```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5119 Introduced in House (IH)]

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.

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

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) In issuing remote control railroad operation guidelines 
        in 2001, the Federal Railroad Administration noted that its 
        ``first priority . . . is to ensure that these operations pose 
        no threat to railroad workers or the general public''.
            (2) The Nation's freight rail system is relatively open to 
        outside access when compared to the aviation system. Security 
        is provided almost solely by private railroad carriers, and 
        terrorists could easily gain access to a remote control 
        locomotive or an operator control unit and then operate a 
        remote control transmitter controlling a remote control 
        locomotive.
            (3) Remote control locomotives carrying hazardous materials 
        in urban areas could be sabotaged or remote control locomotives 
        could be used to cause intentional accidents with other trains, 
        causing loss of life, release of hazardous materials, and the 
        disruption of interstate and international commerce.
            (4) Therefore, the risk of terrorists hijacking remote 
        control locomotive operations is far too great in situations 
        where remote control locomotives are carrying hazardous 
        materials.

SEC. 2. REMOTE CONTROL LOCOMOTIVE USE.

    (a) Prohibition.--No railroad carrier shall operate or cause to be 
operated on the general system of railroad transportation a remote 
control locomotive to carry hazardous materials.
    (b) Penalty.--(1) A railroad carrier that knowingly violates this 
section or a rule issued under this section is liable to the United 
States Government for a civil penalty of at least $5,000 but not more 
than $50,000 for each violation. A railroad carrier acts knowingly 
when--
            (A) the railroad carrier has actual knowledge of the facts 
        giving rise to the violation; or
            (B) a reasonable railroad carrier acting in the 
        circumstances and exercising reasonable care would have that 
        knowledge.
    (2) A separate violation occurs for each day the violation 
continues.

SEC. 3. REMOTE CONTROL TRANSMITTER SECURITY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue a 
rule requiring that--
            (1) railroad carriers inventory and maintain a continuous 
        accounting of remote control transmitters;
            (2) such transmitters be assigned only to personnel with 
        proper identification and authorization to use such devices; 
        and
            (3) such transmitters be kept in a secure location (under 
        lock and key) when not in use.
    (b) Penalty.--A railroad carrier that violates the rule issued 
under subsection (a) shall be liable to the United States Government 
for a civil penalty of at least $5,000 for each occurrence.

SEC. 4. REMOTE CONTROL LOCOMOTIVE SECURITY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue a 
rule requiring that the manual operational control area of any remote 
control locomotive be kept under lock and key when such locomotive is 
operated without personnel of the railroad carrier present.
    (b) Penalty.--A railroad carrier that violates the rule issued 
under subsection (a) shall be liable to the United States Government 
for a civil penalty of at least $5,000 for each occurrence.

SEC. 5. CIVIL PENALTIES.

    (a) Hearing Requirement.--The Secretary of Transportation may find 
that a railroad carrier has violated this Act only after notice and an 
opportunity for a hearing. The Secretary shall impose a civil penalty 
under this Act by giving the railroad carrier written notice of the 
amount of the penalty.
    (b) Penalty Consideration.--In determining the amount of a civil 
penalty under this Act, the Secretary shall consider--
            (1) the nature, circumstances, extent, and gravity of the 
        violation;
            (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the ability to 
        pay, and any effect on the ability to continue to do business; 
        and
            (3) other matters that justice requires.
    (c) Civil Actions to Collect.--The Attorney General may bring a 
civil action in an appropriate district court of the United States to 
collect a civil penalty under this Act.

SEC. 6. CRIMINAL PENALTY.

    (a) In General.--A railroad carrier knowingly violating this Act 
shall be fined under title 18, United States Code, imprisoned for not 
more than 5 years, or both; except that the maximum amount of 
imprisonment shall be 10 years in any case in which the violation 
involves the release of a hazardous material that results in death or 
bodily injury to any person.
    (b) Knowing Violations.--For purposes of this section--
            (1) a railroad carrier acts knowingly when--
                    (A) the railroad carrier has actual knowledge of 
                the facts giving rise to the violation; or
                    (B) a reasonable railroad carrier acting in the 
                circumstances and exercising reasonable care would have 
                that knowledge; and
            (2) knowledge of the existence of a statutory provision, or 
        a regulation or a requirement issued by the Secretary of 
        Transportation, is not an element of an offense under this Act.

SEC. 7. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``hazardous material'' has the meaning given 
        that term in section 5102(2) of title 49, United States Code;
            (2) the term ``railroad carrier'' has the meaning given 
        that term in section 20102 of title 49, United States Code;
            (3) the term ``remote control locomotive'' means a 
        locomotive which, through use of a radio transmitter and 
        receiver system, can be operated by a person not physically 
        located at the controls within the confines of the locomotive 
        cab, but does not include a locomotive that is remotely 
        controlled from the lead locomotive of the same train; and
            (4) the term ``remote control transmitter'' means the 
        transmitter component of a remote control locomotive system.
                                 <all>
```