[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2289 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
                                S. 2289

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2004

Mr. Sessions introduced the following bill; which was read twice and 
        referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
  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; 
                or
                    ``(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;
            ``(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:

``97. Railroad carriers and mass transportation systems on      1991''.
                            land, on water, or through the 
                            air.
            (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),''.
                                 <all>