II Calendar No. 134 110th CONGRESS 1st Session S. 735 [Report No. 110–61] 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.

1.

Short title

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

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 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); (ii)receives notice that another party believes that the information indicates that such an activity has taken, is taking, or will take place; and (iii)after receiving such notice, fails to promptly and reasonably inform any party described in subparagraph (B) 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. .

1.

Short title

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

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. .

May 4, 2007 Reported with an amendment