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108th CONGRESS
2d Session
H. R. 4008
To increase the penalties for terrorism against mass transportation and
railroads and provide law enforcement with the tools to combat and
prevent attacks on mass transportation and railroads.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2004
Mr. Shays (for himself and Mr. Ruppersberger) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To increase the penalties for terrorism against mass transportation and
railroads and provide law enforcement with the tools to combat and
prevent attacks on mass transportation and railroads.
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 ``Anti-Terrorism Protection of Mass
Transportation and Railroad Carriers Act of 2004''.
SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYSTEMS AND RAILROAD
CARRIERS.
(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 acts of violence against mass
transportation systems on land, on water, or through the
air, and against railroad carriers
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables a mass
transportation vehicle or ferry, or a train, locomotive,
tender, motor unit, freight or passenger car, or other on-track
equipment used, operated, or employed by a railroad carrier;
``(2) places or causes to be placed any biological agent or
toxin, destructive substance, or destructive device in, upon,
or near a mass transportation vehicle or ferry, or a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier, without previously obtaining the permission
of the mass transportation provider or railroad carrier, and
with intent to endanger the safety of any passenger or employee
of such a provider or carrier, or with a reckless disregard for
the safety of human life;
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places or causes to be
placed any biological agent or toxin, destructive substance, or
destructive device in, upon, or near any--
``(A) 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 or ferry, 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
or ferry used, operated, or employed by a mass
transportation provider; or
``(B) 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 a train, locomotive, tender,
motor unit, freight or passenger car, or other on-track
equipment used, operated, or employed by a railroad
carrier;
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a mass transportation signal or
dispatching system or railroad signal system, including a train
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal, without authorization
from the mass transportation provider or railroad carrier;
``(5) 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 a mass transportation
vehicle or ferry, or a train, locomotive, tender, motor unit,
freight or passenger car, or other on-track equipment, with
intent to endanger the safety of any passenger or employee of a
mass transportation provider or railroad carrier, or with a
reckless disregard for the safety of human life;
``(6) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious bodily injury
to an employee or passenger of a mass transportation provider
or railroad carrier, or any other person while any of the
foregoing is on the property of a mass transportation provider
or railroad carrier;
``(7) conveys or causes to be conveyed 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 do any act which would be a crime prohibited by this
subsection;
``(8) causes the release of a hazardous material or a
biological agent or toxin on the property of a mass
transportation provider or railroad carrier, with the intent to
endanger the safety of any person or with a reckless disregard
for the safety of human life; or
``(9) attempts, threatens, or conspires to do any of the
acts described in paragraphs (1) through (8), shall be fined
under this title or imprisoned not more than 20 years, or both,
if the act is committed, or, in the case of an attempt, threat,
or conspiracy to do an act enumerated in paragraphs (1) through
(8), it would be committed, on, against, or affecting a mass
transportation provider or railroad carrier engaged in or
affecting interstate or foreign commerce, or if that person
travels or communicates across a State line in order to commit
an act enumerated in paragraphs (1) through (9), or transports
materials across a State line in aid of the commission of an
act enumerated in paragraphs (1) through (9).
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the mass transportation vehicle or ferry, or train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment, was carrying a passenger at the time
of the offense;
``(2) the mass transportation vehicle or ferry, or train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment, was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense;
``(3) the mass transportation vehicle or ferry, or train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment, was carrying a hazardous material
listed in table 1 of section 172.504 of title 49, Code of
Federal Regulations, at the time of the offense; or
``(4) the offense has resulted in the death of any person,
shall be guilty of an aggravated form of the offense and shall
be fined under this title or imprisoned for any term of years
or life, or both; and, 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), shall be subject to the death penalty or to
imprisonment for life.
``(c) Conspiracy.--A person who conspires to commit any offense
under this section shall be subject to the same penalties (other than
the penalty of death) as the penalties prescribed for the offense, the
commission of which was the object of the conspiracy.
``(d) Nonapplicability.--Provisions of subsections (a) and (c) of
this section do not apply to the act of an entity with respect to a
destructive substance or destructive device that is also classified as
a hazardous material in commerce if the act--
``(1) complies with chapter 51 of title 49 and regulations,
exemptions, approvals, and orders issued under that chapter; or
``(2) constitutes a violation of chapter 51 of title 49 or
a regulation or order issued under that chapter, but not a
criminal violation of that chapter, regulation, or order.
``(e) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1) of this title;
``(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) of this title;
``(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, United States
Code, except that the term shall include 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' has the meaning given to that
term in chapter 201 of title 49;
``(10) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(11) the term `serious bodily injury' has the meaning
given to that term in section 1365 of this title;
``(12) 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));
``(13) the term `State' has the meaning given to that term
in section 2266 of this title;
``(14) the term `toxin' has the meaning given to that term
in section 178(2) of this title; and
``(15) 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) Chapter.--The chapter analysis for chapter 97 of title
18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter
heading and inserting ``MASS TRANSPORTATION SYSTEMS ON
LAND, ON WATER, OR THROUGH THE AIR, AND RAILROAD
CARRIERS'';
(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 acts of violence against mass
transportation systems on land, on water,
or through the air, and against railroad
carriers.''.
(2) Part.--The chapter analysis for part I of title 18,
United States Code, is amended by striking the item relating to
chapter 97 and inserting the following:
``97. Mass transportation systems on land, on water, or 1991''.
through the air, and railroad
carriers.
(3) Conforming amendments.--The following sections of title
18, United States Code, are amended as follows:
(A) Section 2332b(g)(5)(B)(i) is amended 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
mass transportation systems on land, on water, or
through the air),''.
(B) Section 2339A is amended by striking ``1993,''.
(C) Section 2516(1)(c) is amended by striking
``1992 (relating to wrecking trains),'' and inserting
``1992 (relating to terrorist attacks and other acts of
violence against railroad carriers and mass
transportation systems on land, on water, or through
the air),''.
SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEILLANCE PREDICATES.
(a) Authorization for Interruption.--Section 2516 of title 18,
United States Code, is amended--
(1) in subsection (1)--
(A) in paragraph (c)--
(i) by inserting before ``section 1992
(relating to wrecking trains)'' the following:
``section 37 (relating to violence at
international airports), section 930(c)
(relating to attack on Federal facility with
firearm), section 956 (conspiracy to harm
persons or property overseas),''; and
(ii) by inserting before ``a felony
violation of section 1028'' the following:
``section 1993 (relating to mass transportation
systems),''.
(B) in paragraph (q), by striking all that follows
the first semicolon;
(C) by redesignating paragraph (r) as paragraph
(s); and
(D) by inserting after paragraph (q) the following:
``(r) an offense listed in section 2332b(g)(5)(B), an offense
involved in or related to domestic or international terrorism as
defined in section 2331, or a criminal violation of section 2332d;
or''; and
(2) in subsection (2), by inserting ``an offense listed in
section 2332b(g)(5)(B), an offense involved in or related to
domestic or international terrorism as defined in section 2331,
or'' after ``the commission of''.
(b) Procedure for Interruption.--Section 2518(7)(a) of title 18,
United States Code, is amended--
(1) by redesignating subparagraphs (ii) and (iii) as
subparagraphs (iii) and (iv) respectively; and
(2) by inserting after subparagraph (i) the following:
``(ii) an offense listed in section
2332b(g)(5)(B), an offense involved in or
related to domestic or international terrorism
as defined in section 2331, or an attempt or
conspiracy to commit such an offense,''.
(c) Pen Register.--Section 3125(a)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
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