May 13, 2004, the full Committee on 
the Judiciary met in open session and ordered favorably 
reported the bill, H.R. 1678, with an amendment by voice vote, 
a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee's consideration of 
H.R. 1678.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1678, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 17, 2004.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1678, the ``Stop 
Terrorist and Military Hoaxes Act of 2004.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 1678--Stop Terrorist and Military Hoaxes Act of 2004.
    CBO estimates that implementing H.R. 1678 would have no 
significant cost to the Federal Government. Enacting H.R. 1678 
could affect direct spending and receipts, but CBO estimates 
that any impact on direct spending and receipts would not be 
significant. H.R. 1678 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on State, local, or tribal 
governments.
    H.R. 1678 would establish new Federal crimes for the 
perpetration of hoaxes involving weapons of mass destruction 
and similar threats, and for the communication of false 
information about U.S. forces involved in armed conflict. 
Offenders would be subject to imprisonment, as well as criminal 
and civil fines.
    Under the provisions of H.R. 1678, the government would be 
able to pursue cases involving hoaxes that it otherwise would 
not be able to prosecute. Because there are similar 
prohibitions on hoaxes in current law, however, CBO expects 
that the bill's provisions would probably affect a small number 
of additional cases. Thus, any increase in costs for law 
enforcement, court proceedings, or prison operations would not 
be significant. Any such costs would be subject to the 
availability of appropriated funds.
    Because those prosecuted and convicted under H.R. 1678 
could be subject to fines, the Federal Government might collect 
additional fines if the legislation is enacted. Collections of 
civil fines are recorded in the budget as revenues. Criminal 
fines are deposited as receipts in the Crime Victims Fund and 
later spent. CBO expects that any additional revenues and 
direct spending would be negligible because of the small number 
of cases involved.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1678 is intended to impose civil and criminal penalties to 
deter and punish a person or persons for perpetrating a hoax 
that others could reasonably believe under the circumstance is 
or may be a terrorist-type attack or that the death, injury, 
capture, or disappearance of a member of the U.S. Armed Forces 
has occurred during a war or armed conflict in which the United 
States is engaged. Such hoaxes diminish the resources of 
Federal law enforcement and the military and divert Federal 
investigators and soldiers attention away from actual threats. 
This legislation is intended to prevent such a drain and 
aberration of Federal resources that threaten the citizens and 
the national security of the United States.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

