U.S. House of Representatives Approves Anti-Hoax Legislation
Legislation Identical to Feinstein Measure Introduced in Senate
December 12, 2001

Washington, DC - The U.S. House of Representatives today approved legislation sponsored by Lamar Smith (R-TX) that would establish a new federal crime for hoaxes involving the threat of biological agents such as anthrax or other weapons of mass destruction. The legislation is identical to a measure that Senator Dianne Feinstein (D-Calif.) has introduced in the Senate. "Under current law, if someone places white powder on a table with a note saying, 'This is anthrax', unbelievably it is not a federal crime," Senator Feinstein said. "This legislation closes that loophole and establishes a strong deterrent to those thinking about carrying out hoaxes."

"I am pleased that the house passed legislation sponsored by Representative Smith, and I hope that the Senate will approve my companion legislation soon."

Under the legislation, anyone who (i) engages in any conduct, with intent to convey false or misleading information, (ii) where such information may reasonably be believed and (iii) where such information concerns an act of mass destruction (including attacks with biological weapons, chemical weapons, nuclear weapons) would be subject to imprisonment and civil fines.

Offenders would be subject up to 5 years in prison and a $250,000 fine. Furthermore, any public or private entity that incurs costs because of the hoax can sue the perpetrator for reimbursement, and any defendant convicted in a court of law of such a hoax would be required to reimburse any injured party for their expenses.

"Hoaxes are serious business," Senator Feinstein said. "Not only do they cause work stoppages and create fear, but they place people at risk. It is my hope that this legislation will help reduce the number of hoaxes so that resources won't be diverted from where they are needed most."

In recent weeks, the Postal service has been the target of more than 8,600 threats or incidents involving anthrax. The Federal Bureau of Investigation has had to investigate hoaxes at 250 abortion clinics in 17 different states.

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