IB 

Union Calendar No. 288 

108TH CONGRESS 

2D SESSION H. R. 1678 

[Report No. 108–505] 

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 

APRIL 8, 2003 

Mr. SMITH of Texas (for himself, Mr. SCHIFF, Mr. BRADY of Texas, Mr. 

GREEN of Wisconsin, Mr. KELLER, Mr. OXLEY, Mr. WOLF, and Mr. 

FERGUSON) introduced the following bill; which was referred to the Committee on the Judiciary 

MAY 20, 2004 

Additional sponsors: Mr. ACKERMAN, Mr. SENSENBRENNER, and Mr. 

GALLEGLY

MAY 20, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 18, United States Code, with respect to 

false communications about certain criminal violations, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Anti-Hoax Terrorism 

3 Act of 2003’’. 

4 SEC. 2. HOAXES AND RECOVERY COSTS. 

5 (a) PROHIBITION ON HOAXES.—Chapter 47 of title 

6 18, United States Code, is amended by inserting after sec7 tion 1036 the following: 

8 ‘‘§ 1037. False information and hoaxes 

9 ‘‘(a) CRIMINAL VIOLATION.—Whoever engages in 

10 any conduct, with intent to convey false or misleading in11 formation, under circumstances where such information 

12 may reasonably be believed and where such information 

13 concerns an activity which would constitute a violation of 

14 section 175, 229, 831, or 2332a, shall be fined under this 

15 title or imprisoned not more than 5 years, or both. 

16 ‘‘(b) CIVIL ACTION.—Whoever engages in any con17 duct, with intent to convey false or misleading informa18 tion, under circumstances where such information con19 cerns an activity which would constitute a violation of sec20 tion 175, 229, 831, or 2332a, is liable in a civil action 

21 to any party incurring expenses incident to any emergency 

22 or investigative response to that conduct, for those ex23 penses. 

24 ‘‘(c) REIMBURSEMENT.—The court, in imposing a 

25 sentence on a defendant who has been convicted of an of26 fense under subsection (a), shall order the defendant to 
3 

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1 reimburse any party incurring expenses incident to any 

2 emergency or investigative response to that conduct, for 

3 those expenses. A person ordered to make reimbursement 

4 under this subsection shall be jointly and severally liable 

5 for such expenses with each other person, if any, who is 

6 ordered to make reimbursement under this subsection for 

7 the same expenses. An order of reimbursement under this 

8 subsection shall, for the purposes of enforcement, be treat9 ed as a civil judgment.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 47 of title 18, United States 

12 Code, is amended by adding after the item for section 

13 1036 the following: 

‘‘1037. False information and hoaxes.’’. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Stop Terrorist and Mili16 tary Hoaxes Act of 2004’’. 

17 SEC. 2. HOAXES AND RECOVERY COSTS. 

18 (a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, 

19 United States Code, is amended by inserting after section 

20 1037 the following: 

21 ‘‘§ 1038. False information and hoaxes 

22 ‘‘(a) CRIMINAL VIOLATION.— 

23 ‘‘(1) IN GENERAL.—Whoever knowingly engages 

24 in any conduct with intent to convey false or mis25 leading information under circumstances where such 
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1 information may reasonably be believed and where 

2 such information indicates that an activity has taken, 

3 is taking, or will take place that would constitute a 

4 violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 

5 113B of this title, section 236 of the Atomic Energy 

6 Act of 1954 (42 U.S.C. 2284), or section 46502, the 

7 second sentence of section 46504, section 46505 (b)(3) 

8 or (c), section 46506 if homicide or attempted homi9 cide is involved, or section 60123(b) of title 49 shall— 

10 ‘‘(A) be fined under this title or imprisoned 

11 not more than 5 years, or both; 

12 ‘‘(B) if serious bodily injury (as defined in 

13 section 1365 of this title, including any conduct 

14 that, if the conduct occurred in the special mari15 time and territorial jurisdiction of the United 

16 States, would violate section 2241 or 2242 of this 

17 title) results, be fined under this title or impris18 oned not more than 25 years, or both; and 

19 ‘‘(C) if death results, be fined under this 

20 title or imprisoned for any number of years up 

21 to life, or both. 

