59–010 

Calendar No. 134 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–61 

TERRORIST HOAX IMPROVEMENTS ACT OF 2007 

MAY 4, 2007.—Ordered to be printed 

Mr. LEAHY, Chairman of the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany S. 735] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to which was referred the bill 

(S. 735), to amend title 18, United States Code, to improve the terrorism hoax statute, reports favorably thereon with an amendment 

and recommends that the bill (as amended) do pass. 

CONTENTS 

Page 

I. Purpose of the Terrorist Hoax Improvements Act of 2007 ......................... 1 

II. History of the Bill and Committee Consideration ....................................... 2 

III. Section by Section Summary of the Bill ...................................................... 3 

IV. Cost Estimate ................................................................................................. 3 

V. Regulatory Impact Evaluation ...................................................................... 4 

VI. Changes in Existing Law .............................................................................. 4 

VII. Conclusion ...................................................................................................... 7 

I. PURPOSE OF THE TERRORIST HOAX IMPROVEMENTS ACT OF 2007 

The purpose of this legislation is to extend the prohibition 

against conveying false information or hoaxes relating to any federal crime of terrorism and increase maximum prison terms for 

hoaxes involving a member of the Armed Forces during war. The 

bill also allows a civil remedy for federal, state and local governments that incur damages resulting from hoaxes perpetrated by an 

individual who engages in conduct that has the effect of conveying 

false or misleading information, resulting in an emergency response, but then knowingly fails to provide accurate information to 

investigating authorities about the actual nature of the incident. 

Finally, the bill contains a technical provision to extend the prohiVerDate Aug 31 2005 05:25 May 07, 2007 Jkt 059010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR061.XXX SR061

hmoore on PRODPC68 with HMRPT
2 

bition against mailing threatening communications to include corporations or governmental entities (as well as individuals). 

II. HISTORY OF THE BILL AND COMMITTEE CONSIDERATION

The Terrorist Hoax Improvements Act of 2007, S. 735, is a bipartisan measure introduced on April 12, 2007, by Senator Kennedy, 

Senator Coleman and Senator Kyl. Chairman Leahy, Senator Schumer, Senator Grassley and Senator Cornyn also joined the bill as 

cosponsors. 

The Act builds on the first federal terrorist-hoax statute, which 

was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108–458. The purpose of the antihoax provision was to establish definitions and serious penalties to 

deal with the serious problem of hoax crimes. Events since then 

have proven the need for additional authority. A significant number of prosecutions have taken place of individuals who disrupt 

communities with terrorist hoaxes; nevertheless, a disturbing pattern has developed involving circumstances not covered by the 

original law. Such hoaxes have seriously disrupted many lives and 

needlessly diverted law enforcement and emergency services resources. 

On September 13, 2004, the Senate Judiciary Subcommittee on 

Terrorism, Technology and Homeland Security held a hearing 

where witnesses testified about the need for strong federal laws to 

punish hoaxes about terrorist threats. At the hearing, the Justice 

Department commented on the harm caused by false information 

and terrorist hoaxes, noting in its testimony: 

Since September 11, hoaxes have seriously disrupted 

people’s lives and needlessly diverted law-enforcement and 

emergency-services resources. In the wake of the anthrax 

attacks in the fall of 2001, for example, a number of individuals mailed unidentified white powder, intending for 

the recipient to believe it was anthrax. Many people were 

inconvenienced, and emergency responders were forced to 

waste a great deal of time and effort. Similarly, in a time 

when those in uniform are making tremendous sacrifices 

for the country, several people have received hoax phone 

calls reporting the death of a loved one serving in Iraq or 

Afghanistan. 

The current federal statute punishes hoaxes involving an unduly 

restricted list of terrorist offenses. For example, the list does not 

include hoaxes related to the taking of hostages in order to coerce 

the Federal Government (18 U.S.C. 1203), hoaxes related to blowing up an energy facility (18 U.S.C. 1366(a)), hoaxes related to attacks on military bases aimed at undermining national defense (18 

U.S.C. 2156), or hoaxes related to attacks on railways and mass 

transportation facilities, such as the recent London bombings (18 

U.S.C. 1992–93). The Terrorist Hoax Improvements Act of 2007 

fills the gaps in current law by expanding the hoax statute to punish hoaxes involving any offense included on the official list of federal terrorist offenses, contained in 18 U.S.C. 2332b(g)(5)(B). 

As Senator Kennedy stated in introducing the bill, ‘‘It’s unconscionable in this post-9/11 world for anyone to be perpetrating 

hoaxes that cause panic and drain already limited public safety reVerDate Aug 31 2005 05:25 May 07, 2007 Jkt 059010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR061.XXX SR061

hmoore on PRODPC68 with HMRPT
3 

sources. Hopefully, this bill will fulfill its purpose of preventing the 

false alarms that can be so disruptive of our families and our communities in these difficult and dangerous times.’’ 

In addition, the bill increases the maximum penalties for hoaxes 

about the death or injury of a U.S. soldier during wartime from 5 

years under current law to 10 years under S. 735, and from 20 

years to 25 years where bodily injury results. The bill also expands 

existing civil liability provisions to allow first responders and others to seek reimbursement from a party who engages in conduct 

that results in an emergency response, becomes aware that first responders believe that a terrorist offense is taking place, but fails 

to inform authorities that no such event has occurred. Finally, the 

bill clarifies that threatening communications are punishable under 

federal law even if they are directed at an organization rather than 

a natural person. 

