To increase the penalties for terrorism against mass transportation and railroads and provide law enforcement with the tools to combat and prevent attacks on mass transportation and railroads.

March 18, 2004

Mr. SHAYS (for himself and Mr. RUPPERSBERGER) introduced the following bill; which was referred to the Committee on the Judiciary

To increase the penalties for terrorism against mass transportation and railroads and provide law enforcement with the tools to combat and prevent attacks on mass transportation and railroads.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Anti-Terrorism Protection of Mass Transportation and Railroad Carriers Act of 2004'.

SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYSTEMS AND RAILROAD CARRIERS.

(a) In General- Chapter 97 of title 18, United States Code, is amended by striking sections 1992 and 1993 and inserting the following:

`Sec. 1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers

`(a) General Prohibitions- Whoever willfully--

`(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;

`(2) places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier, without previously obtaining the permission of the mass transportation provider or railroad carrier, and with intent to endanger the safety of any passenger or employee of such a provider or carrier, or with a reckless disregard for the safety of human life;

`(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near any--

`(A) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by a mass transportation provider; or

`(B) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;

`(4) removes an appurtenance from, damages, or otherwise impairs the operation of a mass transportation signal or dispatching system or railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the mass transportation provider or railroad carrier;

`(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, with intent to endanger the safety of any passenger or employee of a mass transportation provider or railroad carrier, or with a reckless disregard for the safety of human life;

`(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or railroad carrier, or any other person while any of the foregoing is on the property of a mass transportation provider or railroad carrier;

`(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to do any act which would be a crime prohibited by this subsection;

`(8) causes the release of a hazardous material or a biological agent or toxin on the property of a mass transportation provider or railroad carrier, with the intent to endanger the safety of any person or with a reckless disregard for the safety of human life; or

`(9) attempts, threatens, or conspires to do any of the acts described in paragraphs (1) through (8), shall be fined under this title or imprisoned not more than 20 years, or both, if the act is committed, or, in the case of an attempt, threat, or conspiracy to do an act enumerated in paragraphs (1) through (8), it would be committed, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce, or if that person travels or communicates across a State line in order to commit an act enumerated in paragraphs (1) through (9), or transports materials across a State line in aid of the commission of an act enumerated in paragraphs (1) through (9).

`(b) Aggravated Offense- Whoever commits an offense under subsection (a) of this section in a circumstance in which--

`(1) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a passenger at the time of the offense;

`(2) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense;

`(3) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a hazardous material listed in table 1 of section 172.504 of title 49, Code of Federal Regulations, at the time of the offense; or

`(4) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for any term of years or life, or both; and, in the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), shall be subject to the death penalty or to imprisonment for life.

`(c) Conspiracy- A person who conspires to commit any offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

`(d) Nonapplicability- Provisions of subsections (a) and (c) of this section do not apply to the act of an entity with respect to a destructive substance or destructive device that is also classified as a hazardous material in commerce if the act--

`(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter; or

`(2) constitutes a violation of chapter 51 of title 49 or a regulation or order issued under that chapter, but not a criminal violation of that chapter, regulation, or order.

`(e) Definitions- In this section--

`(1) the term `biological agent' has the meaning given to that term in section 178(1) of this title;

`(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2 1/2 inches in length and a box cutter;

`(3) the term `destructive device' has the meaning given to that term in section 921(a)(4) of this title;

`(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes;

`(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49;

`(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));

`(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, United States Code, except that the term shall include school bus, charter, and sightseeing transportation;

`(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways;

`(9) the term `railroad' has the meaning given to that term in chapter 201 of title 49;

`(10) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49;

`(11) the term `serious bodily injury' has the meaning given to that term in section 1365 of this title;

`(12) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));

`(13) the term `State' has the meaning given to that term in section 2266 of this title;

`(14) the term `toxin' has the meaning given to that term in section 178(2) of this title; and

`(15) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.'.

(b) Conforming Amendments-

(1) Chapter- The chapter analysis for chapter 97 of title 18, United States Code, is amended--

(A) by striking `RAILROADS' in the chapter heading and inserting `MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR, AND RAILROAD CARRIERS';

(B) by striking the items relating to sections 1992 and 1993; and

(C) by inserting after the item relating to section 1991 the following:

`1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers.'.

(2) Part- The chapter analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following:

--1991'.

(3) Conforming amendments- The following sections of title 18, United States Code, are amended as follows:

(A) Section 2332b(g)(5)(B)(i) is amended by striking `1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),' and inserting `1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),'.

(B) Section 2339A is amended by striking `1993,'.

(C) Section 2516(1)(c) is amended by striking `1992 (relating to wrecking trains),' and inserting `1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),'.

SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEILLANCE PREDICATES.

(a) Authorization for Interruption- Section 2516 of title 18, United States Code, is amended--

(1) in subsection (1)--

(A) in paragraph (c)--

(i) by inserting before `section 1992 (relating to wrecking trains)' the following: `section 37 (relating to violence at international airports), section 930(c) (relating to attack on Federal facility with firearm), section 956 (conspiracy to harm persons or property overseas),'; and

(ii) by inserting before `a felony violation of section 1028' the following: `section 1993 (relating to mass transportation systems),'.

(B) in paragraph (q), by striking all that follows the first semicolon;

(C) by redesignating paragraph (r) as paragraph (s); and

(D) by inserting after paragraph (q) the following:

`(r) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or a criminal violation of section 2332d; or'; and

(2) in subsection (2), by inserting `an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or' after `the commission of'.

(b) Procedure for Interruption- Section 2518(7)(a) of title 18, United States Code, is amended--

(1) by redesignating subparagraphs (ii) and (iii) as subparagraphs (iii) and (iv) respectively; and

(2) by inserting after subparagraph (i) the following:

`(ii) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense,'.

(c) Pen Register- Section 3125(a)(1) of title 18, United States Code, is amended--

(1) in subparagraph (A), by striking `or' at the end;

(2) by redesignating subparagraph (B) as subparagraph (D); and

(3) by inserting after subparagraph (A) the following:

`(B) an offense listed in section 2332b(g)(5)(B), or an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense;

`(C) conspiratorial activities threatening the national security interest; or'.

(d) Definitions- Section 3127(2)(A) of title 18, United States Code, is amended to read as follows:

`(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that--

`(i) has jurisdiction over the offense being investigated;

`(ii) is in or for a district in which the provider of wire or electronic communication service is located; or

`(iii) is in or for a district in which a landlord, custodian, or other person subject to section 3124(a) or (b) is located; or'.

(e) Acts of Terrorism- Section 2332b(g)(5)(A) of title 18, United States Code, is amended to read as follows:

`(A) appears by its nature or context to be intended--

`(i) to intimidate or coerce a civilian population;

`(ii) to influence the policy of a government by intimidation or coercion; or

`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnaping; and'.

(f) International Terrorism- Paragraphs (1)(B) and (5)(B) of section 2331 of title 18, United States Code, are each amended by inserting `by their nature or context' after `appear'.

END