II 

Calendar No. 643 

115TH CONGRESS 

2D SESSION S. 2861 

[Report No. 115–356] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2018 

Ms. DUCKWORTH (for herself and Mr. HOEVEN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

NOVEMBER 14, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Passenger Rail Crew 

3 Protection Parity Act’’. 

4 SEC. 2. INTERFERENCE WITH PASSENGER TRAIN CREW 

5 MEMBERS. 

6 (a) IN GENERAL.—Chapter 281 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 28104. Interference with passenger train crew 

10 members 

11 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

12 while on a passenger train— 

13 ‘‘(1) to assault or intimidate a crew member, 

14 and thereby interfere with the performance of the 

15 duties of a crew member or lessen the ability of a 

16 crew member to perform those duties; or 

17 ‘‘(2) to attempt or conspire to perform an act 

18 described in paragraph (1). 

19 ‘‘(b) PENALTIES.—A person who violates subsection 

20 (a)— 

21 ‘‘(1) shall be fined under title 18, imprisoned 

22 for not more than 20 years, or both; and 

23 ‘‘(2) if a dangerous weapon is used in assault24 ing or intimidating the crew member, shall be im25 prisoned for any term of years or for life. 


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1 ‘‘(c) TRAINING.—Each passenger rail carrier is en2 couraged to review training programs of the rail carrier 

3 and provide, as necessary, additional training in areas 

4 such as de-escalating hostile situations, written protocols 

5 on dealing with hostile situations, and reporting of inci6 dents. 

7 ‘‘(d) DEFINITION OF CREW MEMBER.—In this sec8 tion, the term ‘crew member’ includes engineers, conduc9 tors, on-board service personnel, and similar employees as10 signed to duty on an in-service passenger train.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 281 of title 49, United States Code, is amended by 

13 adding at the end the following: 

‘‘28104. Interference with passenger train crew members.’’. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Passenger Rail Crew 

16 Protection Act’’. 

17 SEC. 2. INTERFERENCE WITH PASSENGER TRAIN CREW 

18 MEMBERS. 

19 (a) AMENDMENT.— 

20 (1) IN GENERAL.—Chapter 281 of title 49, 

21 United States Code, is amended by adding at the end 

22 the following: 

23 ‘‘§ 28104. Interference with passenger train crew mem24 bers 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) CREW MEMBER.—The term ‘crew member’ 

2 means a person, other than a passenger, who is a 

3 service employee assigned to duty on an in-service 

4 passenger train. 

5 ‘‘(2) DANGEROUS WEAPON.— 

6 ‘‘(A) IN GENERAL.—The term ‘dangerous 

7 weapon’ means a weapon, device, instrument, 

8 material, or animate or inanimate substance 

9 that is used for, or is readily capable of, causing 

10 death or serious bodily injury. 

11 ‘‘(B) INCLUSION.—The term ‘dangerous 

12 weapon’ includes— 

13 ‘‘(i) a pocket knife with a blade that is 

less than 21 14 ⁄2 inches in length; and 

15 ‘‘(ii) a box cutter. 

16 ‘‘(3) PASSENGER TRAIN.—The term ‘passenger 

17 train’ means a passenger train in intercity rail pas18 senger transportation (as defined in section 24102). 

19 ‘‘(4) SERIOUS BODILY INJURY.—The term ‘seri20 ous bodily injury’ means a bodily injury that in21 volves— 

22 ‘‘(A) a substantial risk of death; 

23 ‘‘(B) extreme physical pain; 

24 ‘‘(C) protracted and obvious disfigurement; 

25 or 


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1 ‘‘(D) protracted loss or impairment of the 

2 function of— 

3 ‘‘(i) a bodily member; 

4 ‘‘(ii) an organ; or 

5 ‘‘(iii) a mental facility. 

6 ‘‘(5) SERVICE EMPLOYEE.—The term ‘service em7 ployee’ includes— 

8 ‘‘(A) an engineer; 

9 ‘‘(B) a conductor; 

10 ‘‘(C) onboard personnel; and 

11 ‘‘(D) an employee performing, or respon12 sible for, a safety-sensitive function. 