The Terrorist Hoax Improvements Act of 2007 was first listed on 

the Judiciary Committee’s agenda on Thursday, April 12, 2007, and 

the Committee adopted an amendment in the nature of a substitute to the bill without objection. There were no further amendments offered to the bill. By unanimous consent, the Committee ordered S. 735 to be reported favorably on April 25, 2007. 

III. SECTION-BY-SECTION SUMMARY OF THE BILL

Section 1 

This section states that the short title of the bill is the ‘‘Terrorist 

Hoax Improvements Act of 2007.’’ 

Section 2 

This section expands 18 U.S.C. 1038, the terrorism hoax statute, 

so that it punishes hoaxes about any terrorist offense listed in 

2332b(g)(5)(B) of Title 18. In addition, the bill increases the maximum penalties for hoaxes about the death or injury of a U.S. soldier during wartime. The bill also expands existing civil liability 

provisions to allow first responders and other emergency personnel 

to seek reimbursement from a party who perpetrates a hoax and 

becomes aware that first responders believe that a terrorist offense 

is taking place, but fails to inform authorities that no such event 

has occurred. Finally, the bill clarifies that threatening communications are punishable under federal law even if they are directed at 

an organization rather than a natural person. 

IV. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S.735—Terrorist Hoax Improvements Act of 2007 

CBO estimates that implementing S. 735 would have no significant cost to the federal government. Enacting the bill could affect 

direct spending and revenues, but CBO estimates that any such effects would not be significant. S. 735 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act and would impose no costs on state, local, or 

tribal governments. 

S. 735 would broaden the coverage of current laws against the 

perpetration of hoaxes and would increase the penalties for certain 

offenses involving false statements. Thus, the government would be 


hmoore on PRODPC68 with HMRPT
4 

able to pursue cases that it otherwise would not be able to prosecute. We expect that S. 735 would apply to a relatively small number of offenders, however, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant. Any such costs would be subject to the availability of appropriated funds. 

Because those prosecuted and convicted under S. 735 could be 

subject to criminal fines, the federal government might collect additional fines if the legislation is enacted. Criminal fines are recorded 

as revenues, then deposited in the Crime Victims Fund, and later 

spent. CBO expects that any additional revenues and direct spending would not be significant because of the small number of cases 

affected. 

The CBO staff contact for this estimate is Mark Grabowicz. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

V. REGULATORY IMPACT EVALUATION

In compliance with rule XXVI of the Standing Rules of the Senate, the Committee finds that no significant regulatory impact will 

result from the enactment of S. 735. 

VI. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 735, as reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic, and 

existing law in which no change is proposed is shown in roman): 

TITLE 18—CRIMES AND CRIMINAL 

PROCEDURE 

* * * * * * * 

PART I—CRIMES, CHAPTER 47—FRAUD AND FALSE 

STATEMENTS 

SEC. 1038. FALSE INFORMATION AND HOAXES 

(a) CRIMINAL VIOLATION.— 

(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 

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, 

or any other offense listed under section 2332b(g)(5)(B) of this 

title, shall— 

(A) be fined under this title or imprisoned not more than 

5 years, or both; 


hmoore on PRODPC68 with HMRPT
5 

(B) if serious bodily injury results, be fined under this 

title or imprisoned not more than 20 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.—Any person who 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— 

(A) shall be fined under this title, imprisoned not more 

than [5 years] 10 years, or both; 

(B) if serious bodily injury results, shall be fined under 

this title, imprisoned not more than [20 years] 25 years, or 

both; and 

(C) if death results, shall be fined under this title, imprisoned for any number of years or for life, or both. 

(b) CIVIL ACTION.—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 the 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 is taking 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 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. 

(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 state or local 

government, or private not-for-profit organization that provides 

fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses. 


hmoore on PRODPC68 with HMRPT
6 

(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. 

TITLE 18—CRIMES AND CRIMINAL 

PROCEDURE 

PART I—CRIMES, CHAPTER 47—FRAUD AND FALSE 

STATEMENTS 

CHAPTER 42—EXTORTION AND CREDIT TRANSACTIONS 

SEC. 877. MAILING THREATENING COMMUNICATIONS FROM FOREIGN 

COUNTRY 

Whoever knowingly deposits in any post office or authorized depository for mail matter of any foreign country any communication 

addressed to any person within the United States, for the purpose 

of having such communication delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to such addressee in the United States, and as a result 

thereof such communication is delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to the address to which it is directed in the United States, 

and containing any demand or request for ransom or reward for 

the release of any kidnapped person, shall be fined under this title 

or imprisoned not more than twenty years, or both. 

Whoever, with intent to extort from any person any money or 

other thing of value, so deposits as aforesaid, any communication 

for the purpose aforesaid, containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than 

twenty years, or both. 

Whoever knowingly so deposits as aforesaid, any communication, 

for the purpose aforesaid, containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than 

five years, or both. 

Whoever, with intent to extort from any person any money or 

other thing of value, knowingly so deposits as aforesaid, any communication, for the purpose aforesaid, containing any threat to injure the property or reputation of the addressee or of another, or 

the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this 

title or imprisoned not more than two years, or both. 


hmoore on PRODPC68 with HMRPT
7 

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. 

VII. CONCLUSION

The Terrorist Hoax Improvements Act of 2007, S. 735, is a narrowly tailored bipartisan measure to improve current law relating 

to hoaxes about terrorist threats.μ It also strengthens and expands 

criminal penalties to punish hoaxes about the death, injury, capture or disappearance of members of the Armed Forces of the 

United States. Its provisions will ensure that adequate penalties 

are available to punish those who perpetrate hoaxes that cause 

costly disruptions in our communities and drain already limited 

public resources. 

Æ 


hmoore on PRODPC68 with HMRPT