    This section by section describes the bill as reported 
unless otherwise indicated.
    Sec. 1. Short Title.
    Under this section, the new short title is the ``Stop 
Terrorists and Military Hoax Act of 2004.'' The change reflects 
the additional language to prohibit hoaxes against military 
families.
    Sec. 2. Hoaxes and Recovery Costs.
    As in the original bill, the bill as reported contains a 
criminal violation section, a civil action section, and a 
reimbursement section. The new language in the bill as reported 
also adds a section to cover hoaxes against the military.
    Under current law, it is a felony to perpetrate a hoax, 
such as falsely claiming there is a bomb on an airplane. It is 
also a felony to communicate, in interstate commerce, threats 
of personal injury to another. A gap exists, however, in the 
current law because it does not address a hoax related to 
biological, chemical, or nuclear dangers where there is no 
specific threat. This section creates new section 1037 of title 
18, entitled false information and hoaxes.
    New section 1038(a) of title 18 covers hoaxes of criminal 
violations and has been changed to reflect additional hoaxes. 
The original bill stated that persons engaging in any conduct, 
with intent to convey false or misleading information, under 
circumstances where the conveyed information may reasonably be 
believed and where such information concerns an activity which 
would constitute a violation of title 18 U.S.C. Sec. Sec. 175 
(relating to biological weapons attacks), 229 (relating to 
chemical weapons attacks), 831 (nuclear attacks) or 2332a 
(weapons of mass destruction attacks).
    The section now covers violations in title 18 of Chapters 2 
(relating to aircraft and motor vehicles); 10 (relating to 
biological weapons attacks); Chapter 11B (relating to chemical 
weapons); Chapter 39 (relating to explosives and other 
dangerous articles); Chapter 40 (relating to importing and 
distributing explosive materials); Chapter 44 (relating to 
firearms); Chapter 111 (relating to shipping such as 
destruction of vessels); and Chapter 113B (relating to 
terrorism). The section also covers violations of title 42 
U.S.C. Sec. 2284 (Sec. 236 of the Atomic Energy Act of 
1954)(relating to sabotage of nuclear facilities). 
Additionally, the bill covers violations of 49 U.S.C. 
Sec. 46502 (relating to aircraft piracy); the second sentence 
of Sec. 46504 (relating to the use of a dangerous weapon to 
assault flight crew members and attendants); Sec. 46505(b)(3) 
(relating to placing an explosive on an aircraft); Sec. 46506 
(relating to homicide or attempted homicide) or Sec. 60123(b) 
(relating to damaging or destroying facilities).
    New Sec. 1038(b) of title 18 covers hoaxes against members 
of the Armed Forces and their families. This section 
incorporates H.R. 3314, a bill to provide criminal penalties 
for false information about the status of a member of the Armed 
Forces engaged in armed conflict, and was introduced by 
Representative McCotter. This section prohibits making a false 
statement with intent to convey false or misleading information 
about the death, injury, capture, or disappearance of a member 
of the U.S. armed forces during a war or armed conflict in 
which the United States is engaged. This was added after 
several reports and testimony highlighted that families of U.S. 
soldiers fighting in Iraq have become the target of hoaxes 
claiming the soldiers had been killed or terribly wounded.
    The civil penalties and reimbursement sections of the bill 
have been changed to reflect the new language in the criminal 
violation section.
    The Committee encourages the U.S. Sentencing Commission to 
provide for sentencing ranges which reflect an increased 
offense level for those offenders who violate this new section 
under circumstances in which the offender knew, or reasonably 
should have known, that pecuniary harm or bodily injury would 
result from the offense.
    Sec. 3. Obstruction of Justice and False Statements in 
Terrorism Cases.
    This is a new section incorporating H.R. 3086, the 
``Obstruction of Justice and False Statements in Terrorism 
Cases Act of 2003,'' introduced by Representative Mark Green. 
This section amends Sec. Sec. 1001(a) and 1505 of title 18, to 
increase penalties from not more than 5 years to not more than 
10 years for making false statements and obstructing justice, 
if the subject matter relates to international or domestic 
terrorism and directs the United States Sentencing Commission 
to amend the Sentencing Guidelines to provide an offense level 
increase of at least 18 for such offenses.
    This section is to cover an individual who purposefully 
impedes or hinders an investigation of domestic or 
international terrorism. The Committee believes that even 1 
minute wasted to ascertain the offender could lead to immense 
harm. Every minute is critical in an investigation, and 
intentionally sending investigators on the wrong path or 
deliberately slowing down an investigation by refusing to 
assist law enforcement could costs lives. The increase in 
penalty reflects that this is a severe crime and should be 
adequately punished.
    Sec. 4. Clarification of Definition.
    This is a new section incorporating H.R. 3046, the 
``Terrorism Transcending National Boundaries Correction Act of 
2003,'' introduced by Mr. Gallegly. This section incorporates a 
technical corrections bill that would correct an erroneous 
definition in 18 U.S.C. Sec. 1958(b)(2) which proscribes murder 
for hire in interstate or foreign commerce, but only defines 
``facilities of interstate commerce,'' omitting ``foreign 
commerce.'' This section would insert ``or foreign'' and the 
law would correctly read as ``facility of interstate or foreign 
commerce'' for the definition.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


                 CHAPTER 47--FRAUD AND FALSE STATEMENTS

Sec.
1001.  Statements or entries generally.
     * * * * * * *
1038.  False information and hoaxes.

Sec. 1001. Statements or entries generally

    (a) Except as otherwise provided in this section, whoever, 
in any matter within the jurisdiction of the executive, 
legislative, or judicial branch of the Government of the United 
States, knowingly and willfully--
            (1) * * *
          * * * * * * *
shall [be fined under this title or imprisoned not more than 5 
years, or both] be fined under this title, imprisoned not more 
than 5 years or, if the matter relates to international or 
domestic terrorism (as defined in section 2331), imprisoned not 
more than 10 years, or both.
          * * * * * * *

