[Senate Report 110-61]
[From the U.S. Government Publishing Office]
Calendar No. 134
110th Congress Report
SENATE
1st Session 110-61
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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 prohibition 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 anti-hoax 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 resources. 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 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;
(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.
(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.
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. 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.