Sponsors (29)
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Amends the federal false‑information statute (18 U.S.C. 1038) to broaden criminal and civil liability for people who send false or misleading information that either indicates the commission of certain serious crimes or is likely to trigger an emergency response or to endanger health or safety. The bill replaces the current separate criminal and civil text with a two-part rule that covers (A) false statements that would indicate violations of specified crimes and (B) false statements sent by mail or by interstate/foreign commerce that are expected to cause emergency responses or endanger people. It also adds a new definition of “emergency response” that lists covered deployments, warnings, evacuations, and the public and private entities whose actions count as such responses.
Amends subsection (a)(1) of 18 U.S.C. 1038 to make it a crime for a person who, with intent to convey false or misleading information, does either (A) convey information under circumstances where it may reasonably be believed and the information indicates that an activity has taken, is taking, or will take place that would violate specified chapters or sections of title 18, the Atomic Energy Act section cited, or specified provisions of title 49; or (B) use the mail or any facility or means of interstate or foreign commerce under circumstances where the information may reasonably be expected to cause an emergency response and the information indicates conduct that constitutes a crime under State or Federal law or endangers public health or safety or the health or safety of any person.
Rewrites subsection (b) (Civil action) of 18 U.S.C. 1038 to mirror the two-part structure in subsection (a): (1) false or misleading information that may reasonably be believed and indicates activity violating the same listed criminal chapters/sections; and (2) use of the mail or interstate/foreign commerce under circumstances where the information may reasonably be expected to cause an emergency response and indicates conduct constituting a crime or endangering health or safety.
Adds subsection (e) defining “emergency response” to mean any deployment of personnel or equipment, order or advice to evacuate, or issuance of a warning to the public or a threatened person, organization, or establishment by (1) an agency of the United States or a State charged with public safety functions (including agencies charged with detecting, preventing, or investigating crimes or with fire or rescue functions), or (2) a private not-for-profit organization that provides fire or rescue functions.
Who is affected and how:
Individuals who send false or misleading emergency reports: Now more clearly subject to criminal prosecution and civil liability when their communications either falsely allege serious crimes or are reasonably expected to trigger emergency responses or endanger health/safety. This includes communications by mail, phone, online platforms, or other interstate/international channels.
Emergency response organizations and personnel (public safety agencies, fire, EMS, public health, emergency management, and private not‑for‑profit emergency organizations): Gain clearer statutory protection because the law explicitly covers false reports that cause deployments, warnings, or evacuations. That can reduce resource waste from hoaxes and provide a basis for criminal charges or civil actions against false reporters.
Law enforcement and prosecutors: Will have a broader statutory tool to charge and seek remedies against individuals whose false communications produce dangerous or costly emergency responses. They will face legal questions about proof of intent, foreseeability, and whether speech is protected.
Private parties and civil plaintiffs: The revised civil language lets harmed responders or other parties pursue civil remedies tied to the same types of false communications now explicitly covered.
Communications and platform operators: Indirectly affected because the statute covers communications in interstate or foreign commerce; platforms may face more takedown requests or preservation demands in investigations, though the bill does not create direct platform liability.
Courts and civil rights advocates: May see litigation over constitutional limits (First Amendment), mens rea requirements, and causation — particularly in borderline cases (satire, mistaken reports, or ambiguous posts). Expect challenges and precedent to refine the law’s application.
Overall effect: strengthens legal consequences for false reports that risk public safety or waste emergency resources, while creating potential legal disputes about scope, intent, and free‑speech limits. The change clarifies who counts as an emergency responder for purposes of the statute, which aids enforcement and civil claims but may also prompt constitutional and evidentiary litigation.
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced January 9, 2025 by David Kustoff · Last progress January 9, 2025
Referred to the House Committee on the Judiciary.
Introduced in House