Sec. 1038. False information and hoaxes

    (a) Criminal Violation.--
            (1) In general.--Whoever knowingly 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 
        indicates that an activity has taken, is taking, or 
        will take place that would constitute a violation of 
        chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this 
        title, section 236 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2284), or section 46502, the second sentence of 
        section 46504, section 46505 (b)(3) or (c), section 
        46506 if homicide or attempted homicide is involved, or 
        section 60123(b) of title 49 shall--
                    (A) be fined under this title or imprisoned 
                not more than 5 years, or both;
                    (B) if serious bodily injury (as defined in 
                section 1365 of this title, including any 
                conduct that, if the conduct occurred in the 
                special maritime and territorial jurisdiction 
                of the United States, would violate section 
                2241 or 2242 of this title) results, be fined 
                under this title or imprisoned not more than 25 
                years, or both; and
                    (C) if death results, be fined under this 
                title or imprisoned for any number of years up 
                to life, or both.
            (2) Armed forces.--Whoever, without lawful 
        authority, makes a false statement, with intent to 
        convey false or misleading information, about the 
        death, injury, capture, or disappearance of a member of 
        the Armed Forces of the United States during a war or 
        armed conflict in which the United States is engaged, 
        shall--
                    (A) be fined under this title or imprisoned 
                not more than 5 years, or both;
                    (B) if serious bodily injury (as defined in 
                section 1365 of this title, including any 
                conduct that, if the conduct occurred in the 
                special maritime and territorial jurisdiction 
                of the United States, would violate section 
                2241 or 2242 of this title) results, be fined 
                under this title or imprisoned not more than 25 
                years, or both; and
                    (C) if death results, be fined under this 
                title or imprisoned for any number of years up 
                to life, or both.
    (b) Civil Action.--Whoever knowingly 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 indicates that an activity has 
taken, is taking, or will take place that would constitute a 
violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of 
this title, section 236 of the Atomic Energy Act of 1954 (42 
U.S.C. 2284), or section 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 
49 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.--
            (1) In general.--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.
            (2) Liability.--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.
            (3) Civil judgment.--An order of reimbursement 
        under this subsection shall, for the purposes of 
        enforcement, be treated as a civil judgment.
    (d) Activities of Law Enforcement.--This section does not 
prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United 
States, a State, or political subdivision of a State, or of an 
intelligence agency of the United States.

           *       *       *       *       *       *       *


CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *


Sec. 1505. Obstruction of proceedings before departments, agencies, and 
                    committees

    Whoever, with intent to avoid, evade, prevent, or obstruct 
compliance, in whole or in part, with any civil investigative 
demand duly and properly made under the Antitrust Civil Process 
Act, willfully withholds, misrepresents, removes from any 
place, conceals, covers up, destroys, mutilates, alters, or by 
other means falsifies any documentary material, answers to 
written interrogatories, or oral testimony, which is the 
subject of such demand; or attempts to do so or solicits 
another to do so; or
    Whoever corruptly, or by threats or force, or by any 
threatening letter or communication influences, obstructs, or 
impedes or endeavors to influence, obstruct, or impede the due 
and proper administration of the law under which any pending 
proceeding is being had before any department or agency of the 
United States, or the due and proper exercise of the power of 
inquiry under which any inquiry or investigation is being had 
by either House, or any committee of either House or any joint 
committee of the Congress--
    Shall [be fined under this title or imprisoned not more 
than five years, or both] be fined under this title, imprisoned 
not more than 5 years or, if the matter relates to 
international or domestic terrorism (as defined in section 
2331), imprisoned not more than 10 years, or both.

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *


Sec. 1958. Use of interstate commerce facilities in the commission of 
                    murder-for-hire

    (a) Whoever travels in or causes another (including the 
intended victim) to travel in interstate or foreign commerce, 
or uses or causes another (including the intended victim) to 
use the mail or any [facility in] facility of interstate or 
foreign commerce, with intent that a murder be committed in 
violation of the laws of any State or the United States as 
consideration for the receipt of, or as consideration for a 
promise or agreement to pay, anything of pecuniary value, or 
who conspires to do so shall be fined under this title or 
imprisoned for not more than ten years, or both; and if 
personal injury results, shall be fined under this title or 
imprisoned for not more than twenty years, or both; and if 
death results, shall be punished by death or life imprisonment, 
or shall be fined not more than $250,000, or both.
    (b) As used in this section and section 1959--
            (1) * * *
            (2) ``facility of interstate or foreign commerce'' 
        includes means of transportation and communication; and

