U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–356 

Calendar No. 643 

PASSENGER RAIL CREW PROTECTION 

PARITY ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2861 

NOVEMBER 14, 2018.—Ordered to be printed 


congress.#13
(II) 

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 staVerDate Sep 11 2014 04:02 Nov 17, 2018 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR356.XXX SR356
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1See 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/). 

tions 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

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. 

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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, 

4 

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 

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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

§ 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. 

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(B) INCLUSION.—The term ‘‘dangerous weapon’’ includes— 

(i) a pocket knife with a blade that is less than 21⁄2

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 safetysensitive 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. 

Æ