[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 629 Reported in Senate (RS)]






                                                        Calendar No. 92
109th CONGRESS
  1st Session
                                 S. 629

   To amend chapter 97 of title 18, United States Code, relating to 
 protecting against attacks on railroads and other mass transportation 
                                systems.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2005

   Mr. Sessions (for himself, Mr. Kyl, and Mr. Hatch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                             April 25, 2005

                Reported by Mr. Specter, with amendments
 [Omit the parts struck through and insert the parts printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 97 of title 18, United States Code, relating to 
 protecting against attacks on railroads and other mass transportation 
                                systems.

    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 2005''.

SEC. 2. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER VESSELS, AND MASS 
              TRANSPORTATION SYSTEMS.

    (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 violence against railroad 
              carriers, passenger vessels, 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, a passenger vessel, or a mass 
        transportation vehicle;
            ``(2) with intent to endanger the safety of any passenger 
        or employee of a railroad carrier, passenger vessel, 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, mass transportation 
        provider, or owner of the passenger vessel--
                    ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device in, upon, 
                or near railroad on-track equipment, a passenger 
                vessel, 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, owner of a passenger vessel, 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; or
                    ``(C) structure, supply, or facility used in the 
                operation of, or in the support of the operation of, a 
                passenger vessel, without previously obtaining the 
                permission of the owner of the passenger vessel, and 
                with intent to, or knowing or having reason to know 
                that such activity would likely disable or wreck a 
                passenger vessel;
            ``(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, owner of a passenger vessel, 
        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, a passenger vessel, 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, 
        owner of a passenger vessel, 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 (7), <DELETED>shall 
        be fined
</DELETED>shall be fined under this title, imprisoned not more than 20 
years, or both.
<DELETED>    ``(b) Aggravated Offense.--Whoever commits an offense 
under subsection (a) in a circumstance in which--</DELETED>
        <DELETED>    ``(1) the railroad on-track equipment, passenger 
        vessel, or mass transportation vehicle was carrying a passenger 
        or employee at the time of the offense;</DELETED>
        <DELETED>    ``(2) the railroad on-track equipment, passenger 
        vessel, or mass transportation vehicle was carrying high-level 
        radioactive waste or spent nuclear fuel at the time of the 
        offense;</DELETED>
        <DELETED>    ``(3) the railroad on-track equipment, passenger 
        vessel, or mass transportation vehicle was carrying a hazardous 
        material at the time of the offense that--</DELETED>
                <DELETED>    ``(A) was required to be placarded under 
                subpart F of part 172 of title 49, Code of Federal 
                Regulations; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) the offense results in the death of any 
        person, shall be fined under this title, imprisoned for any 
        term of years or life, or both. The term of imprisonment for a 
        violation described in paragraph (2) shall be not less than 30 
        years. 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.</DELETED>
            ``(b) Aggravated Offense.--(1) Whoever commits an offense 
        under subsection (a) in a circumstance in which--
            ``(A) the railroad on-track equipment, passenger vessel, or 
        mass transportation vehicle was carrying a passenger or 
        employee at the time of the offense;
            ``(B) the railroad on-track equipment, passenger vessel, or 
        mass transportation vehicle was carrying high-level radioactive 
        waste or spent nuclear fuel at the time of the offense;
            ``(C) the railroad on-track equipment, passenger vessel, or 
        mass transportation vehicle was carrying a hazardous material 
        at the time of the offense that--
                    ``(i) was required to be placarded under subpart F 
                of part 172 of title 49, Code of Federal Regulations; 
                and
                    ``(ii) 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
            ``(D) the offense results in the death of any person,
        shall be fined under this title, imprisoned for any term of 
        years or life, or both.
    ``(2) The term of imprisonment for a violation described in 
paragraph (1)(B) shall be not less than 30 years.
    ``(3) In the case of a violation described in paragraph (1)(D), the 
offender shall be fined under this title and imprisoned for a term of 
years up to life or sentenced to death, in accordance with section 3591 
of title 18, United States Code.
    ``(c) Circumstances Required for Offense.--A circumstance described 
in this subsection 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, owner of a passenger vessel, or railroad carrier 
        engaged in or affecting interstate or foreign commerce.
            ``(2) Any person who 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 the 
        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 
        the 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 
        the term in section 5102(2) of title 49;
            ``(6) the term `high-level radioactive waste' has the 
        meaning given the 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 
        the 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 `passenger vessel' has the meaning given the 
        term in section 2101(22) of title 46, United States Code, and 
        includes a small passenger vessel (as defined under section 
        2101(35) of that title);
            ``(10) 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;
            ``(11) the term `railroad' has the meaning given the term 
        in section 20102(1) of title 49;
            ``(12) the term `railroad carrier' has the meaning given 
        the term in section 20102(2) of title 49;
            ``(13) the term `serious bodily injury' has the meaning 
        given the term in section 1365(h)(3);
            ``(14) the term `spent nuclear fuel' has the meaning given 
        the term in section 2(23) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101(23));
            ``(15) the term `State' has the meaning given the term in 
        section 2266(8);
            ``(16) the term `toxin' has the meaning given the term in 
        section 178(2); and
            ``(17) 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) Table of sections.--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, 
                            passenger vessels, and against mass 
                            transportation systems on land, on water, 
                            or through the air.''.
            (2) Table of chapters.--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) Conforming amendments.--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),''.
                                                        Calendar No. 92

109th CONGRESS

  1st Session

                                 S. 629

_______________________________________________________________________

                                 A BILL

   To amend chapter 97 of title 18, United States Code, relating to 
 protecting against attacks on railroads and other mass transportation 
                                systems.

_______________________________________________________________________

                             April 25, 2005

                        Reported with amendments