I 
108TH CONGRESS 
2D SESSION 
H. R. 4008
To increase the penalties for terrorism against mass transportation and rail-
roads 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 trans-
portation and railroads and provide law enforcement with 
the tools to combat and prevent attacks on mass trans-
portation and railroads.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Terrorism Protec-
tion of Mass Transportation and Railroad Carriers Act of 
2004’’.
SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYS-
TEMS AND RAILROAD CARRIERS. 
(a) IN GENERAL.—Chapter 97 of title 18, United 
States Code, is amended by striking sections 1992 and 
1993 and inserting 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 
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables a 
mass transportation vehicle or ferry, or a train, loco-
motive, tender, motor unit, freight or passenger car, 
or other on-track equipment used, operated, or em-
ployed by a railroad carrier; 
‘‘(2) places or causes to be placed any biological 
agent or toxin, destructive substance, or destructive 
device in, upon, or near a mass transportation vehi-
cle or ferry, or a train, locomotive, tender, motor 
unit, freight or passenger car, or other on-track 
equipment used, operated, or employed by a railroad 
carrier, without previously obtaining the permission 
of the mass transportation provider or railroad car-
rier, and with intent to endanger the safety of any 
passenger or employee of such a provider or carrier,
or with a reckless disregard for the safety of human 
life; 
‘‘(3) sets fire to, undermines, makes unwork-
able, unusable, or hazardous to work on or use, or 
places or causes to be placed any biological agent or 
toxin, destructive substance, or destructive device in, 
upon, or near any—
‘‘(A) garage, terminal, structure, track, 
electromagnetic guideway, supply, or facility 
used in the operation of, or in support of the 
operation of, a mass transportation vehicle or 
ferry, without previously obtaining the permis-
sion of the mass transportation provider, and 
with intent to, or knowing or having reason to 
know such activity would likely, derail, disable, 
or wreck a mass transportation vehicle or ferry 
used, operated, or employed by a mass trans-
portation provider; or 
‘‘(B) tunnel, bridge, viaduct, trestle, track, 
electromagnetic guideway, signal, station, depot, 
warehouse, terminal, or any other way, struc-
ture, property, or appurtenance used in the op-
eration of, or in support of the operation of, a 
railroad carrier, without previously obtaining 
the permission of the railroad carrier, and with
intent to, or knowing or having reason to know 
such activity would likely, derail, disable, or 
wreck a train, locomotive, tender, motor unit, 
freight or passenger car, or other on-track 
equipment used, operated, or employed by a 
railroad carrier; 
‘‘(4) removes an appurtenance from, damages, 
or otherwise impairs the operation of a mass trans-
portation signal or dispatching system or railroad 
signal system, including a train control system, cen-
tralized dispatching system, or highway-railroad 
grade crossing warning signal, without authorization 
from the mass transportation provider or railroad 
carrier; 
‘‘(5) interferes with, disables, or incapacitates 
any dispatcher, driver, captain, locomotive engineer, 
railroad conductor, or other person while the person 
is employed in dispatching, operating, or maintain-
ing a mass transportation vehicle or ferry, or a 
train, locomotive, tender, motor unit, freight or pas-
senger car, or other on-track equipment, with intent 
to endanger the safety of any passenger or employee 
of a mass transportation provider or railroad carrier, 
or with a reckless disregard for the safety of human 
life;
‘‘(6) commits an act, including the use of a 
dangerous weapon, with the intent to cause death or 
serious bodily injury to an employee or passenger of 
a mass transportation provider or railroad carrier, 
or any other person while any of the foregoing is on 
the property of a mass transportation provider or 
railroad carrier; 
‘‘(7) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt that was 
made, is being made, or is to be made, to do any 
act which would be a crime prohibited by this sub-
section; 
‘‘(8) causes the release of a hazardous material 
or a biological agent or toxin on the property of a 
mass transportation provider or railroad carrier, 
with the intent to endanger the safety of any person 
or with a reckless disregard for the safety of human 
life; or 
‘‘(9) attempts, threatens, or conspires to do any 
of the acts described in paragraphs (1) through (8), 
shall be fined under this title or imprisoned not 
more than 20 years, or both, if the act is committed, 
or, in the case of an attempt, threat, or conspiracy 
to do an act enumerated in paragraphs (1) through
(8), it would be committed, on, against, or affecting 
a mass transportation provider or railroad carrier 
engaged in or affecting interstate or foreign com-
merce, or if that person travels or communicates 
across a State line in order to commit an act enu-
merated in paragraphs (1) through (9), or trans-
ports materials across a State line in aid of the com-
mission of an act enumerated in paragraphs (1) 
through (9). 
‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 
offense under subsection (a) of this section in a cir-
cumstance in which—
‘‘(1) the mass transportation vehicle or ferry, or 
train, locomotive, tender, motor unit, freight or pas-
senger car, or other on-track equipment, was car-
rying a passenger at the time of the offense; 
‘‘(2) the mass transportation vehicle or ferry, or 
train, locomotive, tender, motor unit, freight or pas-
senger car, or other on-track equipment, was car-
rying high-level radioactive waste or spent nuclear 
fuel at the time of the offense; 
‘‘(3) the mass transportation vehicle or ferry, or 
train, locomotive, tender, motor unit, freight or pas-
senger car, or other on-track equipment, was car-
rying a hazardous material listed in table 1 of sec-
tion 172.504 of title 49, Code of Federal Regula-
tions, at the time of the offense; or 
‘‘(4) the offense has resulted in the death of 
any person, shall be guilty of an aggravated form of 
the offense and shall be fined under this title or im-
prisoned for any term of years or life, or both; and, 
in the case of a violation described in paragraph (2), 
the term of imprisonment shall be not less than 30 
years; and, in the case of a violation described in 
paragraph (4), shall be subject to the death penalty 
or to imprisonment for life. 
‘‘(c) CONSPIRACY.—A person who conspires to com-
mit any offense under this section shall be subject to the 
same penalties (other than the penalty of death) as the 
penalties prescribed for the offense, the commission of 
which was the object of the conspiracy. 
‘‘(d) NONAPPLICABILITY.—Provisions of subsections 
(a) and (c) of this section do not apply to the act of an 
entity with respect to a destructive substance or destruc-
tive device that is also classified as a hazardous material 
in commerce if the act—
‘‘(1) complies with chapter 51 of title 49 and 
regulations, exemptions, approvals, and orders 
issued under that chapter; or
‘‘(2) constitutes a violation of chapter 51 of 
title 49 or a regulation or order issued under that 
chapter, but not a criminal violation of that chapter, 
regulation, or order. 
‘‘(e) DEFINITIONS.—In this section—
‘‘(1) the term ‘biological agent’ has the meaning 
given to that term in section 178(1) of this title; 
‘‘(2) the term ‘dangerous weapon’ means a 
weapon, device, instrument, material, or substance, 
animate or inanimate, that is used for, or is readily 
capable of, causing death or serious bodily injury, in-
cluding a pocket knife with a blade of less than 21⁄2 
inches in length and a box cutter; 
‘‘(3) the term ‘destructive device’ has the mean-
ing given to that term in section 921(a)(4) of this 
title; 
‘‘(4) the term ‘destructive substance’ means an 
explosive substance, flammable material, infernal 
machine, or other chemical, mechanical, or radio-
active device or material, or matter of a combustible, 
contaminative, corrosive, or explosive nature, except 
that the term ‘radioactive device’ does not include 
any radioactive device or material used solely for 
medical, industrial, research, or other peaceful pur-
poses;
‘‘(5) the term ‘hazardous material’ has the 
meaning given to that term in chapter 51 of title 49; 
‘‘(6) the term ‘high-level radioactive waste’ has 
the meaning given to that term in section 2(12) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)); 
‘‘(7) the term ‘mass transportation’ has the 
meaning given to that term in section 5302(a)(7) of 
title 49, United States Code, except that the term 
shall include school bus, charter, and sightseeing 
transportation; 
‘‘(8) the term ‘on-track equipment’ means a 
carriage or other contrivance that runs on rails or 
electromagnetic guideways; 
‘‘(9) the term ‘railroad’ has the meaning given 
to that term in chapter 201 of title 49; 
‘‘(10) the term ‘railroad carrier’ has the mean-
ing given to that term in chapter 201 of title 49; 
‘‘(11) the term ‘serious bodily injury’ has the 
meaning given to that term in section 1365 of this 
title; 
‘‘(12) the term ‘spent nuclear fuel’ has the 
meaning given to that term in section 2(23) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23));
‘‘(13) the term ‘State’ has the meaning given to 
that term in section 2266 of this title; 
‘‘(14) the term ‘toxin’ has the meaning given to 
that term in section 178(2) of this title; and 
‘‘(15) the term ‘vehicle’ means any carriage or 
other contrivance used, or capable of being used, as 
a means of transportation on land, on water, or 
through the air.’’. 
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER.—The chapter analysis for chap-
ter 97 of title 18, United States Code, is amended—
(A) by striking ‘‘RAILROADS’’ in the 
chapter 
heading 
and 
inserting 
‘‘MASS 
TRANSPORTATION 
SYSTEMS 
ON 
LAND, ON WATER, OR THROUGH 
THE AIR, AND RAILROAD CAR-
RIERS’’; 
(B) by striking the items relating to sec-
tions 1992 and 1993; and 
(C) by inserting after the item relating to 
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 rail-
road carriers.’’.
