I 
109TH CONGRESS 
1ST SESSION 
H. R. 52
To amend title 18, United States Code, to further protect rail and mass 
transportation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mrs. CAPITO introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to further protect 
rail and mass transportation, and for other purposes.
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 ‘‘Railroad Carriers and 
Mass Transportation Protection Act of 2005’’. 
SEC. 2. ATTACKS AGAINST RAILROAD CARRIERS AND MASS 
TRANSPORTATION SYSTEMS. 
(a) IN GENERAL.—Chapter 97 of title 18, United 
States Code, is amended by striking sections 1992 through 
1993 and inserting the following:
‘‘§ 1992. Terrorist attacks and other violence against 
railroad carriers and against mass trans-
portation systems on land, on water, or 
through the air 
‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir-
cumstance described in subsection (c), knowingly—
‘‘(1) wrecks, derails, sets fire to, or disables 
railroad on-track equipment or a mass transpor-
tation vehicle; 
‘‘(2) with intent to endanger the safety of any 
person, or with a reckless disregard for the safety of 
human life, and without the authorization of the 
railroad carrier or mass transportation provider—
‘‘(A) places any biological agent or toxin, 
destructive substance, or destructive device in, 
upon, or near railroad on-track equipment or a 
mass transportation vehicle; or 
‘‘(B) releases a hazardous material or a bi-
ological agent or toxin on or near any property 
described in subparagraph (A) or (B) of para-
graph (3); 
‘‘(3) sets fire to, undermines, makes unwork-
able, unusable, or hazardous to work on or use, or 
places any biological agent or toxin, destructive sub-
stance, or destructive device in, upon, or near any—
‘‘(A) 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 the authorization of 
the railroad carrier, and with intent to, or 
knowing or having reason to know such activity 
would likely, derail, disable, or wreck railroad 
on-track equipment; 
‘‘(B) 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, 
without the authorization of the mass transpor-
tation provider, and with intent to, or knowing 
or having reason to know such activity would 
likely, derail, disable, or wreck a mass transpor-
tation vehicle used, operated, or employed by a 
mass transportation provider; or 
‘‘(4) removes an appurtenance from, damages, 
or otherwise impairs the operation of a railroad sig-
nal system or mass transportation signal or dis-
patching system, including a train control system, 
centralized dispatching system, or highway-railroad
grade crossing warning signal, without authorization 
from the railroad carrier or mass transportation pro-
vider; 
‘‘(5) with intent to endanger the safety of any 
person, or with a reckless disregard for the safety of 
human life, 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 railroad on-track equipment or a mass transpor-
tation vehicle; 
‘‘(6) commits an act, including the use of a 
dangerous weapon, with the intent to cause death or 
serious bodily injury to any person who is on prop-
erty described in subparagraph (A) or (B) of para-
graph (3), except that this subparagraph shall not 
apply to rail police officers acting in the course of 
their law enforcement duties under section 28101 of 
title 49, United States Code; 
‘‘(7) conveys false information, knowing the in-
formation to be false, concerning an attempt or al-
leged attempt that was made, is being made, or is 
to be made, to engage in a violation of this sub-
section; or