II 

111TH CONGRESS 

1ST SESSION S. 2844 

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2009 

Mr. SCHUMER (for himself, Mr. KYL, Mrs. FEINSTEIN, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

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 2009’’. 

6 SEC. 2. IMPROVEMENTS TO THE TERRORIST HOAX STAT7 UTE. 

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

9 United States Code, is amended— 

10 (1) in subsection (a)— 


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1 (A) in paragraph (1), after ‘‘title 49,’’ in2 sert ‘‘or any other offense listed under section 

3 2332b(g)(5)(B) of this title,’’; and 

4 (B) in paragraph (2)— 

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

6 ‘‘5 years’’ and inserting ‘‘10 years’’; and 

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

8 ‘‘20 years’’ and inserting ‘‘25 years’’; and 

9 (2) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(b) CIVIL ACTION.— 

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

13 conduct with intent to convey false or misleading in14 formation under circumstances where such informa15 tion may reasonably be believed and where such in16 formation indicates that an activity has taken, is 

17 taking, or will take place that would constitute an 

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

19 civil action to any party incurring expenses incident 

20 to any emergency or investigative response to that 

21 conduct, for those expenses. 

22 ‘‘(2) EFFECT OF CONDUCT.— 

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

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


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

2 any expenses that are incurred by that party— 

3 ‘‘(i) incident to any emergency or in4 vestigative response to any conduct de5 scribed in subparagraph (B)(i); and 

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

7 that conduct should have informed that 

8 party of the actual nature of the activity. 

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

10 in this subparagraph is any person that— 

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

12 the effect of conveying false or misleading 

13 information under circumstances where 

14 such information may reasonably be be15 lieved to indicate that an activity has 

16 taken, is taking, or will take place that 

17 would constitute an offense listed under 

18 subsection (a)(1); 

19 ‘‘(ii) receives actual notice that an20 other party is taking emergency or inves21 tigative action because that party believes 

22 that the information indicates that an ac23 tivity has taken, is taking, or will take 

24 place that would constitute an offense list25 ed under subsection (a)(1); and 


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

2 to promptly and reasonably inform 1 or 

3 more parties described in clause (ii) 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.’’. 

Æ 


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