           *       *       *       *       *       *       *


                           Markup Transcript










                            BUSINESS MEETING

                        WEDNESDAY, MAY 12, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
quorum is present.
    [Intervening business.]
    Chairman Sensenbrenner. The next item is H.R. 1678, the 
``Anti-Hoax Terrorism Act of 2003.''
    The Chair recognizes the gentleman from North Carolina, Mr. 
Coble, the Chairman of the Subcommittee on Crime, Terrorism, 
and Homeland Security, for a motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill 
H.R. 1678, with a single amendment in the nature of a 
substitute, and moves its favorable recommendation to the full 
House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point, and the 
Subcommittee amendment in the nature of a substitute, which the 
Members have before them, will be considered as read, 
considered as the original text for purposes of amendment, and 
open for amendment at any point.
    [The Subcommittee Amendment in the Nature of a Substitute 
follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas, Mr. Smith, the author of the bill, to strike the 
last word.
    Mr. Smith. Thank you, Mr. Chairman. I move to strike the 
last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Smith. Mr. Chairman, I urge our support of H.R. 1678, 
the ``Anti-Hoax Terrorism Act of 2003.'' In the 107th Congress, 
I introduced H.R. 3209, which passed the House by a vote of 423 
to 0, but no action was taken in the Senate. I, along with our 
colleague, Mr. Schiff, and others, reintroduced the bill as 
H.R. 1678 last year. This legislation is needed because some 
have used the shadow of fear cast by the 2001 terrorist attacks 
to further terrorize others with hoaxes of biological and 
chemical attacks.
    Since that time, the hoaxes have increased. Now, for 
reasons I can't fathom, some have also terrorized the families 
of our military men and women with hoaxes, claiming that their 
loved ones have been killed in action. The purpose of H.R. 1678 
is to address this serious problem. At a hearing last year, the 
Department of Justice and the FBI described how these hoaxes 
threatened the health and safety of the American public and the 
national security of our Nation.
    In 2003, after the country went to war with Iraq, military 
families became the target of hoaxes to convince them that 
their loved ones had been killed in action. Last July, the 
Subcommittee on Crime, Terrorism, and Homeland Security held a 
hearing on the bill and the problems hoaxes have created for 
law enforcement, the public and the families of U.S. soldiers 
serving overseas.
    In one instance, a witness--the uncle of a U.S. soldier--
testified that an individual who claimed to be a U.S. official 
called him and stated that his nephew had been killed in Iraq. 
Neither terrorist hoaxes nor the wartime hoaxes are adequately 
covered by current Federal law. So I hope my colleagues will 
support this bill.
    And, Mr. Chairman, I'll yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Thank you, Mr. Chairman, and thank you for 
scheduling H.R. 1678 for markup today. False alarms are a 
problem at any time. They can cause senseless waste--they can 
be a senseless waste not only in scaring the public, but also 
endanger life and property, both by the impact on others and by 
causing emergency resources to be tied up should a genuine 
emergency arise somewhere else.
    Mr. Chairman, during the anthrax crisis in 2001, one 
modest-size jurisdiction in my district estimated that it had 
spent over $70,000 tracking down anthrax scares, all of which, 
fortunately, proved to be false alarms. When these false alarms 
are deliberate, whether they are misguided pranks or some 
deliberate, reckless hoax aimed at wreaking havoc, these 
societal and direct costs soar, and those perpetrating them 
should be held accountable for their actions.
    Of course, accountability should be conform to established 
notions of proportionality. There is a difference between being 
misguided and being intentionally reckless or deliberately 
indifferent, and any effort to hold a person liable for their 
consequences should recognize the difference. We worked out 
most of our concern in this regard in the 107th Congress with a 
bill which passed by a unanimous vote. H.R. 1678 started out 
with identical text to that bill. No similar bill passed the 
Senate, so the policies under 3209 did not become law.
    Mr. Chairman, one remaining concern I have is that there be 
a distinction between those who commit a crime as a misguided, 
though costly, prank and those who intend to cause the havoc 
and waste, an intent or are indifferent to the injury or even 
death that can result.
    We don't arrive at an amendment which can accomplish this 
distinction. Perhaps one way we can do it is through a report 
language which conveys the intent to the Sentencing Commission 
that there be a distinction for the purposes of sentencing 
guidelines.
    Another concern I have is the fact that we mandate 
restitution, which could mean that a young, misguided offender 
is saddled with a lifetime of expenses to pay for a youthful 
mistake. However, in trying to work this out with the 
Subcommittee staff on ways to address this, we are not able to 
come up with a satisfactory resolution beyond the fact that we 
treat the restitution as a civil order for the purposes of 
enforcement.
    So, Mr. Chairman, I support the bill, with these 
reservations, and will continue to work with my colleagues for 
ways to address them as the bill moves forward.
    Thank you, Mr. Chairman, and I yield to the gentleman from 
California.
    Mr. Schiff. I thank the gentleman for yielding, and I want 
to thank the gentleman for bringing up this bill and the good 
work of Mr. Smith from Texas.
    Our communities continue to struggle each day to meet the 
demands of our citizens and prepare for all kinds of potential 
terrorist attacks. They are working vigorously to strengthen 
and improve protocols to respond swiftly and safely in the 
event of an attack, but our communities are doing this with 
very limited resources. Each 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. 
Every time a suspected threat turns out to be a hoax, it costs 
the taxpayers an enormous amount.
    In the State of California, where I come from, we haven't 
been immune to this problem. In Los Angeles a man phoned in an 
anthrax threat because he wanted to avoid appearing in 
bankruptcy court that day. His hoax succeeded in shutting down 
the court, and the courthouse, and cost taxpayers $600,000.
    In my own district, an e-mail hoax last year about a SARS 
outbreak in a very strongly Asian-populated City of San Gabriel 
plagued the city, swamping the San Gabriel Police Department 
with about 50 calls a day inquiring into these rumors. Our 
police and firefighters should be out protecting our community, 
not responding to these hoaxes.
    While millions of dollars are going into the effort to 
combat terrorism, we still do not have a dollar to waste and 
cannot allow these hoaxes to clog up the investigation of 
potentially life-threatening dangers. That's why I joined Mr. 
Smith in introducing the Anti-Hoax Terrorism Act of 2003. 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 and deterred. And equally 
disturbing are these reports of hoaxes targeting military 
families of U.S. soldiers fighting in Iraq and elsewhere, and 
I'm pleased the necessary changes were made in order to include 
those heinous hoaxes within the bill.
    Again, thank you, Mr. Chairman, and I thank Mr. Smith and 
our colleagues for their support of this measure.
    I yield back.
    Mr. Scott. I yield back.
    Chairman Sensenbrenner. The time of the gentleman has 
expired. Without objection, all Members' opening statements 
will appear in the record at this point.
    [The prepared statement of Ms. Jackson Lee follows:]
    
