[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