[Senate Report 115-356]
[From the U.S. Government Publishing Office]
Calendar No. 643
115th Congress } { Report
SENATE
2d Session } { 115-356
_______________________________________________________________________
PASSENGER RAIL CREW PROTECTION PARITY ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2861
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 14, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARET WOOD HASSAN, New Hampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 643
115th Congress } { Report
SENATE
2d Session } { 115-356
======================================================================
PASSENGER RAIL CREW PROTECTION PARITY ACT
_______
November 14, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2861]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2861) 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, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2861 is to provide Federal protections to
certain rail passenger crew members against assault to improve
public safety and discourage violence aboard intercity rail
passenger transportation trains. The bill is further intended
to encourage such carriers to develop and implement assault
prevention and response training programs and to direct the
Government Accountability Office (GAO) to review the prevalence
of assaults occurring against commuter train crew members.
Background and Needs
Amtrak is the predominant rail passenger carrier providing
intercity rail passenger transportation in the United States.
Amtrak operates more than 21,400 route miles, serving over 500
stations in 46 States.\1\ In fiscal year 2017, Amtrak completed
31.7 million passenger trips with 12 million riders on its
Northeast Corridor, 15 million riders on its State-supported
routes, and 4.6 million riders on its long-distance routes.\2\
---------------------------------------------------------------------------
\1\See Amtrak National Facts (https://www.amtrak.com/national-
facts); Bureau of Transportation Statistics, Amtrak Ridership (May 20,
2017) (https://www.bts.gov/archive/publications/
multimodal_transportation_indicators/october_2005/
rail_amtrak_ridership).
\2\Amtrak Sets Ridership, Revenue and Earnings Records (Nov. 16,
2017) (https://media.amtrak.com/2017/11/amtrak-sets-ridership-revenue-
and-earnings-records/).
---------------------------------------------------------------------------
From 2015 to 2017, according to internal data, Amtrak
recorded 73 assaults to crew members aboard its trains with 49
of the reported assaults occurring in the Western Service
region and 24 assaults in the Northeastern Corridor and Eastern
Service region.
S. 2861 would provide that certain assaults be charged under
Federal law, as opposed to being adjudicated under the laws of
the local jurisdiction where they are committed. According to
Amtrak and rail labor groups, the application of Federal
criminal law to Amtrak assaults would improve public safety and
discourage violence aboard Amtrak passenger trains by serving
as a deterrent.
Similar Federal protections currently are provided to
airline crew members. Under section 46504 of title 49, United
States Code, a person on an aircraft in the special aircraft
jurisdiction of the United States who assaults or intimidates a
flight crew member, thereby interfering with the performance of
the crew member's duties or lessening the ability of the member
to perform those duties, or attempts or conspires to do such an
act, may be fined or imprisoned for up to 20 years, or both. If
a dangerous weapon is used in such an assault or intimidation,
the individual may be imprisoned for life.
Under S. 2861, only an assault that interferes with the
performance of a crew member's duties or lessens the crew
member's ability to perform such duties, or attempts or
conspires to commit such an assault, would be subject to
Federal penalties. Among other differences from the airline
crew provision, S. 2861 also would provide shorter terms for
imprisonment to account for differing characteristics and
levels of risk present in the passenger rail industry as
compared to aviation.
Summary of Provisions
If enacted, S. 2861 would do the following:
Make it unlawful for any person, while onboard a
passenger train providing intercity rail passenger
transportation in operation, or on a platform
serving such a train, to: (1) assault a crew member
and thereby interfere with the performance of the
duties of the crew member or lessen the ability of
a crew member to perform those duties; or (2)
attempt or conspire to perform such an act.
Direct GAO to 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) and submit a
report to Congress with any recommendations from
its findings.