    
    Chairman Sensenbrenner. Are there amendments?
    [No response.]
    Chairman Sensenbrenner. If there are no amendments, the 
Chair notes the presence of a reporting quorum.
    The gentlewoman from Texas?
    [No response.]
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to the amendment in the nature of a 
substitute to H.R. 1678, offered by Ms. Jackson Lee of Texas. 
On the first page, line 12, insert ``and to harm or cause 
bodily damage'' after ``misleading information''.
    [The amendment of Ms. Jackson Lee follows:]
    
    
    Chairman Sensenbrenner. The gentlewoman from Texas is 
recognized for 5 minutes.
    Ms. Jackson Lee. Thank you very much, Mr. Chairman.
    First of all, I'd like to express my thanks to you and to 
Mr. Mercado for your efforts in including language that I 
suggested during our legislative hearing as to hoaxes that 
relate to the death, capture or disappearance of a member of 
the Armed Forces of the United States. We know with our brave 
men and women on the front lines that this is crucial to not 
only their survival, but as well our support for their efforts 
in the war on terrorism and elsewhere.
    The Anti-Hoax Terrorism Act of 2003 is an important 
legislative initiative. But for the very reason that it is 
important, I would offer this amendment that simply tries to 
enhance the actual act that is to be caused and so that the 
charge is not based on an inchoate or a nonachievable challenge 
or act, but it is on something that is tangible and that is 
clearly defendable, if you will, or definable under the law.
    It is amended to read, ``Whoever knowingly engages in any 
conduct with intent to convey false or misleading information 
and to harm or cause bodily damage under circumstances where 
such information may reasonably be believed and where such 
information indicates that an activity has taken, is taken or 
will take place that would constitute a violation.''
    The change will add the necessary intent to harm another 
individual that is missing from the current language of the 
provision. As drafted, the legislation broadly prohibits hoaxes 
and harmless jokes that are not of consequence, although, of 
course, we would certainly argue against or discourage those 
kinds of activities. Although the Government interest of 
deterring terrorist hoaxes is very high, we still have a duty 
to maintain and uphold the fundamental right to free speech. 
Legislation should be as narrowly tailored to achieve its 
purpose as possible in order to deter and punish the desired 
perpetrators in the most efficient manner and to achieve the 
goal of this Committee and the legislation. Adding the 
suggested language, as mentioned above, will help to accomplish 
this goal.
    I would ask that my colleagues on both sides of the aisle 
support this amendment, as it will not materially change the 
thrust of this legislation; rather, it will enhance this 
legislation, reduce the number of wrongful convictions. Again, 
it is to lift the threshold to make sure that we do our job in 
the way we'd like to do it and to ensure that we truly go after 
those who are engaged in anti-hoax terrorism with the intent 
that may ultimately result in bodily harm. I would ask my 
colleagues to support the legislation.
    [The prepared statement of Ms. Jackson Lee follows:]
    
