I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Terrorism Protec5 tion of Mass Transportation and Railroad Carriers Act of 

6 2004’’. 
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1 SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYS2 TEMS AND RAILROAD CARRIERS. 

3 (a) IN GENERAL.—Chapter 97 of title 18, United 

4 States Code, is amended by striking sections 1992 and 

5 1993 and inserting the following: 

6 ‘‘§ 1992. Terrorist attacks and other acts of violence 

7 against mass transportation systems on 

8 land, on water, or through the air, and 

9 against railroad carriers 

10 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

11 ‘‘(1) wrecks, derails, sets fire to, or disables a 

12 mass transportation vehicle or ferry, or a train, loco13 motive, tender, motor unit, freight or passenger car, 

14 or other on-track equipment used, operated, or em15 ployed by a railroad carrier; 

16 ‘‘(2) places or causes to be placed any biological 

17 agent or toxin, destructive substance, or destructive 

18 device in, upon, or near a mass transportation vehi19 cle or ferry, or a train, locomotive, tender, motor 

20 unit, freight or passenger car, or other on-track 

21 equipment used, operated, or employed by a railroad 

22 carrier, without previously obtaining the permission 

23 of the mass transportation provider or railroad car24 rier, and with intent to endanger the safety of any 

25 passenger or employee of such a provider or carrier, 
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1 or with a reckless disregard for the safety of human 

2 life; 

3 ‘‘(3) sets fire to, undermines, makes unwork4 able, unusable, or hazardous to work on or use, or 

5 places or causes to be placed any biological agent or 

6 toxin, destructive substance, or destructive device in, 

7 upon, or near any—

8 ‘‘(A) garage, terminal, structure, track, 

9 electromagnetic guideway, supply, or facility 

10 used in the operation of, or in support of the 

11 operation of, a mass transportation vehicle or 

12 ferry, without previously obtaining the permis13 sion of the mass transportation provider, and 

14 with intent to, or knowing or having reason to 

15 know such activity would likely, derail, disable, 

16 or wreck a mass transportation vehicle or ferry 

17 used, operated, or employed by a mass trans18 portation provider; or 

19 ‘‘(B) tunnel, bridge, viaduct, trestle, track, 

20 electromagnetic guideway, signal, station, depot, 

21 warehouse, terminal, or any other way, struc22 ture, property, or appurtenance used in the op23 eration of, or in support of the operation of, a 

24 railroad carrier, without previously obtaining 

25 the permission of the railroad carrier, and with 
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1 intent to, or knowing or having reason to know 

2 such activity would likely, derail, disable, or 

3 wreck a train, locomotive, tender, motor unit, 

4 freight or passenger car, or other on-track 

5 equipment used, operated, or employed by a 

6 railroad carrier; 

7 ‘‘(4) removes an appurtenance from, damages, 

8 or otherwise impairs the operation of a mass trans9 portation signal or dispatching system or railroad 

10 signal system, including a train control system, cen11 tralized dispatching system, or highway-railroad 

12 grade crossing warning signal, without authorization 

13 from the mass transportation provider or railroad 

14 carrier; 

15 ‘‘(5) interferes with, disables, or incapacitates 

16 any dispatcher, driver, captain, locomotive engineer, 

17 railroad conductor, or other person while the person 

18 is employed in dispatching, operating, or maintain19 ing a mass transportation vehicle or ferry, or a 

20 train, locomotive, tender, motor unit, freight or pas21 senger car, or other on-track equipment, with intent 

22 to endanger the safety of any passenger or employee 

23 of a mass transportation provider or railroad carrier, 

24 or with a reckless disregard for the safety of human 

25 life; 
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1 ‘‘(6) commits an act, including the use of a 

2 dangerous weapon, with the intent to cause death or 

3 serious bodily injury to an employee or passenger of 

4 a mass transportation provider or railroad carrier, 

5 or any other person while any of the foregoing is on 

6 the property of a mass transportation provider or 

7 railroad carrier; 

