II 

108TH CONGRESS 

2D SESSION S. 2204

To provide criminal penalties for false information and hoaxes relating to 

terrorism. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2004

Mr. HATCH (for himself, Mr. SCHUMER, Mr. CORNYN, and Mrs. FEINSTEIN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL

To provide criminal penalties for false information and 

hoaxes relating to terrorism.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Terrorist and 

5 Military Hoaxes Act of 2004’’. 

6 SEC. 2. HOAXES AND RECOVERY COSTS. 

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

8 18, United States Code, is amended by inserting after sec9 tion 1036 the following: 
2

•S 2204 IS 

1 ‘‘§ 1037. False information and hoaxes 

2 ‘‘(a) CRIMINAL VIOLATION.—

3 ‘‘(1) IN GENERAL.—Whoever knowingly en4 gages in any conduct with intent to convey false or 

5 misleading information under circumstances where 

6 such information may reasonably be believed and 

7 where such information indicates that an activity 

8 has taken, is taking, or will take place that would 

9 constitute a violation of chapter 2, 10, 11B, 39, 40, 

10 44, 111, or 113B of this title, section 236 of the 

11 Atomic Energy Act of 1954 (42 U.S.C. 2284), or 

12 section 46502, the second sentence of section 46504, 

13 section 46505 (b)(3) or (c), section 46506 if homi14 cide or attempted homicide is involved, or section 

15 60123(b) of title 49 shall—

16 ‘‘(A) be fined under this title or impris17 oned not more than 5 years, or both; 

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

19 section 1365 of this title, including any conduct 

20 that, if the conduct occurred in the special mar21 itime and territorial jurisdiction of the United 

22 States, would violate section 2241 or 2242 of 

23 this title) results, be fined under this title or 

24 imprisoned not more than 25 years, or both; 

25 and 
3

•S 2204 IS 

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

2 title or imprisoned for any number of years up 

3 to life, or both. 

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

5 authority, makes a false statement, with intent to 

6 convey false or misleading information, about the 

7 death, injury, capture, or disappearance of a mem8 ber of the Armed Forces of the United States during 

9 a war or armed conflict in which the United States 

10 is engaged, shall—

11 ‘‘(A) be fined under this title or impris12 oned not more than 5 years, or both; 

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

14 section 1365 of this title, including any conduct 

15 that, if the conduct occurred in the special mar16 itime and territorial jurisdiction of the United 

17 States, would violate section 2241 or 2242 of 

18 this title) results, be fined under this title or 

19 imprisoned not more than 25 years, or both; 

20 and 

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

22 title or imprisoned for any number of years up 

23 to life, or both. 

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

25 any conduct with intent to convey false or misleading in-
4

•S 2204 IS 

1 formation under circumstances where such information 

2 may reasonably be believed and where such information 

3 indicates that an activity has taken, is taking, or will take 

4 place that would constitute a violation of chapter 2, 10, 

5 11B, 39, 40, 44, 111, or 113B of this title, section 236 

6 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or 

7 section 46502, the second sentence of section 46504, sec8 tion 46505 (b)(3) or (c), section 46506 if homicide or at9 tempted homicide is involved, or section 60123(b) of title 

10 49 is liable in a civil action to any party incurring expenses 

11 incident to any emergency or investigative response to that 

12 conduct, for those expenses. 

13 ‘‘(c) REIMBURSEMENT.—

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

15 sentence on a defendant who has been convicted of 

16 an offense under subsection (a), shall order the de17 fendant to reimburse any party incurring expenses 

18 incident to any emergency or investigative response 

19 to that conduct, for those expenses. 

20 ‘‘(2) LIABILITY.—A person ordered to make re21 imbursement under this subsection shall be jointly 

22 and severally liable for such expenses with each 

23 other person, if any, who is ordered to make reim24 bursement under this subsection for the same ex25 penses. 
5

•S 2204 IS 

1 ‘‘(3) CIVIL JUDGMENT.—An order of reim2 bursement under this subsection shall, for the pur3 poses of enforcement, be treated as a civil judgment. 

4 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec5 tion does not prohibit any lawfully authorized investiga6 tive, protective, or intelligence activity of a law enforce7 ment agency of the United States, a State, or political sub8 division of a State, or of an intelligence agency of the 

9 United States.’’. 

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

11 as 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 SEC. 3. OBSTRUCTION OF JUSTICE AND FALSE STATE15 MENTS IN TERRORISM CASES. 

16 (a) ENHANCED PENALTY.—Sections 1001(a) and 

17 1505 of title 18, United States Code, are amended by 

18 striking ‘‘be fined under this title or imprisoned not more 

19 than 5 years, or both’’ and inserting ‘‘be fined under this 

20 title, imprisoned not more than 5 years or, if the matter 

21 relates to international or domestic terrorism (as defined 

22 in section 2331), imprisoned not more than 10 years, or 

23 both’’. 

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

25 days of the enactment of this section, the United States 
6

•S 2204 IS 

1 Sentencing Commission shall amend the Sentencing 

2 Guidelines to provide for an increased offense level for an 

3 offense under sections 1001(a) and 1505 of title 18, 

4 United States Code, if the offense involves a matter relat5 ing to international or domestic terrorism, as defined in 

6 section 2331 of such title. 

7 SEC. 4. CLARIFICATION OF DEFINITION. 

8 Section 1958 of title 18, United States Code, is 

9 amended—

10 (1) in subsection (a), by striking ‘‘facility in’’ 

11 and inserting ‘‘facility of’’; and 

12 (2) in subsection (b)(2), by inserting ‘‘or for13 eign’’ after ‘‘interstate’’.

Æ