```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1678 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Anti-Hoax Terrorism Act of 
2003''.</DELETED>

<DELETED>SEC. 2. HOAXES AND RECOVERY COSTS.</DELETED>

<DELETED>    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United 
States Code, is amended by inserting after section 1036 the 
following:</DELETED>
<DELETED>``Sec. 1037. False information and hoaxes</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1037. False information and hoaxes.''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Terrorist and Military Hoaxes 
Act of 2004''.

SEC. 2. HOAXES AND RECOVERY COSTS.

    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States 
Code, is amended by inserting after section 1037 the following:
``Sec. 1038. False information and hoaxes
    ``(a) Criminal Violation.--
            ``(1) In general.--Whoever knowingly 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 indicates that an activity has 
        taken, is taking, or will take place that would constitute a 
        violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of 
        this title, section 236 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2284), or section 46502, the second sentence of section 
        46504, section 46505 (b)(3) or (c), section 46506 if homicide 
        or attempted homicide is involved, or section 60123(b) of title 
        49 shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, be fined under this title 
                or imprisoned for any number of years up to life, or 
                both.
            ``(2) Armed forces.--Whoever, without lawful authority, 
        makes a false statement, with intent to convey false or 
        misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury (as defined in 
                section 1365 of this title, including any conduct that, 
                if the conduct occurred in the special maritime and 
                territorial jurisdiction of the United States, would 
                violate section 2241 or 2242 of this title) results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and
                    ``(C) if death results, be fined under this title 
                or imprisoned for any number of years up to life, or 
                both.
    ``(b) Civil Action.--Whoever knowingly 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 indicates that an activity has taken, is taking, or will 
take place that would constitute a violation of chapter 2, 10, 11B, 39, 
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of 
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 49 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.--
            ``(1) In general.--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.
            ``(2) Liability.--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.
            ``(3) Civil judgment.--An order of reimbursement under this 
        subsection shall, for the purposes of enforcement, be treated 
        as a civil judgment.
    ``(d) Activities of Law Enforcement.--This section does not 
prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.''.
    (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 1037 the following:

``1038. False information and hoaxes.''.

SEC. 3. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.

    (a) Enhanced Penalty.--Section 1001(a) and the third undesignated 
paragraph of section 1505 of title 18, United States Code, are amended 
by striking ``be fined under this title or imprisoned not more than 5 
years, or both'' and inserting ``be fined under this title, imprisoned 
not more than 5 years or, if the matter relates to international or 
domestic terrorism (as defined in section 2331), imprisoned not more 
than 10 years, or both''.
    (b) Sentencing Guidelines.--Not later than 30 days after the 
enactment of this section, the United States Sentencing Commission 
shall amend the Sentencing Guidelines to provide for an increased 
offense level for an offense under sections 1001(a) and 1505 of title 
18, United States Code, if the offense involves a matter relating to 
international or domestic terrorism, as defined in section 2331 of such 
title.

SEC. 4. CLARIFICATION OF DEFINITION.

    Section 1958 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``facility in'' and 
        inserting ``facility of''; and
            (2) in subsection (b)(2), by inserting ``or foreign'' 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 respect to false 
    communications about certain criminal violations, and for other 
                               purposes.

_______________________________________________________________________

                              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
```