II 

Calendar No. 92 

109TH CONGRESS 

1ST SESSION S. 629 

To amend chapter 97 of title 18, United States Code, relating to protecting 

against attacks on railroads and other mass transportation systems. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2005 

Mr. SESSIONS (for himself, Mr. KYL, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

APRIL 25, 2005 

Reported by Mr. SPECTER, with amendments 

[Omit the parts struck through and insert the parts printed in italic] 

A BILL

To amend chapter 97 of title 18, United States Code, relating to protecting against attacks on railroads and other 

mass transportation systems.

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 ‘‘Railroad Carriers and 

5 Mass Transportation Protection Act of 2005’’. 
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1 SEC. 2. ATTACKS AGAINST RAILROAD CARRIERS, PAS2 SENGER VESSELS, AND MASS TRANSPOR3 TATION SYSTEMS. 

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

5 States Code, is amended by striking sections 1992 and 

6 1993 and inserting the following: 

7 ‘‘§ 1992. Terrorist attacks and other violence against 

8 railroad carriers, passenger vessels, and 

9 against mass transportation systems on 

10 land, on water, or through the air 

11 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir12 cumstance described in subsection (c), knowingly— 

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

14 railroad on-track equipment, a passenger vessel, or 

15 a mass transportation vehicle; 

16 ‘‘(2) with intent to endanger the safety of any 

17 passenger or employee of a railroad carrier, pas18 senger vessel, or mass transportation provider, or 

19 with a reckless disregard for the safety of human 

20 life, and without previously obtaining the permission 

21 of the railroad carrier, mass transportation provider, 

22 or owner of the passenger vessel— 

23 ‘‘(A) places any biological agent or toxin, 

24 destructive substance, or destructive device in, 

25 upon, or near railroad on-track equipment, a 
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1 passenger vessel, or a mass transportation vehi2 cle; or 

3 ‘‘(B) releases a hazardous material or a bi4 ological agent or toxin on or near the property 

5 of a railroad carrier, owner of a passenger ves6 sel, or mass transportation provider; 

7 ‘‘(3) sets fire to, undermines, makes unwork8 able, unusable, or hazardous to work on or use, or 

9 places any biological agent or toxin, destructive sub10 stance, or destructive device in, upon, or near any— 

11 ‘‘(A) tunnel, bridge, viaduct, trestle, track, 

12 electromagnetic guideway, signal, station, depot, 

13 warehouse, terminal, or any other way, struc14 ture, property, or appurtenance used in the op15 eration of, or in support of the operation of, a 

16 railroad carrier, without previously obtaining 

17 the permission of the railroad carrier, and with 

18 intent to, or knowing or having reason to know 

19 such activity would likely, derail, disable, or 

20 wreck railroad on-track equipment; or

21 ‘‘(B) garage, terminal, structure, track, 

22 electromagnetic guideway, supply, or facility 

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

24 operation of, a mass transportation vehicle, 

25 without previously obtaining the permission of 
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1 the mass transportation provider, and with in2 tent to, or knowing or having reason to know 

3 such activity would likely, derail, disable, or 

4 wreck a mass transportation vehicle used, oper5 ated, or employed by a mass transportation pro6 vider; or 

7 ‘‘(C) structure, supply, or facility used in 

8 the operation of, or in the support of the oper9 ation of, a passenger vessel, without previously 

10 obtaining the permission of the owner of the 

11 passenger vessel, and with intent to, or knowing 

12 or having reason to know that such activity 

13 would likely disable or wreck a passenger vessel; 

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

15 or otherwise impairs the operation of a railroad sig16 nal system or mass transportation signal or dis17 patching system, including a train control system, 

18 centralized dispatching system, or highway-railroad 

19 grade crossing warning signal, without authorization 

20 from the rail carrier or mass transportation pro21 vider; 

22 ‘‘(5) with intent to endanger the safety of any 

23 passenger or employee of a railroad carrier, owner of 

24 a passenger vessel, or mass transportation provider 

25 or with a reckless disregard for the safety of human 
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1 life, interferes with, disables, or incapacitates any 

2 dispatcher, driver, captain, locomotive engineer, rail3 road conductor, or other person while the person is 

4 employed in dispatching, operating, or maintaining 

5 railroad on-track equipment, a passenger vessel, or 

6 a mass transportation vehicle; 

7 ‘‘(6) engages in conduct, including the use of a 

8 dangerous weapon, with the intent to cause death or 

9 serious bodily injury to any person who is on the 

10 property of a railroad carrier, owner of a passenger 

11 vessel, or mass transportation provider that is used 

12 for railroad or mass transportation purposes; 

13 ‘‘(7) conveys false information, knowing the in14 formation to be false, concerning an attempt or al15 leged attempt that was made, is being made, or is 

16 to be made, to engage in a violation of this sub17 section; or 

18 ‘‘(8) attempts, threatens, or conspires to engage 

19 in any violation of any of paragraphs (1) through 

20 (7), shall be fined 

21 shall be fined under this title, imprisoned not more than 

22 20 years, or both.