22 ‘‘(2) ARMED FORCES.—Whoever, without lawful 

23 authority, makes a false statement, with intent to 

24 convey false or misleading information, about the 

25 death, injury, capture, or disappearance of a member 
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1 of the Armed Forces of the United States during a 

2 war or armed conflict in which the United States is 

3 engaged, shall— 

4 ‘‘(A) be fined under this title or imprisoned 

5 not more than 5 years, or both; 

6 ‘‘(B) if serious bodily injury (as defined in 

7 section 1365 of this title, including any conduct 

8 that, if the conduct occurred in the special mari9 time and territorial jurisdiction of the United 

10 States, would violate section 2241 or 2242 of this 

11 title) results, be fined under this title or impris12 oned not more than 25 years, or both; and 

13 ‘‘(C) if death results, be fined under this 

14 title or imprisoned for any number of years up 

15 to life, or both. 

16 ‘‘(b) CIVIL ACTION.—Whoever knowingly engages in 

17 any conduct with intent to convey false or misleading infor18 mation under circumstances where such information may 

19 reasonably be believed and where such information indi20 cates that an activity has taken, is taking, or will take place 

21 that would constitute a violation of chapter 2, 10, 11B, 39, 

22 40, 44, 111, or 113B of this title, section 236 of the Atomic 

23 Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the 

24 second sentence of section 46504, section 46505 (b)(3) or 

25 (c), section 46506 if homicide or attempted homicide is in-
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1 volved, or section 60123(b) of title 49 is liable in a civil 

2 action to any party incurring expenses incident to any 

3 emergency or investigative response to that conduct, for 

4 those expenses. 

5 ‘‘(c) REIMBURSEMENT.— 

6 ‘‘(1) IN GENERAL.—The court, in imposing a 

7 sentence on a defendant who has been convicted of an 

8 offense under subsection (a), shall order the defendant 

9 to reimburse any party incurring expenses incident to 

10 any emergency or investigative response to that con11 duct, for those expenses. 

12 ‘‘(2) LIABILITY.—A person ordered to make re13 imbursement under this subsection shall be jointly 

14 and severally liable for such expenses with each other 

15 person, if any, who is ordered to make reimbursement 

16 under this subsection for the same expenses. 

17 ‘‘(3) CIVIL JUDGMENT.—An order of reimburse18 ment under this subsection shall, for the purposes of 

19 enforcement, be treated as a civil judgment. 

20 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec21 tion does not prohibit any lawfully authorized investigative, 

22 protective, or intelligence activity of a law enforcement 

23 agency of the United States, a State, or political subdivi24 sion of a State, or of an intelligence agency of the United 

25 States.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 47 of title 18, United States Code, 

3 is amended by adding after the item for section 1037 the 

4 following: 

‘‘1038. False information and hoaxes.’’. 

5 SEC. 3. OBSTRUCTION OF JUSTICE AND FALSE STATE6 MENTS IN TERRORISM CASES. 

7 (a) ENHANCED PENALTY.—Section 1001(a) and the 

8 third undesignated paragraph of section 1505 of title 18, 

9 United States Code, are amended by striking ‘‘be fined 

10 under this title or imprisoned not more than 5 years, or 

11 both’’ and inserting ‘‘be fined under this title, imprisoned 

12 not more than 5 years or, if the matter relates to inter13 national or domestic terrorism (as defined in section 2331), 

14 imprisoned not more than 10 years, or both’’. 

15 (b) SENTENCING GUIDELINES.—Not later than 30 

16 days after the enactment of this section, the United States 

17 Sentencing Commission shall amend the Sentencing Guide18 lines to provide for an increased offense level for an offense 

19 under sections 1001(a) and 1505 of title 18, United States 

20 Code, if the offense involves a matter relating to inter21 national or domestic terrorism, as defined in section 2331 

22 of such title. 

23 SEC. 4. CLARIFICATION OF DEFINITION. 

24 Section 1958 of title 18, United States Code, is amend25 ed— 
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1 (1) in subsection (a), by striking ‘‘facility in’’ 

2 and inserting ‘‘facility of’’; and 

3 (2) in subsection (b)(2), by inserting ‘‘or foreign’’ 

4 after ‘‘interstate’’. 

Union Calendar No. 288 

108TH CONGRESS 

2D SESSION H. R. 1678 

[Report No. 108–505] 

A BILL 

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

MAY 20, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,