I 
108TH CONGRESS 
2D SESSION 
H. R. 4143 
To amend title 18, United States Code, to combat terrorism against railroad 
carriers and mass transportation systems on land, on water, or through 
the air, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2004 
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 combat terrorism 
against railroad carriers and mass transportation sys-
tems on land, on water, or through the air, 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 2004’’.
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 
passenger or employee of a railroad carrier or mass 
transportation provider, or with a reckless disregard 
for the safety of human life, and without previously 
obtaining the permission of the railroad carrier— 
‘‘(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 the property
of a railroad carrier or mass transportation pro-
vider; 
‘‘(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 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 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 previously obtaining the permission of 
the mass transportation provider, and with in-
tent to, or knowing or having reason to know 
such activity would likely, derail, disable, or 
wreck a mass transportation vehicle used, oper-
‘‘(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 
‘‘(8) attempts, threatens, or conspires to engage 
in any violation of any of paragraphs (1) through 
(8); 
shall be fined under this title or imprisoned not more than 
20 years, or both. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 
offense under subsection (a) of this section in a cir-
cumstance in which— 
‘‘(1) the railroad on-track equipment or mass 
transportation vehicle was carrying a passenger or 
employee at the time of the offense; 
‘‘(2) the railroad on-track equipment or mass 
transportation vehicle was carrying high-level radio-
active waste or spent nuclear fuel at the time of the 
offense; 
‘‘(3) the railroad on-track equipment or mass 
transportation vehicle was carrying a hazardous ma-
terial at the time of the offense that—
‘‘(A) was required to be placarded under 
subpart F of part 172 of title 49, Code of Fed-
eral Regulations; and 
‘‘(B) is identified as class number 3, 4, 5, 
6.1, or 8 and packing group I or packing group 
II, or class number 1, 2, or 7 under the haz-
ardous materials table of section 172.101 of 
title 49, Code of Federal Regulations; or 
‘‘(4) the offense results in the death of any per-
son; 
shall be fined under this title or imprisoned for any term 
of years or life, or both. 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), the offender shall be fined under this 
title and imprisoned for life and be subject to the death 
penalty. 
‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A 
circumstance referred to in subsection (a) is any of the 
following: 
‘‘(1) Any of the conduct required for the offense 
is, or, in the case of an attempt, threat, or con-
spiracy to engage in conduct, the conduct required 
for the completed offense would be, engaged in, on, 
against, or affecting a mass transportation provider
or railroad carrier engaged in or affecting interstate 
or foreign commerce. 
‘‘(2) Any person travels or communicates across 
a State line in order to commit the offense, or trans-
ports materials across a State line in aid of the com-
mission of the offense. 
‘‘(d) NONAPPLICABILITY.—Subsection (a) does not 
apply to the conduct with respect to a destructive sub-
stance or destructive device that is also classified under 
chapter 51 of title 49 as a hazardous material in com-
merce if the conduct— 
‘‘(1) complies with chapter 51 of title 49 and 
regulations, exemptions, approvals, and orders 
issued under that chapter, or 
‘‘(2) constitutes a violation, other than a crimi-
nal violation, of chapter 51 of title 49 or a regula-
tion or order issued under that chapter. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘biological agent’ has the meaning 
given to that term in section 178(1); 
‘‘(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); 
‘‘(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, except that the term includes 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 on-track equipment’ 
means a train, locomotive, tender, motor unit, 
freight or passenger car, or other on-track equip-
ment used, operated, or employed by a railroad car-
rier; 
‘‘(10) the term ‘railroad’ has the meaning given 
to that term in chapter 201 of title 49; 
‘‘(11) the term ‘railroad carrier’ has the mean-
ing given to that term in chapter 201 of title 49; 
‘‘(12) the term ‘serious bodily injury’ has the 
meaning given to that term in section 1365; 
‘‘(13) 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)); 
‘‘(14) the term ‘State’ has the meaning given to 
that term in section 2266; 
‘‘(15) the term ‘toxin’ has the meaning given to 
that term in section 178(2); and 
‘‘(16) the term ‘vehicle’ means any carriage or 
other contrivance used, or capable of being used, as