[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2204 Introduced in Senate (IS)]







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.

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

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 1036 the following:
``Sec. 1037. 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 as 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.''.

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

    (a) Enhanced Penalty.--Sections 1001(a) and 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 of 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''.
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