8 ‘‘(7) conveys or causes to be conveyed false in9 formation, knowing the information to be false, con10 cerning an attempt or alleged attempt that was 

11 made, is being made, or is to be made, to do any 

12 act which would be a crime prohibited by this sub13 section; 

14 ‘‘(8) causes the release of a hazardous material 

15 or a biological agent or toxin on the property of a 

16 mass transportation provider or railroad carrier, 

17 with the intent to endanger the safety of any person 

18 or with a reckless disregard for the safety of human 

19 life; or 

20 ‘‘(9) attempts, threatens, or conspires to do any 

21 of the acts described in paragraphs (1) through (8), 

22 shall be fined under this title or imprisoned not 

23 more than 20 years, or both, if the act is committed, 

24 or, in the case of an attempt, threat, or conspiracy 

25 to do an act enumerated in paragraphs (1) through 
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1 (8), it would be committed, on, against, or affecting 

2 a mass transportation provider or railroad carrier 

3 engaged in or affecting interstate or foreign com4 merce, or if that person travels or communicates 

5 across a State line in order to commit an act enu6 merated in paragraphs (1) through (9), or trans7 ports materials across a State line in aid of the com8 mission of an act enumerated in paragraphs (1) 

9 through (9). 

10 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 

11 offense under subsection (a) of this section in a cir12 cumstance in which—

13 ‘‘(1) the mass transportation vehicle or ferry, or 

14 train, locomotive, tender, motor unit, freight or pas15 senger car, or other on-track equipment, was car16 rying a passenger at the time of the offense; 

17 ‘‘(2) the mass transportation vehicle or ferry, or 

18 train, locomotive, tender, motor unit, freight or pas19 senger car, or other on-track equipment, was car20 rying high-level radioactive waste or spent nuclear 

21 fuel at the time of the offense; 

22 ‘‘(3) the mass transportation vehicle or ferry, or 

23 train, locomotive, tender, motor unit, freight or pas24 senger car, or other on-track equipment, was car25 rying a hazardous material listed in table 1 of sec-
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1 tion 172.504 of title 49, Code of Federal Regula2 tions, at the time of the offense; or 

3 ‘‘(4) the offense has resulted in the death of 

4 any person, shall be guilty of an aggravated form of 

5 the offense and shall be fined under this title or im6 prisoned for any term of years or life, or both; and, 

7 in the case of a violation described in paragraph (2), 

8 the term of imprisonment shall be not less than 30 

9 years; and, in the case of a violation described in 

10 paragraph (4), shall be subject to the death penalty 

11 or to imprisonment for life. 

12 ‘‘(c) CONSPIRACY.—A person who conspires to com13 mit any offense under this section shall be subject to the 

14 same penalties (other than the penalty of death) as the 

15 penalties prescribed for the offense, the commission of 

16 which was the object of the conspiracy. 

17 ‘‘(d) NONAPPLICABILITY.—Provisions of subsections 

18 (a) and (c) of this section do not apply to the act of an 

19 entity with respect to a destructive substance or destruc20 tive device that is also classified as a hazardous material 

21 in commerce if the act—

22 ‘‘(1) complies with chapter 51 of title 49 and 

23 regulations, exemptions, approvals, and orders 

24 issued under that chapter; or 
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1 ‘‘(2) constitutes a violation of chapter 51 of 

2 title 49 or a regulation or order issued under that 

3 chapter, but not a criminal violation of that chapter, 

4 regulation, or order. 

