[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1528
To improve the safety and security of rail transportation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 10, 2001
Mr. McCain (for himself and Mr. Smith of Oregon) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the safety and security of rail transportation.
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 ``Rail Transportation Safety and
Security Act''.
SEC. 2. PASSENGER RAIL SAFETY AND SECURITY ASSISTANCE.
(a) In General.--To improve the safety and security of rail
transportation provided by Amtrak, the Secretary of Transportation may,
through appropriate funding documents, procedures, and arrangements
(including contracts, loans, grants, and cooperative agreements) make
available--
(1) $515,000,000 for systemwide security upgrades,
including hiring and training additional police officers,
canine-assisted security units, and surveillance equipment; and
(2) $998,000,000 to be used to complete New York tunnel
life safety projects and rehabilitate tunnels in Washington,
D.C., and Baltimore, Maryland.
(b) Plan Required.--The Secretary may not make such amounts
available to Amtrak for obligation or expenditure under subsection
(a)--
(1) for implementing systemwide security upgrades until
Amtrak has submitted to the Secretary, and the Secretary has
approved, a plan for such upgrades;
(2) for completing the tunnel life safety and
rehabilitation projects until Amtrak has submitted to the
Secretary, and the Secretary has approved, an engineering and
financial plan for such projects; and
(3) Amtrak has submitted to the Secretary such additional
information as the Secretary may require in order to ensure
full accountability for the obligation or expenditure of
amounts made available to Amtrak for such purposes.
(c) Assessment by DOT Inspector General.--The Inspector General of
the Department of Transportation shall, as part of the Department's
annual assessment of Amtrak's financial status and capital funding
requirements, review the obligation and expenditure of funds under each
such funding document, procedure, or arrangement to ensure that the
expenditure and obligation of those funds are consistent with the
purposes for which they are provided under this Act.
(d) Report on Overlap.--Within 60 days after the date of enactment
of this Act, the Inspector General of the Department of Transportation
shall transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure that identifies any overlap between--
(1) capital projects for which funds are provided under
such funding documents, procedures, or arrangements; and
(2) capital projects included in Amtrak's 20-year capital
plan.
SEC. 3. RAIL POLICE OFFICERS.
Section 28101 of title 49, United States Code, is amended by
striking ``the rail carrier'' each place it appears and inserting ``any
rail carrier''.
SEC. 4. TERRORIST ATTACKS AGAINST RAILROADS.
(a) In General.--Section 1992 of title 18, United States Code, is
amended to read as follows:
``Sec. 1992. Terrorist attacks against railroads
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables any train,
locomotive, motor unit, or freight or passenger car used,
operated, or employed by a railroad carrier;
``(2) brings, carries, possesses, places or causes to be
placed any destructive substance, or destructive device in,
upon, or near any train, locomotive, motor unit, or freight or
passenger car used, operated, or employed by a railroad
carrier, without previously obtaining the permission of the
carrier, and with intent to endanger the safety of any
passenger or employee of the carrier, or with a reckless
disregard for the safety of human life;
``(3) sets fire to, or places any destructive substance, or
destructive device in, upon or near, or undermines any tunnel,
bridge, viaduct, trestle, track, 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, or otherwise makes any such
tunnel, bridge, viaduct, trestle, track, station, depot,
warehouse, terminal, or any other way, structure, property, or
appurtenance unworkable or unusable or hazardous to work or
use, knowing or having reason to know such activity would
likely derail, disable, or wreck a train, locomotive, motor
unit, or freight or passenger car used, operated, or employed
by a railroad carrier;
``(4) removes appurtenances from, damages, or otherwise
impairs the operation of any railroad signal system, including
a train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal on a railroad
line used, operated, or employed by a railroad carrier;
``(5) interferes with, disables, or incapacitates any
locomotive engineer, conductor, or other person while they are
operating or maintaining a train, locomotive, motor unit, or
freight or passenger car used, operated, or employed by a
railroad carrier, with intent to endanger the safety of any passenger
or employee of the carrier, 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 railroad carrier
while on the property of the carrier;
``(7) causes the release of a hazardous material being
transported by a rail freight car, with the intent to endanger
the safety of any person, or with a reckless disregard for the
safety of human life;
``(8) 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 that
would be a crime prohibited by this subsection; or
``(9) attempts, threatens, or conspires to do any of the
aforesaid acts, shall be fined under this title or imprisoned
not more than 20 years, or both, if such act is committed, or
in the case of a threat or conspiracy such act would be
committed, within the United States on, against, or affecting a
railroad carrier engaged in or 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; except that whoever is
convicted of any crime prohibited by this subsection shall be--
``(A) imprisoned for not less than 30 years or for
life if the railroad train involved carried high-level
radioactive waste or spent nuclear fuel at the time of
the offense;
``(B) imprisoned for life if the railroad train
involved was carrying passengers at the time of the
offense; and
``(C) imprisoned for life or sentenced to death if
the offense has resulted in the death of any person.