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

24 offense under subsection (a) in a circumstance in which— 
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1 ‘‘(1) the railroad on-track equipment, passenger 

2 vessel, or mass transportation vehicle was carrying a 

3 passenger or employee at the time of the offense; 

4 ‘‘(2) the railroad on-track equipment, passenger 

5 vessel, or mass transportation vehicle was carrying 

6 high-level radioactive waste or spent nuclear fuel at 

7 the time of the offense; 

8 ‘‘(3) the railroad on-track equipment, passenger 

9 vessel, or mass transportation vehicle was carrying a 

10 hazardous material at the time of the offense that— 

11 ‘‘(A) was required to be placarded under 

12 subpart F of part 172 of title 49, Code of Fed13 eral Regulations; and 

14 ‘‘(B) is identified as class number 3, 4, 5, 

15 6.1, or 8 and packing group I or packing group 

16 II, or class number 1, 2, or 7 under the haz17 ardous materials table of section 172.101 of 

18 title 49, Code of Federal Regulations; or 

19 ‘‘(4) the offense results in the death of any per20 son, shall be fined under this title, imprisoned for 

21 any term of years or life, or both. The term of im22 prisonment for a violation described in paragraph 

23 (2) shall be not less than 30 years. In the case of 

24 a violation described in paragraph (4), the offender 
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1 shall be fined under this title and imprisoned for life 

2 and be subject to the death penalty. 

3 ‘‘(b) AGGRAVATED OFFENSE.—(1) Whoever com4 mits an offense under subsection (a) in a cir5 cumstance in which— 

6 ‘‘(A) the railroad on-track equipment, passenger 

7 vessel, or mass transportation vehicle was carrying a 

8 passenger or employee at the time of the offense; 

9 ‘‘(B) the railroad on-track equipment, passenger 

10 vessel, or mass transportation vehicle was carrying 

11 high-level radioactive waste or spent nuclear fuel at 

12 the time of the offense; 

13 ‘‘(C) the railroad on-track equipment, passenger 

14 vessel, or mass transportation vehicle was carrying a 

15 hazardous material at the time of the offense that— 

16 ‘‘(i) was required to be placarded under 

17 subpart F of part 172 of title 49, Code of Federal 

18 Regulations; and 

19 ‘‘(ii) is identified as class number 3, 4, 5, 

20 6.1, or 8 and packing group I or packing group 

21 II, or class number 1, 2, or 7 under the haz22 ardous materials table of section 172.101 of title 

23 49, Code of Federal Regulations; or 

24 ‘‘(D) the offense results in the death of any per25 son, 
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1 shall be fined under this title, imprisoned for any 

2 term of years or life, or both. 

3 ‘‘(2) The term of imprisonment for a violation de4 scribed in paragraph (1)(B) shall be not less than 30 years. 

5 ‘‘(3) In the case of a violation described in paragraph 

6 (1)(D), the offender shall be fined under this title and im7 prisoned for a term of years up to life or sentenced to death, 

8 in accordance with section 3591 of title 18, United States 

9 Code. 

10 ‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A 

11 circumstance described in this subsection is any of the fol12 lowing: 

13 ‘‘(1) Any of the conduct required for the offense 

14 is, or, in the case of an attempt, threat, or con15 spiracy to engage in conduct, the conduct required 

16 for the completed offense would be, engaged in, on, 

17 against, or affecting a mass transportation provider, 

18 owner of a passenger vessel, or railroad carrier en19 gaged in or affecting interstate or foreign commerce. 

20 ‘‘(2) Any person who travels or communicates 

21 across a State line in order to commit the offense, 

22 or transports materials across a State line in aid of 

23 the commission of the offense. 

24 ‘‘(d) NONAPPLICABILITY.—Subsection (a) does not 

25 apply to the conduct with respect to a destructive sub-
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1 stance or destructive device that is also classified under 

2 chapter 51 of title 49 as a hazardous material in com3 merce if the conduct— 

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

5 regulations, exemptions, approvals, and orders 

6 issued under that chapter; or 

7 ‘‘(2) constitutes a violation, other than a crimi8 nal violation, of chapter 51 of title 49 or a regula9 tion or order issued under that chapter. 