5 ‘‘(e) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘biological agent’ has the meaning 

7 given to that term in section 178(1) of this title; 

8 ‘‘(2) the term ‘dangerous weapon’ means a 

9 weapon, device, instrument, material, or substance, 

10 animate or inanimate, that is used for, or is readily 

11 capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 12 ⁄2

13 inches in length and a box cutter; 

14 ‘‘(3) the term ‘destructive device’ has the mean15 ing given to that term in section 921(a)(4) of this 

16 title; 

17 ‘‘(4) the term ‘destructive substance’ means an 

18 explosive substance, flammable material, infernal 

19 machine, or other chemical, mechanical, or radio20 active device or material, or matter of a combustible, 

21 contaminative, corrosive, or explosive nature, except 

22 that the term ‘radioactive device’ does not include 

23 any radioactive device or material used solely for 

24 medical, industrial, research, or other peaceful pur25 poses; 
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1 ‘‘(5) the term ‘hazardous material’ has the 

2 meaning given to that term in chapter 51 of title 49; 

3 ‘‘(6) the term ‘high-level radioactive waste’ has 

4 the meaning given to that term in section 2(12) of 

5 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

6 10101(12)); 

7 ‘‘(7) the term ‘mass transportation’ has the 

8 meaning given to that term in section 5302(a)(7) of 

9 title 49, United States Code, except that the term 

10 shall include school bus, charter, and sightseeing 

11 transportation; 

12 ‘‘(8) the term ‘on-track equipment’ means a 

13 carriage or other contrivance that runs on rails or 

14 electromagnetic guideways; 

15 ‘‘(9) the term ‘railroad’ has the meaning given 

16 to that term in chapter 201 of title 49; 

17 ‘‘(10) the term ‘railroad carrier’ has the mean18 ing given to that term in chapter 201 of title 49; 

19 ‘‘(11) the term ‘serious bodily injury’ has the 

20 meaning given to that term in section 1365 of this 

21 title; 

22 ‘‘(12) the term ‘spent nuclear fuel’ has the 

23 meaning given to that term in section 2(23) of the 

24 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

25 10101(23)); 
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1 ‘‘(13) the term ‘State’ has the meaning given to 

2 that term in section 2266 of this title; 

3 ‘‘(14) the term ‘toxin’ has the meaning given to 

4 that term in section 178(2) of this title; and 

5 ‘‘(15) the term ‘vehicle’ means any carriage or 

6 other contrivance used, or capable of being used, as 

7 a means of transportation on land, on water, or 

8 through the air.’’. 

9 (b) CONFORMING AMENDMENTS.—

10 (1) CHAPTER.—The chapter analysis for chap11 ter 97 of title 18, United States Code, is amended—

12 (A) by striking ‘‘RAILROADS’’ in the 

13 chapter heading and inserting ‘‘MASS 

14 TRANSPORTATION SYSTEMS ON 

15 LAND, ON WATER, OR THROUGH 

16 THE AIR, AND RAILROAD CAR17 RIERS’’; 

18 (B) by striking the items relating to sec19 tions 1992 and 1993; and 

20 (C) by inserting after the item relating to 

21 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.’’.

22 (2) PART.—The chapter analysis for part I of 

23 title 18, United States Code, is amended by striking 
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1 the item relating to chapter 97 and inserting the fol2 lowing:

‘‘97. Mass transportation systems on land, on water, or through the air, 

and railroad carriers ..................................................... 1991’’.

3 (3) CONFORMING AMENDMENTS.—The fol4 lowing sections of title 18, United States Code, are 

5 amended as follows: 

6 (A) Section 2332b(g)(5)(B)(i) is amended 

7 by striking ‘‘1992 (relating to wrecking trains), 

8 1993 (relating to terrorist attacks and other 

9 acts of violence against mass transportation 

10 systems),’’ and inserting ‘‘1992 (relating to ter11 rorist attacks and other acts of violence against 

12 railroad carriers and mass transportation sys13 tems on land, on water, or through the air),’’. 

14 (B) Section 2339A is amended by striking 

15 ‘‘1993,’’. 

16 (C) Section 2516(1)(c) is amended by 

17 striking ‘‘1992 (relating to wrecking trains),’’ 

18 and inserting ‘‘1992 (relating to terrorist at19 tacks and other acts of violence against railroad 

20 carriers and mass transportation systems on 

21 land, on water, or through the air),’’. 
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1 SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEIL2 LANCE PREDICATES. 

