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[DOCID: f:s1665is.txt]






107th CONGRESS
  1st Session
                                S. 1665

     To amend title 18, United States Code, with respect to false 
   information regarding certain criminal violations concerning hoax 
         reports of biological, chemical, and nuclear weapons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

 Mr. Biden (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, with respect to false 
   information regarding certain criminal violations concerning hoax 
         reports of biological, chemical, and nuclear weapons.

    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 ``Protection Against Terrorist Hoaxes 
Act of 2001''.

SEC. 2. PROHIBITION ON HOAXES.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by inserting at the end the following:
``Sec. 2339C. False Information
    ``(a) Criminal Violation.--Whoever, through the use of the mail, 
telephone, telegraph, or other instrument of interstate or foreign 
commerce, or in or affecting interstate or foreign commerce, knowingly 
engages in any conduct that is likely to impart the false impression 
that activity is taking place, or will take place, that violates 
section 175, 229, 831, or 2332a of this title shall be fined under this 
title, imprisoned not more than 5 years, or both.
    ``(b) Civil Penalty.--Whoever, through the use of the mail, 
telephone, telegraph, or other instrument of interstate or foreign 
commerce, or in or affecting interstate or foreign commerce, knowingly 
engages in any conduct that is likely to impart the false impression 
that activity is taking place, or will take place, that violates 
section 175, 229, 831, or 2332a of this title is liable to the United 
States or any State for a civil penalty of the greater of $10,000 or 
the amount of money expended by the United States or the State in 
responding to the false information.
    ``(c) Reimbursement.--
            ``(1) Convicted defendant.--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 
        the United States or a State for any expenses incurred by the 
        United States or a State incident to the investigation of the 
        offense, including the cost of any response made to protect 
        public health or safety.
            ``(2) Jointly and severally liable.--A person ordered to 
        reimburse the United States for expenses under paragraph (1) 
        shall be jointly and severally liable for such expenses with 
        each other person, if any, who is ordered under this chapter to 
        reimburse the United States or any State.''.
    (b) Conforming Amendment.--The table of contents of chapter 113B of 
title 18, United States Code, is amended by adding after the item for 
section 2339B the following:  

``2339C. False information.''.
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