S.Amdt. 358
What it does: Adds SEC. __. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE at the end of the bill
Sen. Jon Kyl (R-AZ)What it changes
1 change to S. 990 · shown in the bill's text
Adds SEC. __. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE at the end of the bill
Adds a sectionIn S. 990 · Engrossed Amendment House
"(s) Competitive Selection Procedures for SBIR and STTR Programs.--All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.".
Inserted: SEC. __. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.
Inserted: (a) Hoax Statute.--Section 1038 of title 18, United States Code, is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) in paragraph (1), by inserting "or any other offense listed under section 2332b(g)(5)(B) of this title," after "title 49,"; and
Inserted: (B) in paragraph (2), by striking subparagraphs (A), (B), and (C) and inserting the following:
Inserted: "(A) shall be fined under this title and imprisoned for not less than 6 months nor more than 15 years;
Inserted: "(B) if serious bodily injury results, shall be fined under this title and imprisoned for not less than 5 years nor more than 30 years; and
Inserted: "(C) if death results, shall be fined under this title and imprisoned for not less than 10 years or for life."; and
Inserted: (2) by amending subsection (b) to read as follows:
Inserted: "(b) Civil Action.--
Inserted: "(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.
Inserted: "(2) Effect of conduct.--
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Inserted: "(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--
Inserted: "(i) incident to any emergency or investigative response to any conduct described in subparagraph (B)(i); and
Inserted: "(ii) after the person that engaged in that conduct should have informed that party of the actual nature of the activity.
Inserted: "(B) Applicability.--A person described in this subparagraph is any person that--
Inserted: "(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);
Inserted: "(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
Inserted: "(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.".
Inserted: (b) Threatening Communications.--
Inserted: (1) Mailed within the united states.--Section 876 of title 18, United States Code, is amended by adding at the end the following:
Inserted: "(e) For purposes of this section, the term 'addressed to any other person' includes a communication addressed to an individual (other than the sender), a corporation or other legal person, and a government or agency or component thereof.".
Inserted: (2) Mailed to a foreign country.--Section 877 of title 18, United States Code, is amended by adding at the end following new undesignated paragraph:
Inserted: "For purposes of this section, the term 'addressed to any person' includes a communication addressed to an individual, a corporation or other legal person, and a government or agency or component thereof.".
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 358. Mr. KYL submitted an amendment intended to be proposed by him to the bill S. 990, to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. 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), by inserting “or any other offense listed under section 2332b(g)(5)(B) of this title,” after “title 49,”; and
(B) in paragraph (2), by striking subparagraphs (A), (B), and (C) and inserting the following:
“(A) shall be fined under this title and imprisoned for not less than 6 months nor more than 15 years;
“(B) if serious bodily injury results, shall be fined under this title and imprisoned for not less than 5 years nor more than 30 years; and
“(C) if death results, shall be fined under this title and imprisoned for not less than 10 years or for life.”; 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 the following:
“(e) For purposes of this section, the term ‘addressed to any other person' includes a communication addressed to 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 following new undesignated paragraph:
“For purposes of this section, the term ‘addressed to any person' includes a communication addressed to an individual, a corporation or other legal person, and a government or agency or component thereof.”.
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Senate amendment submitted
May 25, 2011