II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terrorist Hoax Im5 provements Act of 2007’’. 


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1 SEC. 2. IMPROVEMENTS TO THE TERRORIST HOAX STAT2 UTE. 

3 (a) HOAX STATUTE.—Section 1038 of title 18, 

4 United States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), after ‘‘title 49,’’ in7 sert ‘‘or any other offense listed under section 

8 2332b(g)(5)(B) of this title,’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘5 years’’ and inserting ‘‘10 years’’; and 

12 (ii) in subparagraph (B), by striking 

13 ‘‘20 years’’ and inserting ‘‘25 years’’; and 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) CIVIL ACTION.— 

17 ‘‘(1) IN GENERAL.—Whoever engages in any 

18 conduct with intent to convey false or misleading in19 formation under circumstances where such informa20 tion may reasonably be believed and where such in21 formation indicates that an activity has taken, is 

22 taking, or will take place that would constitute an 

23 offense listed under subsection (a)(1) is liable in a 

24 civil action to any party incurring expenses incident 

25 to any emergency or investigative response to that 

26 conduct, for those expenses. 


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1 ‘‘(2) EFFECT OF CONDUCT.— 

2 ‘‘(A) IN GENERAL.—A person described in 

3 subparagraph (B) is liable in a civil action to 

4 any party described in subparagraph (B)(ii) for 

5 any expenses that are incurred by that party— 

6 ‘‘(i) incident to any emergency or in7 vestigative response to any conduct de8 scribed in subparagraph (B)(i); and 

9 ‘‘(ii) after the person that engaged in 

10 that conduct should have informed that 

11 party of the actual nature of the activity. 

12 ‘‘(B) APPLICABILITY.—A person described 

13 in this subparagraph is any person that— 

14 ‘‘(i) engages in any conduct that has 

15 the effect of conveying false or misleading 

16 information under circumstances where 

17 such information may reasonably be be18 lieved and where such information indi19 cates that an activity has taken, is taking, 

20 or will take place that would constitute an 

21 offense listed under subsection (a)(1); 

22 ‘‘(ii) receives notice that another party 

23 believes that the information indicates that 

24 such an activity has taken, is taking, or 

25 will take place; and 


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1 ‘‘(iii) after receiving such notice, fails 

2 to promptly and reasonably inform any 

3 party described in subparagraph (B) of the 

4 actual nature of the activity.’’. 

5 (b) THREATENING COMMUNICATIONS.— 

6 (1) MAILED WITHIN THE UNITED STATES.— 

7 Section 876 of title 18, United States Code, is 

8 amended by adding at the end thereof the following 

9 new subsection: 

10 ‘‘(e) For purposes of this section, the term ‘addressed 

11 to any other person’ includes an individual (other than the 

12 sender), a corporation or other legal person, and a govern13 ment or agency or component thereof.’’. 

14 (2) MAILED TO A FOREIGN COUNTRY.—Section 

15 877 of title 18, United States Code, is amended by 

16 adding at the end thereof the following new para17 graph: 

18 ‘‘For purposes of this section, the term ‘addressed to 

19 any person’ includes an individual, a corporation or other 

20 legal person, and a government or agency or component 

21 thereof.’’. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Terrorist Hoax Improve24 ments Act of 2007’’. 


ccoleman on PRODPC74 with BILLS
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1 SEC. 2. IMPROVEMENTS TO THE TERRORIST HOAX STAT2 UTE. 

3 (a) HOAX STATUTE.—Section 1038 of title 18, United 

4 States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), after ‘‘title 49,’’ in7 sert ‘‘or any other offense listed under section 

8 2332b(g)(5)(B) of this title,’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘5 years’’ and inserting ‘‘10 years’’; and 

12 (ii) in subparagraph (B), by striking 

13 ‘‘20 years’’ and inserting ‘‘25 years’’; and 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) CIVIL ACTION.— 

17 ‘‘(1) IN GENERAL.—Whoever engages in any con18 duct with intent to convey false or misleading infor19 mation under circumstances where such information 

20 may reasonably be believed and where such informa21 tion indicates that an activity has taken, is taking, 

22 or will take place that would constitute an offense 

23 listed under subsection (a)(1) is liable in a civil ac24 tion to any party incurring expenses incident to any 

25 emergency or investigative response to that conduct, 

26 for those expenses. 


ccoleman on PRODPC74 with BILLS
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1 ‘‘(2) EFFECT OF CONDUCT.— 

2 ‘‘(A) IN GENERAL.—A person described in 

3 subparagraph (B) is liable in a civil action to 

4 any party described in subparagraph (B)(ii) for 

5 any expenses that are incurred by that party— 

6 ‘‘(i) incident to any emergency or in7 vestigative response to any conduct de8 scribed in subparagraph (B)(i); and 

9 ‘‘(ii) after the person that engaged in 

10 that conduct should have informed that 

11 party of the actual nature of the activity. 

12 ‘‘(B) APPLICABILITY.—A person described 

13 in this subparagraph is any person that— 

14 ‘‘(i) engages in any conduct that has 

15 the effect of conveying false or misleading 

16 information under circumstances where 

17 such information may reasonably be be18 lieved to indicate that an activity has 

19 taken, is taking, or will take place that 

20 would constitute an offense listed under sub21 section (a)(1); 

22 ‘‘(ii) receives actual notice that another 

23 party is taking emergency or investigative 

24 action because that party believes that the 

25 information indicates that an activity has 


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1 taken, is taking, or will take place that 

2 would constitute an offense listed under sub3 section (a)(1); and 

4 ‘‘(iii) after receiving such notice, fails 

5 to promptly and reasonably inform 1 or 

6 more parties described in clause (ii) of the 

7 actual nature of the activity.’’. 

8 (b) THREATENING COMMUNICATIONS.— 

9 (1) MAILED WITHIN THE UNITED STATES.—Sec10 tion 876 of title 18, United States Code, is amended 

11 by adding at the end thereof the following new sub12 section: 

13 ‘‘(e) For purposes of this section, the term ‘addressed 

14 to any other person’ includes an individual (other than the 

15 sender), a corporation or other legal person, and a govern16 ment or agency or component thereof.’’. 

17 (2) MAILED TO A FOREIGN COUNTRY.—Section 

18 877 of title 18, United States Code, is amended by 

19 adding at the end thereof the following new para20 graph: 

21 ‘‘For purposes of this section, the term ‘addressed to 

22 any person’ includes an individual, a corporation or other 

23 legal person, and a government or agency or component 

24 thereof.’’. 


ccoleman on PRODPC74 with BILLS
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 


ccoleman on PRODPC74 with BILLS