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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Hoax Terrorism 
Act of 2003’’. 
SEC. 2. HOAXES AND RECOVERY COSTS. 
(a) PROHIBITION ON HOAXES.—Chapter 47 of title 
18, United States Code, is amended by inserting after sec-
tion 1036 the following: 
‘‘§ 1037. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.—Whoever engages in 
any conduct, with intent to convey false or misleading in-
formation, 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. 
‘‘(b) CIVIL ACTION.—Whoever engages in any con-
duct, with intent to convey false or misleading informa-
tion, under circumstances where such information con-
cerns an activity which would constitute a violation of sec-
tion 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 ex-
penses. 
‘‘(c) REIMBURSEMENT.—The court, in imposing a 
sentence on a defendant who has been convicted of an of-
fense 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 treat-
ed as a civil judgment.’’. 
(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: 
‘‘1037. False information and hoaxes.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Terrorist and Mili-
tary 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: 
‘‘§ 1038. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.— 
‘‘(1) IN GENERAL.—Whoever knowingly engages 
in any conduct with intent to convey false or mis-
leading 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 homi-
cide 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 mari-
time and territorial jurisdiction of the United 
States, would violate section 2241 or 2242 of this 
title) results, be fined under this title or impris-
oned 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 mari-
time and territorial jurisdiction of the United 
States, would violate section 2241 or 2242 of this 
title) results, be fined under this title or impris-
oned 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 infor-
mation under circumstances where such information may 
reasonably be believed and where such information indi-
cates 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 in-
volved, 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 con-
duct, for those expenses. 
‘‘(2) LIABILITY.—A person ordered to make re-
imbursement 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 reimburse-
ment under this subsection shall, for the purposes of 
enforcement, be treated as a civil judgment. 
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec-
tion does not prohibit any lawfully authorized investigative, 
protective, or intelligence activity of a law enforcement 
agency of the United States, a State, or political subdivi-
sion of a State, or of an intelligence agency of the United 
States.’’.