[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2861 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 643
115th CONGRESS
  2d Session
                                S. 2861

                          [Report No. 115-356]

  To prosecute, as a Federal crime, the assault or intimidation of a 
passenger train crew member to the same extent as such actions against 
                 aircraft crew members are prosecuted.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2018

  Ms. Duckworth (for herself and Mr. Hoeven) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           November 14, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To prosecute, as a Federal crime, the assault or intimidation of a 
passenger train crew member to the same extent as such actions against 
                 aircraft crew members are prosecuted.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Passenger Rail Crew 
Protection Parity Act''.</DELETED>

<DELETED>SEC. 2. INTERFERENCE WITH PASSENGER TRAIN CREW 
              MEMBERS.</DELETED>

<DELETED>    (a) In General.--Chapter 281 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 28104. Interference with passenger train crew 
              members</DELETED>
<DELETED>    ``(a) Offense.--It shall be unlawful for any person, while 
on a passenger train--</DELETED>
        <DELETED>    ``(1) to assault or intimidate a crew member, and 
        thereby interfere with the performance of the duties of a crew 
        member or lessen the ability of a crew member to perform those 
        duties; or</DELETED>
        <DELETED>    ``(2) to attempt or conspire to perform an act 
        described in paragraph (1).</DELETED>
<DELETED>    ``(b) Penalties.--A person who violates subsection (a)--
</DELETED>
        <DELETED>    ``(1) shall be fined under title 18, imprisoned 
        for not more than 20 years, or both; and</DELETED>
        <DELETED>    ``(2) if a dangerous weapon is used in assaulting 
        or intimidating the crew member, shall be imprisoned for any 
        term of years or for life.</DELETED>
<DELETED>    ``(c) Training.--Each passenger rail carrier is encouraged 
to review training programs of the rail carrier and provide, as 
necessary, additional training in areas such as de-escalating hostile 
situations, written protocols on dealing with hostile situations, and 
reporting of incidents.</DELETED>
<DELETED>    ``(d) Definition of Crew Member.--In this section, the 
term `crew member' includes engineers, conductors, on-board service 
personnel, and similar employees assigned to duty on an in-service 
passenger train.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 281 of 
title 49, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``28104. Interference with passenger train crew members.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Passenger Rail Crew Protection 
Act''.

SEC. 2. INTERFERENCE WITH PASSENGER TRAIN CREW MEMBERS.

    (a) Amendment.--
            (1) In general.--Chapter 281 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 28104. Interference with passenger train crew members
    ``(a) Definitions.--In this section:
            ``(1) Crew member.--The term `crew member' means a person, 
        other than a passenger, who is a service employee assigned to 
        duty on an in-service passenger train.
            ``(2) Dangerous weapon.--
                    ``(A) In general.--The term `dangerous weapon' 
                means a weapon, device, instrument, material, or 
                animate or inanimate substance that is used for, or is 
                readily capable of, causing death or serious bodily 
                injury.
                    ``(B) Inclusion.--The term `dangerous weapon' 
                includes--
                            ``(i) a pocket knife with a blade that is 
                        less than 2\1/2\ inches in length; and
                            ``(ii) a box cutter.
            ``(3) Passenger train.--The term `passenger train' means a 
        passenger train in intercity rail passenger transportation (as 
        defined in section 24102).
            ``(4) Serious bodily injury.--The term `serious bodily 
        injury' means a bodily injury that involves--
                    ``(A) a substantial risk of death;
                    ``(B) extreme physical pain;
                    ``(C) protracted and obvious disfigurement; or
                    ``(D) protracted loss or impairment of the function 
                of--
                            ``(i) a bodily member;
                            ``(ii) an organ; or
                            ``(iii) a mental facility.
            ``(5) Service employee.--The term `service employee' 
        includes--
                    ``(A) an engineer;
                    ``(B) a conductor;
                    ``(C) onboard personnel; and
                    ``(D) an employee performing, or responsible for, a 
                safety-sensitive function.
    ``(b) Offense.--It shall be unlawful for any person onboard a 
passenger train in operation, or on a platform serving a passenger 
train in operation--
            ``(1) to assault a crew member and thereby interfere with 
        the performance of the duties of a crew member or lessen the 
        ability of a crew member to perform those duties; or
            ``(2) to attempt or conspire to perform an act described in 
        paragraph (1).
    ``(c) Penalties.--A person who violates subsection (b)--
            ``(1) shall be fined under title 18 or imprisoned for not 
        more than 8 years, or both; and
            ``(2) if a dangerous weapon is used in assaulting the crew 
        member, shall be imprisoned for not more than 20 years.''.
            (2) Technical amendment.--The table of sections for chapter 
        281 of title 49, United States Code, is amended by adding at 
        the end the following:

``Sec.  28104. Interference with passenger train crew members.''.
    (b) Sense of Congress Regarding Assault Prevention and Response 
Training.--
            (1) Definition of rail passenger carrier.--In this 
        subsection, the term ``rail passenger carrier'' means a rail 
        carrier providing intercity rail passenger transportation (as 
        defined in section 24102 of title 49, United States Code).
            (2) Sense of congress.--It is the sense of Congress that 
        each rail passenger carrier should--
                    (A) develop and implement--
                            (i) training regarding--
                                    (I) assault prevention and 
                                response; and
                                    (II) deescalating hostile 
                                situations; and
                            (ii) protocols regarding--
                                    (I) dealing with hostile 
                                situations; and
                                    (II) reporting of incidents;
                    (B) offer the training and protocols described in 
                subparagraph (A) to the appropriate personnel; and
                    (C) publish in the terms of transportation of the 
                rail passenger carrier a notice describing the offense 
                of interference with passenger crew members under 
                section 28104 of title 49, United States Code (as added 
                by subsection (a)(1)).
    (c) GAO Report on Commuter Rail Assaults.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall--
                    (A) review the number of assaults on rail crew 
                members operating or assisting with commuter rail 
                passenger transportation (as defined in section 24102 
                of title 49, United States Code) at each of the 10 
                largest commuter rail carriers, as determined by annual 
                ridership, in the United States; and
                    (B) submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes the review 
                under subparagraph (A), including recommendations, if 
                any.
            (2) Contents.--The report under paragraph (1)(B) shall 
        include--
                    (A) a description of the number and types of 
                assaults on rail crew members described in paragraph 
                (1)(A), based on available data;
                    (B) a description of other available details 
                regarding assaults on rail crew members described in 
                paragraph (1)(A), such as--
                            (i) the function of involved crew members;
                            (ii) the locations of the incidents (such 
                        as on a train or platform); and
                            (iii) the circumstances surrounding the 
                        assaults;
                    (C) a description of the outcome of assault 
                incidents, such as the number of prosecutions of 
                assaults, based on available data; and
                    (D) an identification of any challenges in 
                reporting those assault incidents.
                                                       Calendar No. 643

115th CONGRESS

  2d Session

                                S. 2861

                          [Report No. 115-356]

_______________________________________________________________________

                                 A BILL

  To prosecute, as a Federal crime, the assault or intimidation of a 
passenger train crew member to the same extent as such actions against 
                 aircraft crew members are prosecuted.

_______________________________________________________________________

                           November 14, 2018

                       Reported with an amendment