(2) PART.—The chapter analysis for part I of 
title 18, United States Code, is amended by striking
the item relating to chapter 97 and inserting the fol-
lowing:
‘‘97. Mass transportation systems on land, on water, or through the air, 
and railroad carriers ..................................................... 1991’’.
(3) 
CONFORMING
AMENDMENTS.—The 
fol-
lowing sections of title 18, United States Code, are 
amended as follows: 
(A) Section 2332b(g)(5)(B)(i) is amended 
by striking ‘‘1992 (relating to wrecking trains), 
1993 (relating to terrorist attacks and other 
acts of violence against mass transportation 
systems),’’ and inserting ‘‘1992 (relating to ter-
rorist attacks and other acts of violence against 
railroad carriers and mass transportation sys-
tems on land, on water, or through the air),’’. 
(B) Section 2339A is amended by striking 
‘‘1993,’’. 
(C) Section 2516(1)(c) is amended by 
striking ‘‘1992 (relating to wrecking trains),’’ 
and inserting ‘‘1992 (relating to terrorist at-
tacks and other acts of violence against railroad 
carriers and mass transportation systems on 
land, on water, or through the air),’’.
SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEIL-
LANCE PREDICATES. 
(a) AUTHORIZATION FOR INTERRUPTION.—Section 
2516 of title 18, United States Code, is amended—
(1) in subsection (1)—
(A) in paragraph (c)—
(i) by inserting before ‘‘section 1992 
(relating to wrecking trains)’’ the fol-
lowing: ‘‘section 37 (relating to violence at 
international airports), section 930(c) (re-
lating to attack on Federal facility with 
firearm), section 956 (conspiracy to harm 
persons or property overseas),’’; and 
(ii) by inserting before ‘‘a felony viola-
tion of section 1028’’ the following: ‘‘sec-
tion 1993 (relating to mass transportation 
systems),’’. 
(B) in paragraph (q), by striking all that 
follows the first semicolon; 
(C) by redesignating paragraph (r) as 
paragraph (s); and 
(D) by inserting after paragraph (q) the 
following: 
‘‘(r) an offense listed in section 2332b(g)(5)(B), an 
offense involved in or related to domestic or international
terrorism as defined in section 2331, or a criminal viola-
tion of section 2332d; or’’; and 
(2) in subsection (2), by inserting ‘‘an offense 
listed in section 2332b(g)(5)(B), an offense involved 
in or related to domestic or international terrorism 
as defined in section 2331, or’’ after ‘‘the commis-
sion of’’. 
(b) 
PROCEDURE
FOR
INTERRUPTION.—Section 
2518(7)(a) of title 18, United States Code, is amended—
(1) by redesignating subparagraphs (ii) and (iii) 
as subparagraphs (iii) and (iv) respectively; and 
(2) by inserting after subparagraph (i) the fol-
lowing: 
‘‘(ii) an offense listed in section 
2332b(g)(5)(B), an offense involved in or 
related to domestic or international ter-
rorism as defined in section 2331, or an 
attempt or conspiracy to commit such an 
offense,’’. 
(c) PEN REGISTER.—Section 3125(a)(1) of title 18, 
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (B) as sub-
paragraph (D); and
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) 
an 
offense 
listed 
in 
section 
2332b(g)(5)(B), or an offense involved in or re-
lated to domestic or international terrorism as 
defined in section 2331, or an attempt or con-
spiracy to commit such an offense; 
‘‘(C) conspiratorial activities threatening 
the national security interest; or’’. 
(d) DEFINITIONS.—Section 3127(2)(A) of title 18, 
United States Code, is amended to read as follows: 
‘‘(A) any district court of the United 
States (including a magistrate judge of such a 
court) or any United States court of appeals 
that—
‘‘(i) has jurisdiction over the offense 
being investigated; 
‘‘(ii) is in or for a district in which the 
provider of wire or electronic communica-
tion service is located; or 
‘‘(iii) is in or for a district in which a 
landlord, custodian, or other person subject 
to section 3124(a) or (b) is located; or’’.
(e) ACTS OF TERRORISM.—Section 2332b(g)(5)(A) 
of title 18, United States Code, is amended to read as 
follows: 
‘‘(A) appears by its nature or context to be 
intended—
‘‘(i) to intimidate or coerce a civilian 
population; 
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by mass destruction, assassina-
tion, or kidnaping; and’’. 
(f) 
INTERNATIONAL
TERRORISM.—Paragraphs 
(1)(B) and (5)(B) of section 2331 of title 18, United 
States Code, are each amended by inserting ‘‘by their na-
ture or context’’ after ‘‘appear’’.
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