Legislative History
S. 2861 was introduced on May 16, 2018, by Senator
Duckworth (for herself and Senator Hoeven) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On July 27, 2018, Senator Duckworth filed a substitute
amendment to the bill. On August 1, 2018, the Committee met in
an open Executive Session and by voice vote ordered S. 2861 to
be reported favorably with an amendment (in the nature of a
substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2861--Passenger Rail Crew Protection Parity Act
S. 2861 would establish a new federal crime addressing the
assault of certain crew members on passenger trains. As a
result, the government might be able to pursue cases that it
otherwise would not be able to prosecute. CBO expects that the
bill would apply to fewer than 10 cases a year, however, so any
increase in spending for law enforcement, court proceedings, or
prison operations would not be significant. Any such spending
would be subject to the availability of appropriated funds.
Because people prosecuted and convicted under S. 2861 could
be subject to criminal fines, the federal government might
collect additional amounts under the bill. Criminal fines are
recorded as revenues, deposited in the Crime Victims Fund, and
later spent without further appropriation. CBO expects that any
additional revenues and associated direct spending would not be
significant because the bill would probably affect fewer than
10 cases per year.
Pay-as-you-go procedures apply because enacting S. 2861
would affect direct spending and revenues.
CBO estimates that enacting S. 2861 would not significantly
increase net direct spending and would not increase on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
S. 2861 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
Section 2 of S. 2861, as reported, would expand Federal
protections against assault to crew members of a passenger
train providing intercity rail passenger transportation, which
is expected to predominantly cover Amtrak crew members. As
discussed above, from 2015 to 2017, Amtrak recorded 73 assaults
to crew members aboard its trains. For such assaults to
constitute an offense under S. 2861, the assault would have to
occur onboard an Amtrak train in operation, or on a platform
serving an Amtrak train in operation, and the assault would
have to interfere with the performance of the duties of the
Amtrak crew member or lessen that Amtrak crew member's ability
to perform those duties. With respect to attempt or conspiracy
to assault, Amtrak currently does not have data on the
prevalence of such crimes against crew members.
economic impact
S. 2861, as reported, is not expected to have a negative
impact on the Nation's economy.
privacy
S. 2861, as reported, is not expected to have an impact on
the personal privacy of individuals. Although the bill would
require GAO to report to Congress on the number of assaults on
commuter rail crew members, including a description of the
number and types of assaults and related available details, and
a description of the outcome of such assaults (such as the
number of prosecutions of assaults, based on available data),
such information is expected to be reported in a way that
protects individuals' privacy and aggregated to a degree that
no individual is identifiable.
paperwork
S. 2861, as reported, would only incrementally affect
paperwork requirements for regulated entities. Section 2(c) of
the bill would require GAO to report to Congress on the number
of assaults on commuter rail crew members, including a
description of the number and types of assaults and related
available details, a description of the outcome of such
assaults (such as the number of prosecutions of assaults, based
on available data), and identification of any challenges in
reporting assault incidents against commuter rail crew members.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Passenger Rail Crew Protection Act.''
Section 2. Interference with passenger train crew members.
This section would make it unlawful for any person onboard
a passenger train in operation, or on a platform serving a
passenger train in operation, to: (1) 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) attempt or conspire to perform such an act.
Passenger train would be defined as a passenger train in
intercity rail passenger service transportation (as defined in
section 24102 of title 49, United States Code). A violator
would be subject to a fine or imprisonment for not more than 8
years, or both, or not more than 20 years if a dangerous weapon
is used in assaulting the crew member.
Under this section, a platform serving a passenger train in
operation is intended to mean the immediate platform that is
closest to the passenger train that is used for boarding and
deboarding the passenger train. Crew member would mean a
service employee--defined as an engineer, conductor, onboard
personnel, and employee performing or responsible for a safety-
sensitive function--assigned to duty on an in-service passenger
train. Dangerous weapons would be defined as 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.
Additionally, this section would include the sense of
Congress that a rail passenger carrier providing intercity rail
passenger transportation should develop and implement training
and protocols on assault prevention and response, as well as
dealing with hostile situations. The section also would include
the sense of Congress that such a carrier should provide notice
to the public on the Federal offense created by this bill.
Finally, this section would direct the GAO to 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) and submit a report to Congress with any
recommendations from its findings.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE V. RAIL PROGRAMS
PART E. MISCELLANEOUS
CHAPTER 281. LAW ENFORCEMENT
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.
[all]