10 ‘‘(e) DEFINITIONS.—In this section— 

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

12 given the term in section 178(1); 

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

14 weapon, device, instrument, material, or substance, 

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

16 capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 17 ⁄2

18 inches in length and a box cutter; 

19 ‘‘(3) the term ‘destructive device’ has the mean20 ing given the term in section 921(a)(4); 

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

22 explosive substance, flammable material, infernal 

23 machine, or other chemical, mechanical, or radio24 active device or material, or matter of a combustible, 

25 contaminative, corrosive, or explosive nature, except 
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1 that the term ‘radioactive device’ does not include 

2 any radioactive device or material used solely for 

3 medical, industrial, research, or other peaceful pur4 poses; 

5 ‘‘(5) the term ‘hazardous material’ has the 

6 meaning given the term in section 5102(2) of title 

7 49; 

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

9 the meaning given the term in section 2(12) of the 

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

11 10101(12)); 

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

13 meaning given the term in section 5302(a)(7) of title 

14 49, except that the term includes school bus, char15 ter, and sightseeing transportation; 

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

17 carriage or other contrivance that runs on rails or 

18 electromagnetic guideways; 

19 ‘‘(9) the term ‘passenger vessel’ has the mean20 ing given the term in section 2101(22) of title 46, 

21 United States Code, and includes a small passenger 

22 vessel (as defined under section 2101(35) of that 

23 title); 

24 ‘‘(10) the term ‘railroad on-track equipment’ 

25 means a train, locomotive, tender, motor unit, 
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1 freight or passenger car, or other on-track equip2 ment used, operated, or employed by a railroad car3 rier; 

4 ‘‘(11) the term ‘railroad’ has the meaning given 

5 the term in section 20102(1) of title 49; 

6 ‘‘(12) the term ‘railroad carrier’ has the mean7 ing given the term in section 20102(2) of title 49; 

8 ‘‘(13) the term ‘serious bodily injury’ has the 

9 meaning given the term in section 1365(h)(3); 

10 ‘‘(14) the term ‘spent nuclear fuel’ has the 

11 meaning given the term in section 2(23) of the Nu12 clear Waste Policy Act of 1982 (42 U.S.C. 

13 10101(23)); 

14 ‘‘(15) the term ‘State’ has the meaning given 

15 the term in section 2266(8); 

16 ‘‘(16) the term ‘toxin’ has the meaning given 

17 the term in section 178(2); and 

18 ‘‘(17) the term ‘vehicle’ means any carriage or 

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

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

21 through the air.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of chapter 97 of title 18, United 

25 States Code, is amended— 
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1 (A) by striking ‘‘RAILROADS’’ in the 

2 chapter heading and inserting ‘‘RAILROAD 

3 CARRIERS AND MASS TRANSPOR4 TATION SYSTEMS ON LAND, ON 

5 WATER, OR THROUGH THE AIR’’; 

6 (B) by striking the items relating to sec7 tions 1992 and 1993; and 

8 (C) by inserting after the item relating to 

9 section 1991 the following: 

‘‘1992. Terrorist attacks and other violence against railroad carriers, passenger 

vessels, and against mass transportation systems on land, on 

water, or through the air.’’. 

10 (2) TABLE OF CHAPTERS.—The table of chap11 ters at the beginning of part I of title 18, United 

12 States Code, is amended by striking the item relat13 ing to chapter 97 and inserting the following: 

‘‘97. Railroad carriers and mass transportation systems on land, 

on water, or through the air ....................................................... 1991’’. 

14 (3) CONFORMING AMENDMENTS.—Title 18, 

15 United States Code, is amended— 

16 (A) in section 2332b(g)(5)(B)(i), by strik17 ing ‘‘1992 (relating to wrecking trains), 1993 

18 (relating to terrorist attacks and other acts of 

19 violence against mass transportation systems),’’ 

20 and inserting ‘‘1992 (relating to terrorist at21 tacks and other acts of violence against railroad 
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1 carriers and against mass transportation sys2 tems on land, on water, or through the air),’’; 

3 (B) in section 2339A, by striking ‘‘1993,’’; 

4 and 

5 (C) in section 2516(1)(c) by striking 

6 ‘‘1992 (relating to wrecking trains),’’ and in7 serting ‘‘1992 (relating to terrorist attacks and 

8 other acts of violence against railroad carriers 

9 and against mass transportation systems on 

10 land, on water, or through the air),’’. 
Calendar No. 92 

109TH CONGRESS 

1ST SESSION S. 629 

A BILL

To amend chapter 97 of title 18, United States 

railroads and other mass transportation systems. Code, relating to protecting against attacks on 

APRIL 25, 2005 

Reported with amendments