HR 3209 IH

107th CONGRESS

1st Session

H. R. 3209

To amend title 18, United States Code, with respect to false communications about certain criminal violations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 1, 2001

Mr. SMITH of Texas (for himself, Mr. SENSENBRENNER, Mr. CONYERS, Mr. WOLF, Mr. SCOTT, and Mr. FERGUSON) introduced the following bill; which was referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

A BILL

To amend title 18, United States Code, with respect to false communications about certain criminal violations, and for other purposes.

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 41 of title 18, United States Code, is amended by inserting after section 880 the following:

`Sec. 881. False information and hoaxes

`(a) CRIMINAL VIOLATION- Whoever engages in any conduct--

`(1) knowing that the conduct is likely to impart the false impression that activity is or will take place that violates section 175, 229, 831, or 2332a; and

`(2) that causes an emergency response by governmental agencies to that activity;

shall be fined under this title or imprisoned not more than five years, or both.

`(b) CIVIL ACTION- Whoever engages in any conduct, knowing that the conduct imparts the false impression that activity is or will take place that violates section 175, 229, 831, or 2332a, is liable in a civil action to any party incurring expenses incident to the investigation of the conduct, for those expenses, including the cost of any response made by any military or civilian agency to protect public health or safety.

`Sec. 882. Reimbursement of costs

`(a) CONVICTED DEFENDANT- The court, in imposing a sentence on a defendant who has been convicted of an offense under section 881(a), shall order the defendant to reimburse any party incurring expenses incident to the investigation of the offense, for those expenses, including the cost of any response made by any military or civilian agency to protect public health or safety.

`(b) JOINTLY AND SEVERALLY LIABLE- A person ordered to make reimbursement under subsection (a) shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under that subsection for the same expenses.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding after the item for section 880 the following:

`881. False information and hoaxes.

`882. Reimbursement of costs.'.