``(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 passenger train of a railroad
carrier, or attempts to do so, shall be fined under this title
or imprisoned not more than 1 year, or both, if such act is
committed on a railroad carrier that is 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 passenger train or in a passenger
terminal facility of a railroad carrier, 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 railroad carrier
that is 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 paragraphs (1) or (2), or in the
course of an attack on a passenger train or a passenger
terminal facility of a railroad carrier involving the use of a
firearm or other dangerous weapon, shall be punished as
provided in sections 1111, 1112, and 1113.
``(4) Paragraph (1) shall 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;
``(D) the possession of a firearm or other
dangerous weapon by a railroad police officer employed
by a rail carrier and certified or commissioned as a
police officer under the laws of a State, whether on or
off duty; or
``(E) an individual transporting a firearm on board
a railroad passenger train (except a loaded firearm) in
baggage not accessible to any passenger on board the
train, if the railroad carrier was informed of the
presence of the weapon prior to the firearm being
placed on board the train.
``(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 locomotive or car of a train, 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 railroad
carrier 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 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) Dangerous device.--The term `dangerous device' has
the meaning given that term in section 921(a)(4) of this title.
``(2) Dangerous weapon.--The term `dangerous weapon' has
the meaning given that term in section 930 of this title.
``(3) Destructive substance.--The term `destructive
substance' has the meaning given that term in section 31 of
this title, 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) `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) Firearm.--The term `firearm' has the meaning given
that term in section 921 of this title.
``(5) Hazardous material.--The term `hazardous material'
has the meaning given that term in section 5102(2) of title 49,
United States Code.
``(6) High-level radioactive waste.--The term `high-level
radioactive waste' has the meaning given that term in section
10101(12) of title 42, United States Code.
``(7) Railroad.--The term `railroad' has the meaning given
that term in section 20102(1) of title 49, United States Code.
``(8) Railroad carrier.--The term `railroad carrier' has
the meaning given that term in section 20102(2) of title 49,
United States Code.
``(9) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section 1365 of this
title.
``(10) Spent nuclear fuel.--The term `spent nuclear fuel'
has the meaning given that term in section 10101(23) of title
42, United States Code.
``(11) State.--The term `State' has the meaning given that
term in section 2266 of this title.''.
(b) Clerical Amendment.--The chapter analysis for chapter 97 of
title 18, United States Code, is amended by striking the item relating
to section 1992 and inserting the following:
``1992. Terrorist attacks against railroads.''.
SEC. 5. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
The Secretary of Transportation shall, in consultation with the
rail industry and public safety officials, assess the security risks
associated with rail transportation and develop recommendations for
target-hardening those areas identified as posing significant risk to
public safety. The Secretary shall transmit a report to the Congress
within 90 days after the date of enactment of this Act setting forth
the assessment, together with any proposals to provide Federal
assistance to aid in the protection against deliberate acts of crime or
terrorists acts toward rail employees, rail passengers, rail shipments,
or rail property. The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that such
action is appropriate or necessary.
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