I 

108TH CONGRESS 

2D SESSION H. R. 5119 

To prohibit the use of remote control locomotives to carry hazardous 

materials, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2004 

Mr. GREEN of Texas introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To prohibit the use of remote control locomotives to carry 

hazardous materials, and for other purposes. 

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

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) In issuing remote control railroad operation 

6 guidelines in 2001, the Federal Railroad Adminis7 tration noted that its ‘‘first priority . . . is to ensure 

8 that these operations pose no threat to railroad 

9 workers or the general public’’. 
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1 (2) The Nation’s freight rail system is relatively 

2 open to outside access when compared to the avia3 tion system. Security is provided almost solely by 

4 private railroad carriers, and terrorists could easily 

5 gain access to a remote control locomotive or an op6 erator control unit and then operate a remote con7 trol transmitter controlling a remote control loco8 motive. 

9 (3) Remote control locomotives carrying haz10 ardous materials in urban areas could be sabotaged 

11 or remote control locomotives could be used to cause 

12 intentional accidents with other trains, causing loss 

13 of life, release of hazardous materials, and the dis14 ruption of interstate and international commerce. 

15 (4) Therefore, the risk of terrorists hijacking 

16 remote control locomotive operations is far too great 

17 in situations where remote control locomotives are 

18 carrying hazardous materials. 

19 SEC. 2. REMOTE CONTROL LOCOMOTIVE USE. 

20 (a) PROHIBITION.—No railroad carrier shall operate 

21 or cause to be operated on the general system of railroad 

22 transportation a remote control locomotive to carry haz23 ardous materials. 

24 (b) PENALTY.—(1) A railroad carrier that knowingly 

25 violates this section or a rule issued under this section is 
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1 liable to the United States Government for a civil penalty 

2 of at least $5,000 but not more than $50,000 for each 

3 violation. A railroad carrier acts knowingly when— 

4 (A) the railroad carrier has actual knowledge of 

5 the facts giving rise to the violation; or 

6 (B) a reasonable railroad carrier acting in the 

7 circumstances and exercising reasonable care would 

8 have that knowledge. 

9 (2) A separate violation occurs for each day the viola10 tion continues. 

11 SEC. 3. REMOTE CONTROL TRANSMITTER SECURITY. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary of Transpor14 tation shall issue a rule requiring that— 

15 (1) railroad carriers inventory and maintain a 

16 continuous accounting of remote control transmit17 ters; 

18 (2) such transmitters be assigned only to per19 sonnel with proper identification and authorization 

20 to use such devices; and 

21 (3) such transmitters be kept in a secure loca22 tion (under lock and key) when not in use. 

23 (b) PENALTY.—A railroad carrier that violates the 

24 rule issued under subsection (a) shall be liable to the 
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1 United States Government for a civil penalty of at least 

2 $5,000 for each occurrence. 

3 SEC. 4. REMOTE CONTROL LOCOMOTIVE SECURITY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall issue a rule requiring that the manual oper7 ational control area of any remote control locomotive be 

8 kept under lock and key when such locomotive is operated 

9 without personnel of the railroad carrier present. 

10 (b) PENALTY.—A railroad carrier that violates the 

11 rule issued under subsection (a) shall be liable to the 

12 United States Government for a civil penalty of at least 

13 $5,000 for each occurrence. 

14 SEC. 5. CIVIL PENALTIES. 

15 (a) HEARING REQUIREMENT.—The Secretary of 

16 Transportation may find that a railroad carrier has vio17 lated this Act only after notice and an opportunity for a 

18 hearing. The Secretary shall impose a civil penalty under 

19 this Act by giving the railroad carrier written notice of 

20 the amount of the penalty. 

21 (b) PENALTY CONSIDERATION.—In determining the 

22 amount of a civil penalty under this Act, the Secretary 

23 shall consider— 

24 (1) the nature, circumstances, extent, and grav25 ity of the violation; 
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1 (2) with respect to the violator, the degree of 

2 culpability, any history of prior violations, the ability 

3 to pay, and any effect on the ability to continue to 

4 do business; and 

5 (3) other matters that justice requires. 

6 (c) CIVIL ACTIONS TO COLLECT.—The Attorney 

7 General may bring a civil action in an appropriate district 

8 court of the United States to collect a civil penalty under 

9 this Act. 

10 SEC. 6. CRIMINAL PENALTY. 

11 (a) IN GENERAL.—A railroad carrier knowingly vio12 lating this Act shall be fined under title 18, United States 

13 Code, imprisoned for not more than 5 years, or both; ex14 cept that the maximum amount of imprisonment shall be 

15 10 years in any case in which the violation involves the 

16 release of a hazardous material that results in death or 

17 bodily injury to any person. 

18 (b) KNOWING VIOLATIONS.—For purposes of this 

19 section— 

20 (1) a railroad carrier acts knowingly when— 

21 (A) the railroad carrier has actual knowl22 edge of the facts giving rise to the violation; or 

23 (B) a reasonable railroad carrier acting in 

24 the circumstances and exercising reasonable 

25 care would have that knowledge; and 
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1 (2) knowledge of the existence of a statutory 

2 provision, or a regulation or a requirement issued by 

3 the Secretary of Transportation, is not an element 

4 of an offense under this Act. 

5 SEC. 7. DEFINITIONS. 

6 For purposes of this Act— 

7 (1) the term ‘‘hazardous material’’ has the 

8 meaning given that term in section 5102(2) of title 

9 49, United States Code; 

10 (2) the term ‘‘railroad carrier’’ has the meaning 

11 given that term in section 20102 of title 49, United 

12 States Code; 

13 (3) the term ‘‘remote control locomotive’’ means 

14 a locomotive which, through use of a radio trans15 mitter and receiver system, can be operated by a 

16 person not physically located at the controls within 

17 the confines of the locomotive cab, but does not in18 clude a locomotive that is remotely controlled from 

19 the lead locomotive of the same train; and 

20 (4) the term ‘‘remote control transmitter’’ 

21 means the transmitter component of a remote con22 trol locomotive system. 

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