    
    Chairman Sensenbrenner. Before recognizing the gentleman 
from Texas to oppose the amendment, the Chair recognizes the 
gentleman from Michigan to make an introduction.
    Mr. Conyers. Thank you, Mr. Chairman.
    I take this opportunity to welcome 30 of our students from 
three different high schools in Detroit. We are glad that you 
have all visited the Judiciary Committee in the House. We have 
done very important work across the years. We deal with the 
Constitution and the amendments thereto. I just happened to 
think we handle impeachments, also, and the Immigration and 
Naturalization Service. And these, Chairman Sensenbrenner, 
students are from Cass Technical High School, Mumford High 
School, and Western International High School. They are 
accompanied by their teachers, Virginia Coleman, Dania Herring, 
Carl Arrington, Kathleen Frasier. Would you all stand up for 
just 1 second and then sit down again.
    We are happy to see you here. [Applause.]
    I thank you for the intervention, Chairman Sensenbrenner.
    Chairman Sensenbrenner. The Chair would like to join with 
Mr. Conyers in welcoming the students here. Mr. Conyers did ask 
you to sit down again for fear that we thought that you might 
walk out on us if you didn't do that. [Laughter.]
    The gentleman from Texas, Mr. Smith?
    Mr. Smith. Mr. Chairman, I oppose Ms. Jackson Lee's 
amendment.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Smith. Mr. Chairman, adding the phrase ``to cause harm 
or bodily injury'' could render the legislation useless. How 
would we define harm? By its very nature, a hoax is not 
necessarily intended to cause harm or injure a person. If the 
person had the intent to harm, they would use real biological 
weapons, such as anthrax, instead of powdered sugar. By using 
powdered sugar, instead of anthrax, the person engaging in the 
hoax can argue it was a joke and that they did not intend to 
harm anyone.
    The issue is not whether the criminal intended to 
physically harm the victims of the hoax, but whether the 
victims reasonably believed they were harmed. For instance, one 
witness, the uncle of the U.S. soldier I mentioned a while ago, 
testified that an individual calling him claimed to be a U.S. 
official and informed him that his nephew had been killed in 
Iraq. The person carrying out the hoax could claim it was just 
a crank call and not done maliciously or to harm anyone. The 
problem is that there may have been no intent to harm someone, 
but the victim believed he was harmed by the loss of his 
nephew.
    Mr. Chairman, if Members adopt this amendment, they are 
showing their intent to cause harm or bodily injury to this 
underlying legislation. So I oppose the amendment.
    And before I yield back the balance of my time, Mr. 
Chairman, I would like unanimous consent to have a letter from 
the Department of Justice supporting this bill made a part of 
the record.
    Chairman Sensenbrenner. Without objection.
    [The Department of Justice letter follows:]
    
    
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentlewoman from Texas, Ms. Jackson Lee.
    Those in favor will say aye.
    Opposed, no.
    The noes appear to have it. The noes have it. The amendment 
is not agreed to.
    Are there further amendments?
    [No response.]
    Chairman Sensenbrenner. If there are no further amendments, 
without objection, the Subcommittee amendment in the nature of 
a substitute laid down as the base tax as amended is adopted. A 
reporting quorum is present.
    The question occurs on the motion to report the bill H.R. 
1678 favorably as amended.
    All in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendments adopted here today. 
Without objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes. 
All Members will be given 2 days, as provided by House rules, 
in which to submit additional dissenting, supplemental or 
minority views.

                                  
