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. 
Be it enacted by the Senate and House of Representa-
tives 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 Adminis-
tration 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 avia-
tion system. Security is provided almost solely by 
private railroad carriers, and terrorists could easily 
gain access to a remote control locomotive or an op-
erator control unit and then operate a remote con-
trol transmitter controlling a remote control loco-
motive. 
(3) Remote control locomotives carrying haz-
ardous 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 dis-
ruption 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 haz-
ardous 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 viola-
tion 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 Transpor-
tation shall issue a rule requiring that— 
(1) railroad carriers inventory and maintain a 
continuous accounting of remote control transmit-
ters; 
(2) such transmitters be assigned only to per-
sonnel with proper identification and authorization 
to use such devices; and 
(3) such transmitters be kept in a secure loca-
tion (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
(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 vio-
lating this Act shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both; ex-
cept 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 knowl-
edge 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 trans-
mitter 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 in-
clude 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 con-
trol locomotive system. 
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