[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Reported in Senate (RS)]






                                                       Calendar No. 134
110th CONGRESS
  1st Session
                                 S. 735

                          [Report No. 110-61]

 To amend title 18, United States Code, to improve the terrorist hoax 
                                statute.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2007

Mr. Kennedy (for himself, Mr. Coleman, Mr. Kyl, Mr. Schumer, Mr. Leahy, 
Mr. Cornyn, and Mr. Grassley) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

                              May 4, 2007

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to improve the terrorist hoax 
                                statute.

    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 ``Terrorist Hoax Improvements 
Act of 2007''.</DELETED>

<DELETED>SEC. 2. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.</DELETED>

<DELETED>    (a) Hoax Statute.--Section 1038 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), after ``title 49,'' 
                insert ``or any other offense listed under section 
                2332b(g)(5)(B) of this title,''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``5 years'' and inserting ``10 
                        years''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``20 years'' and inserting ``25 
                        years''; and</DELETED>
        <DELETED>    (2) by amending subsection (b) to read as 
        follows:</DELETED>
<DELETED>    ``(b) Civil Action.--</DELETED>
        <DELETED>    ``(1) In general.--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 indicates that an activity has 
        taken, is taking, or will take place that would constitute an 
        offense listed under subsection (a)(1) 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>    ``(2) Effect of conduct.--</DELETED>
                <DELETED>    ``(A) In general.--A person described in 
                subparagraph (B) is liable in a civil action to any 
                party described in subparagraph (B)(ii) for any 
                expenses that are incurred by that party--</DELETED>
                        <DELETED>    ``(i) incident to any emergency or 
                        investigative response to any conduct described 
                        in subparagraph (B)(i); and</DELETED>
                        <DELETED>    ``(ii) after the person that 
                        engaged in that conduct should have informed 
                        that party of the actual nature of the 
                        activity.</DELETED>
                <DELETED>    ``(B) Applicability.--A person described 
                in this subparagraph is any person that--</DELETED>
                        <DELETED>    ``(i) engages in any conduct that 
                        has the effect of conveying 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 an offense listed 
                        under subsection (a)(1);</DELETED>
                        <DELETED>    ``(ii) receives notice that 
                        another party believes that the information 
                        indicates that such an activity has taken, is 
                        taking, or will take place; and</DELETED>
                        <DELETED>    ``(iii) after receiving such 
                        notice, fails to promptly and reasonably inform 
                        any party described in subparagraph (B) of the 
                        actual nature of the activity.''.</DELETED>
<DELETED>    (b) Threatening Communications.--</DELETED>
        <DELETED>    (1) Mailed within the united states.--Section 876 
        of title 18, United States Code, is amended by adding at the 
        end thereof the following new subsection:</DELETED>
<DELETED>    ``(e) For purposes of this section, the term `addressed to 
any other person' includes an individual (other than the sender), a 
corporation or other legal person, and a government or agency or 
component thereof.''.</DELETED>
        <DELETED>    (2) Mailed to a foreign country.--Section 877 of 
        title 18, United States Code, is amended by adding at the end 
        thereof the following new paragraph:</DELETED>
<DELETED>    ``For purposes of this section, the term `addressed to any 
person' includes an individual, a corporation or other legal person, 
and a government or agency or component thereof.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorist Hoax Improvements Act of 
2007''.

SEC. 2. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

    (a) Hoax Statute.--Section 1038 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), after ``title 49,'' insert 
                ``or any other offense listed under section 
                2332b(g)(5)(B) of this title,''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``5 
                        years'' and inserting ``10 years''; and
                            (ii) in subparagraph (B), by striking ``20 
                        years'' and inserting ``25 years''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Civil Action.--
            ``(1) In general.--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 indicates that an activity has 
        taken, is taking, or will take place that would constitute an 
        offense listed under subsection (a)(1) is liable in a civil 
        action to any party incurring expenses incident to any 
        emergency or investigative response to that conduct, for those 
        expenses.
            ``(2) Effect of conduct.--
                    ``(A) In general.--A person described in 
                subparagraph (B) is liable in a civil action to any 
                party described in subparagraph (B)(ii) for any 
                expenses that are incurred by that party--
                            ``(i) incident to any emergency or 
                        investigative response to any conduct described 
                        in subparagraph (B)(i); and
                            ``(ii) after the person that engaged in 
                        that conduct should have informed that party of 
                        the actual nature of the activity.
                    ``(B) Applicability.--A person described in this 
                subparagraph is any person that--
                            ``(i) engages in any conduct that has the 
                        effect of conveying false or misleading 
                        information under circumstances where such 
                        information may reasonably be believed to 
                        indicate that an activity has taken, is taking, 
                        or will take place that would constitute an 
                        offense listed under subsection (a)(1);
                            ``(ii) receives actual notice that another 
                        party is taking emergency or investigative 
                        action because that party believes that the 
                        information indicates that an activity has 
                        taken, is taking, or will take place that would 
                        constitute an offense listed under subsection 
                        (a)(1); and
                            ``(iii) after receiving such notice, fails 
                        to promptly and reasonably inform 1 or more 
                        parties described in clause (ii) of the actual 
                        nature of the activity.''.
    (b) Threatening Communications.--
            (1) Mailed within the united states.--Section 876 of title 
        18, United States Code, is amended by adding at the end thereof 
        the following new subsection:
    ``(e) For purposes of this section, the term `addressed to any 
other person' includes an individual (other than the sender), a 
corporation or other legal person, and a government or agency or 
component thereof.''.
            (2) Mailed to a foreign country.--Section 877 of title 18, 
        United States Code, is amended by adding at the end thereof the 
        following new paragraph:
    ``For purposes of this section, the term `addressed to any person' 
includes an individual, a corporation or other legal person, and a 
government or agency or component thereof.''.
                                                       Calendar No. 134

110th CONGRESS

  1st Session

                                 S. 735

                          [Report No. 110-61]

_______________________________________________________________________

                                 A BILL

 To amend title 18, United States Code, to improve the terrorist hoax 
                                statute.

_______________________________________________________________________

                              May 4, 2007

                       Reported with an amendment