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S. 1608 (rs) To provide annual payments to the States and counties from National [Reported in Senate] ...


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108th CONGRESS
  1st Session
                                S. 1608

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 SENATE OF THE UNITED STATES

                           September 11, 2003

Mr. Sessions (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and 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 2003''.

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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