[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1080

To provide penalties for terrorist attacks against mass transportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1999

Mr. Blumenauer (for himself, Mr. Inslee, Mrs. Meek of Florida, Mr. Ney, 
and Mr. Quinn) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide penalties for terrorist attacks against mass transportation.

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

SECTION 1. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

    (a) In General.--Chapter 97 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1994. Terrorist attacks against mass transportation
    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or vessel;
            ``(2) places or causes to be placed any destructive 
        substance in, upon, or near a mass transportation vehicle or 
        vessel, without previously obtaining the permission of the mass 
        transportation providers;
            ``(3) sets fire to, or places any destructive substance in, 
        upon, or near any garage, terminal, structure, supply, or 
        facility used in the operation of, or in support of the 
        operation of, a mass transportation vehicle, 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;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade-crossing warning signal;
            ``(5) interferes with, disables, or incapacitates any 
        driver or person while they are employed in operating or 
        maintaining a mass transportation vehicle or vessel, or any 
        ticket and fare collection activities, while that driver or 
        person is engaged in the duties of that employment, with intent 
        to endanger the safety of any passenger or employee of the mass 
        transportation provider, or with a reckless disregard for the 
        safety of human life;
            ``(6) commits an act intended to cause death or serious 
        bodily injury to an employee or passenger of a mass 
        transportation provider on the property of a mass 
        transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection, except that 
        this paragraph does not prohibit any lawfully authorized 
        investigative, protective, or intelligence activity of a law 
        enforcement agency of the United States, a State, or a 
        political subdivision of a State, or of an intelligence agency 
        of the United States; or
            ``(8) attempts, threatens, or conspires to do any of the 
        acts prohibited in paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 years, 
or both, if such act is committed on or against a mass transportation 
provider engaged in or affecting interstate or foreign commerce, or if 
in the course of committing such act, that person travels or 
communicates across a State line in order to commit such act, or 
transports materials across a State line in aid of the commission of 
such act. Whoever is convicted under this section shall also be subject 
to imprisonment for life if the mass transportation vehicle or vessel 
was carrying a passenger at the time of the offense.
    ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
(1) Except as provided in paragraph (4), whoever knowingly possesses or 
causes to be present any firearm or other dangerous weapon on board a 
mass transportation vehicle or vessel, or attempts to do so, shall be 
fined under this title or imprisoned not more than one year, or both, 
if such act is committed on a mass transportation provider engaged in 
or affecting interstate or foreign commerce, or if in the course of 
committing such act, that person travels or communicates across a State 
line in order to commit such act, or transports materials across a 
State line in aid of the commission of such act.
    ``(2) Whoever, with intent that a firearm or other dangerous weapon 
be used in the commission of a crime, knowingly possesses or causes to 
be present such firearm or dangerous weapon on board a mass 
transportation vehicle or vessel, or in a mass transportation passenger 
terminal facility, or attempts to do so, shall be fined under this 
title or imprisoned not more than 5 years, or both, if such act is 
committed on a mass transportation provider engaged in or affecting 
interstate or foreign commerce, or if in the course of committing such 
act, that person travels or communicates across a State line in order 
to commit such act, or transports materials across a State line in aid 
of the commission of such act.
    ``(3) A person who kills or attempts to kill a person in the course 
of a violation of paragraph (1) or (2), or in the course of an attack 
on a mass transportation vehicle or vessel, or a mass transportation 
passenger terminal facility involving the use of a firearm or other 
dangerous weapon, shall be punished as provided in sections 1111, 1112, 
and 1113 of this title, except that the penalty of death may not be 
imposed with respect to a killing made an offense by this section.
    ``(4) Paragraph (1) does not apply to--
            ``(A) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a 
        State, or a political subdivision thereof, while engaged in the 
        lawful performance of official duties, who is authorized by law 
        to engage in the transportation of people accused or convicted 
        of crimes, or supervise the prevention, detection, 
        investigation, or prosecution of any violation of law;
            ``(B) the possession of a firearm or other dangerous weapon 
        by an officer, agent, or employee of the United States, a 
        State, or a political subdivision thereof, while off duty, if 
        such possession is authorized by law;
            ``(C) the possession of a firearm or other dangerous weapon 
        by a Federal official or a member of the Armed Forces if such 
        possession is authorized by law; or
            ``(D) an individual transporting a firearm on board a mass 
        transportation vehicle or vessel (except a loaded firearm) in 
        baggage not accessible to any passenger on board the vehicle or 
        vessel, if the mass transportation provider was informed of the 
        presence of the weapon prior to the firearm being placed on 
        board the vehicle or vessel.
    ``(c) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object or 
destructive substance at any mass transportation vehicle or vessel, 
knowing or having reason to know such activity would likely cause 
personal injury, shall be fined under this title or imprisoned for not 
more than 5 years, or both, if such act is committed on or against a 
mass transportation provider engaged in or substantially affecting 
interstate or foreign commerce, or if in the course of committing such 
acts, that person travels or communicates across a State line in order 
to commit such acts, or transports materials across a State line in aid 
of the commission of such acts. Whoever is convicted of any crime 
prohibited by this subsection shall also be subject to imprisonment for 
not more than 20 years if the offense has resulted in the death of any 
person.
    ``(d) Definitions.--In this section--
            ``(1) the term `dangerous device' has the meaning given to 
        that term in section 921(a)(4) of this title;
            ``(2) the term `dangerous weapon' has the meaning given to 
        that term in section 930 of this title;
            ``(3) the term `destructive substance' has the meaning 
        given to that term in section 31, except that--
                    ``(A) the term `radioactive device' does not 
                include any radioactive device or material used solely 
                for medical, industrial, research, or other peaceful 
                purposes; and
                    ``(B) the term `destructive substance' includes any 
                radioactive device or material that can be used to 
                cause a harm listed in subsection (a) and that is not 
                in use solely for medical, industrial, research, or 
                other peaceful purposes;
            ``(4) the term `firearm' has the meaning given to that term 
        in section 921 of this title;
            ``(5) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, except that the 
        term also includes school bus, charter, and sightseeing 
        transportation;
            ``(6) the term `serious bodily injury' has the meaning 
        given to that term in section 1365 of this title; and
            ``(7) the term `State' has the meaning given to that term 
        in section 2266 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 97 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1994. Terrorist attacks against mass transportation.''.

SEC. 2. INVESTIGATIVE JURISDICTION.

    The Federal Bureau of Investigation shall lead the investigation of 
all offenses under section 1994 of title 18, United States Code. The 
Federal Bureau of Investigation shall cooperate with the National 
Transportation Safety Board and with the Department of Transportation 
in safety investigations by these agencies, and with the Treasury 
Department's Bureau of Alcohol, Tobacco and Firearms concerning an 
investigation regarding the possession of firearms and explosives.
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