HR 3209 RFS

107th CONGRESS

1st Session

H. R. 3209

IN THE SENATE OF THE UNITED STATES

December 12, 2001

Received; read twice and referred to the Committee on the Judiciary

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AN ACT

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 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.'.

Passed the House of Representatives December 12, 2001.

Attest:

JEFF TRANDAHL,

Clerk.