3 (a) AUTHORIZATION FOR INTERRUPTION.—Section 

4 2516 of title 18, United States Code, is amended—

5 (1) in subsection (1)—

6 (A) in paragraph (c)—

7 (i) by inserting before ‘‘section 1992 

8 (relating to wrecking trains)’’ the fol9 lowing: ‘‘section 37 (relating to violence at 

10 international airports), section 930(c) (re11 lating to attack on Federal facility with 

12 firearm), section 956 (conspiracy to harm 

13 persons or property overseas),’’; and 

14 (ii) by inserting before ‘‘a felony viola15 tion of section 1028’’ the following: ‘‘sec16 tion 1993 (relating to mass transportation 

17 systems),’’. 

18 (B) in paragraph (q), by striking all that 

19 follows the first semicolon; 

20 (C) by redesignating paragraph (r) as 

21 paragraph (s); and 

22 (D) by inserting after paragraph (q) the 

23 following: 

24 ‘‘(r) an offense listed in section 2332b(g)(5)(B), an 

25 offense involved in or related to domestic or international 
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1 terrorism as defined in section 2331, or a criminal viola2 tion of section 2332d; or’’; and 

3 (2) in subsection (2), by inserting ‘‘an offense 

4 listed in section 2332b(g)(5)(B), an offense involved 

5 in or related to domestic or international terrorism 

6 as defined in section 2331, or’’ after ‘‘the commis7 sion of’’. 

8 (b) PROCEDURE FOR INTERRUPTION.—Section 

9 2518(7)(a) of title 18, United States Code, is amended—

10 (1) by redesignating subparagraphs (ii) and (iii) 

11 as subparagraphs (iii) and (iv) respectively; and 

12 (2) by inserting after subparagraph (i) the fol13 lowing: 

14 ‘‘(ii) an offense listed in section 

15 2332b(g)(5)(B), an offense involved in or 

16 related to domestic or international ter17 rorism as defined in section 2331, or an 

18 attempt or conspiracy to commit such an 

19 offense,’’. 

20 (c) PEN REGISTER.—Section 3125(a)(1) of title 18, 

21 United States Code, is amended—

22 (1) in subparagraph (A), by striking ‘‘or’’ at 

23 the end; 

24 (2) by redesignating subparagraph (B) as sub25 paragraph (D); and 
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1 (3) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) an offense listed in section 

4 2332b(g)(5)(B), or an offense involved in or re5 lated to domestic or international terrorism as 

6 defined in section 2331, or an attempt or con7 spiracy to commit such an offense; 

8 ‘‘(C) conspiratorial activities threatening 

9 the national security interest; or’’. 

10 (d) DEFINITIONS.—Section 3127(2)(A) of title 18, 

11 United States Code, is amended to read as follows: 

12 ‘‘(A) any district court of the United 

13 States (including a magistrate judge of such a 

14 court) or any United States court of appeals 

15 that—

16 ‘‘(i) has jurisdiction over the offense 

17 being investigated; 

18 ‘‘(ii) is in or for a district in which the 

19 provider of wire or electronic communica20 tion service is located; or 

21 ‘‘(iii) is in or for a district in which a 

22 landlord, custodian, or other person subject 

23 to section 3124(a) or (b) is located; or’’. 
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1 (e) ACTS OF TERRORISM.—Section 2332b(g)(5)(A) 

2 of title 18, United States Code, is amended to read as 

3 follows: 

4 ‘‘(A) appears by its nature or context to be 

5 intended—

6 ‘‘(i) to intimidate or coerce a civilian 

7 population; 

8 ‘‘(ii) to influence the policy of a gov9 ernment by intimidation or coercion; or 

10 ‘‘(iii) to affect the conduct of a gov11 ernment by mass destruction, assassina12 tion, or kidnaping; and’’. 

13 (f) INTERNATIONAL TERRORISM.—Paragraphs 

14 (1)(B) and (5)(B) of section 2331 of title 18, United 

15 States Code, are each amended by inserting ‘‘by their na16 ture or context’’ after ‘‘appear’’.

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