13 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

14 onboard a passenger train in operation, or on a platform 

15 serving a passenger train in operation— 

16 ‘‘(1) to assault a crew member and thereby inter17 fere with the performance of the duties of a crew 

18 member or lessen the ability of a crew member to per19 form those duties; or 

20 ‘‘(2) to attempt or conspire to perform an act de21 scribed in paragraph (1). 

22 ‘‘(c) PENALTIES.—A person who violates subsection 

23 (b)— 

24 ‘‘(1) shall be fined under title 18 or imprisoned 

25 for not more than 8 years, or both; and 


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1 ‘‘(2) if a dangerous weapon is used in assaulting 

2 the crew member, shall be imprisoned for not more 

3 than 20 years.’’. 

4 (2) TECHNICAL AMENDMENT.—The table of sec5 tions for chapter 281 of title 49, United States Code, 

6 is amended by adding at the end the following: 

‘‘§ 28104. Interference with passenger train crew members.’’. 

7 (b) SENSE OF CONGRESS REGARDING ASSAULT PRE8 VENTION AND RESPONSE TRAINING.— 

9 (1) DEFINITION OF RAIL PASSENGER CARRIER.— 

10 In this subsection, the term ‘‘rail passenger carrier’’ 

11 means a rail carrier providing intercity rail pas12 senger transportation (as defined in section 24102 of 

13 title 49, United States Code). 

14 (2) SENSE OF CONGRESS.—It is the sense of 

15 Congress that each rail passenger carrier should— 

16 (A) develop and implement— 

17 (i) training regarding— 

18 (I) assault prevention and re19 sponse; and 

20 (II) deescalating hostile situa21 tions; and 

22 (ii) protocols regarding— 

23 (I) dealing with hostile situations; 

24 and 

25 (II) reporting of incidents; 


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1 (B) offer the training and protocols de2 scribed in subparagraph (A) to the appropriate 

3 personnel; and 

4 (C) publish in the terms of transportation 

5 of the rail passenger carrier a notice describing 

6 the offense of interference with passenger crew 

7 members under section 28104 of title 49, United 

8 States Code (as added by subsection (a)(1)). 

9 (c) GAO REPORT ON COMMUTER RAIL ASSAULTS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Comptroller 

12 General of the United States shall— 

13 (A) review the number of assaults on rail 

14 crew members operating or assisting with com15 muter rail passenger transportation (as defined 

16 in section 24102 of title 49, United States Code) 

17 at each of the 10 largest commuter rail carriers, 

18 as determined by annual ridership, in the 

19 United States; and 

20 (B) submit to the Committee on Commerce, 

21 Science, and Transportation of the Senate and 

22 the Committee on Transportation and Infra23 structure of the House of Representatives a re24 port that describes the review under subpara25 graph (A), including recommendations, if any. 


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1 (2) CONTENTS.—The report under paragraph 

2 (1)(B) shall include— 

3 (A) a description of the number and types 

4 of assaults on rail crew members described in 

5 paragraph (1)(A), based on available data; 

6 (B) a description of other available details 

7 regarding assaults on rail crew members de8 scribed in paragraph (1)(A), such as— 

9 (i) the function of involved crew mem10 bers; 

11 (ii) the locations of the incidents (such 

12 as on a train or platform); and 

13 (iii) the circumstances surrounding the 

14 assaults; 

15 (C) a description of the outcome of assault 

16 incidents, such as the number of prosecutions of 

17 assaults, based on available data; and 

18 (D) an identification of any challenges in 

19 reporting those assault incidents. 


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tkelley on DSKBCP9HB2PROD with BILLS
Calendar No. 643 

115TH CONGRESS 

2D SESSION S. 2861 

[Report No. 115–356] 

A BILL 

To prosecute, as a Federal crime, the assault or increw members are prosecuted. the same extent as such actions against aircraft timidation of a passenger train crew member to 

NOVEMBER 14, 2018 

Reported with an amendment 


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