To amend title 18, United States Code, to combat terrorism against railroad carriers and mass transportation systems on land, on water, or through the air, and for other purposes.

April 2, 2004

Mrs. CAPITO introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, to combat terrorism against railroad carriers and mass transportation systems on land, on water, or through the air, and for other purposes.

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 `Railroad Carriers and Mass Transportation Protection Act of 2004'.

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

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

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

`(a) General Prohibitions- Whoever, in a circumstance described in subsection (c), knowingly--

`(1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle;

`(2) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier--

`(A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or

`(B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier or mass transportation provider;

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

`(A) 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 railroad on-track equipment;

`(B) 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, 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 used, operated, or employed by a mass transportation provider; or

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

`(5) with intent to endanger the safety of any passenger or employee of a railroad carrier or mass transportation provider or with a reckless disregard for the safety of human life, 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 railroad on-track equipment or a mass transportation vehicle;

`(6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier or mass transportation provider that is used for railroad or mass transportation purposes;

`(7) conveys 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 engage in a violation of this subsection; or

`(8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (8);

shall be fined under this title or imprisoned not more than 20 years, or both.

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

`(1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense;

`(2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense;

`(3) the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that--

`(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and

`(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or

`(4) the offense results in the death of any person;

shall be fined under this title or imprisoned for any term of years or life, or both. 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), the offender shall be fined under this title and imprisoned for life and be subject to the death penalty.

`(c) Circumstances Required for Offense- A circumstance referred to in subsection (a) is any of the following:

`(1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce.

`(2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense.

`(d) Nonapplicability- Subsection (a) does not apply to the conduct with respect to a destructive substance or destructive device that is also classified under chapter 51 of title 49 as a hazardous material in commerce if the conduct--

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

`(2) constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter.

`(e) Definitions- In this section--

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

`(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);

`(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, except that the term includes 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 on-track equipment' means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;

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

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

`(12) the term `serious bodily injury' has the meaning given to that term in section 1365;

`(13) 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));

`(14) the term `State' has the meaning given to that term in section 2266;

`(15) the term `toxin' has the meaning given to that term in section 178(2); and

`(16) 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) The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended--

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

(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 violence against railroad carriers and against mass transportation systems on land, on water, or through the air.'.

(2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following:

--1991'.

(3) Title 18, United States Code, is amended--

(A) in section 2332b(g)(5)(B)(i), 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 against mass transportation systems on land, on water, or through the air),';

(B) in section 2339A, by striking `1993,'; and

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

END