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‘‘§ 60205. Grants to States
‘‘(a) AUTHORITY.—The Secretary of Transportation
may make grants to States or to operators of one-call noti-
fication systems to plan for, establish, or implement a
State program. For the purpose of making these grants,
there is available to the Secretary until expended from
amounts collected under section 60301 of this title,
$1,000,000 for fiscal year 1998, and such sums as may
be necessary for fiscal years 1999 and 2000, to the extent
provided in appropriations Acts.
‘‘(b) CRITERIA.—Grants under this section may be
used to—
‘‘(1) evaluate a State’s damage prevention
needs and to plan for establishment of a qualified
State program;
‘‘(2) improve communications systems linking
one-call notification systems;
‘‘(3) improve location capabilities, including
training personnel and developing and using location
technology;
‘‘(4) improve record retention and recording ca-
pabilities;
‘‘(5) enhance public information and education
campaigns, including promotional activities;
‘‘(6) develop enhanced enforcement mecha-
nisms; and
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‘‘(7) otherwise further the purposes of this
chapter.
‘‘(c) ALTERNATE FORM OF STATE PROGRAM.—The
Secretary may make a grant under subsection (a) to a
State that establishes or maintains a comprehensive state-
wide one-call notification program to protect all under-
ground facilities from damage due to excavation that does
not meet the requirements for a State program if the Sec-
retary determines that the program is at least as protec-
tive of public safety and the environment as a program
that has the elements described in section 60203 of this
title.
‘‘(d) PROGRESS REPORTS.—As a condition of receipt
of a grant under this section, a State or an operator of
a one-call notification system shall report to the Secretary
on progress made in implementing this chapter. The Sec-
retary shall prescribe the form and contents of the report,
including available data on use of the one-call notification
system and excavation damage.
‘‘§ 60206. Model program
‘‘(a) DEVELOPMENT OF MODEL PROGRAM.—Within
1 year after the date of enactment of this chapter, the
Secretary of Transportation, in consultation with facility
operators, excavators, one-call notification system opera-
tors, and interested government agencies, including State
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and local governments, shall develop and make available
to States a model State one-call notification program. The
Secretary may amend the model program from time to
time.
‘‘(b) ELEMENTS OF MODEL PROGRAM.—The model
program developed under subsection (a) shall include all
elements of a State program described in section 60203
of this chapter. In addition, the Secretary shall consider
incorporating the following elements into the model pro-
gram:
‘‘(1) Specific information that a one-call notifi-
cation system must receive and record from exca-
vators;
‘‘(2) length of time one-call records must be re-
tained;
‘‘(3) recommended practices on distributing in-
formation on damage prevention to excavators;
‘‘(4) a requirement that an excavator contact
the one-call notification system at least two (2) busi-
ness days, and not more than ten (10) business
days, before excavation begins;
‘‘(5) alternative notification procedures for ex-
cavation activities conducted as part of ongoing op-
erations within specific geographic locations over an
extended period of time;
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‘‘(6) guidelines for incorporating into a one-call
notification system alternative notification and
marking systems in special circumstances such as
within railroad rights-of-way or at airports;
‘‘(7) specific reference to standards for identify-
ing underground facilities developed by the American
Public Works Association Uniform Color Code for
Utilities and the American National Standards Insti-
tute;
‘‘(8) a requirement that a facility operator
mark underground facilities at the site of an in-
tended excavation within two (2) business days after
notification;
‘‘(9) a provision for notification of excavators if
no underground facilities are located at the exca-
vation site;
‘‘(10) procedures for excavators and facility op-
erators when the location of underground facilities is
unknown;
‘‘(11) practices to improve underground facility
location capabilities;
‘‘(12) recommended procedures for emergency
circumstances; and
‘‘(13) revocation of the license or permit to do
business of any excavator determined to be a habit-
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ual violator of the requirements of the State pro-
gram.
‘‘(14) recommended procedures for protecting
underground facilities from intentional damage as a
result of the line being marked or located and from
security breaches.
‘‘(c) WORKSHOPS.—The Secretary shall conduct
workshops with facility operators, excavators, one-call no-
tification system operators, and interested government
agencies, including State and local governments, in order
to develop, amend, and promote the model program, and
to provide an opportunity to share information among
such parties.
‘‘(d) PUBLIC EDUCATION.—The Secretary shall work
with facility operators, excavators, one-call notification
systems operators, and interested government agencies,
including State and local governments, to develop public
service announcements and other educational materials
and programs to be broadcast or published to educate the
public about one-call notification systems.
‘‘§ 60207. Department of Transportation role
‘‘The Secretary of Transportation shall coordinate
the implementation of this chapter with the implementa-
tion of chapter 601 of this title. An activity conducted by
the Secretary under this chapter shall be deemed an activ-
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ity related to gas or hazardous liquid under chapter 601
of this title.’’.
(b) The analysis of subtitle VIII is amended by add-
ing a new item:
‘‘CHAPTER 602—UNDERGROUND DAMAGE PREVENTION’’.
SEC. 11003. TECHNICAL AMENDMENT.
Title 49 is amended by striking and reserving section
60114, and striking the item for section 60114 in the
analysis of chapter 601.
TITLE XII—SANITARY FOOD
TRANSPORTATION
SEC. 12001. SHORT TITLE.
This title may be cited as the ‘‘Sanitary Food Trans-
portation Act of 1997’’.
SEC. 12002. FINDINGS.
Congress finds that—
(1) the Department of Transportation, the De-
partment of Agriculture, and the Food and Drug
Administration in the Department of Health and
Human Services have consulted about how best to
ensure that food is not adulterated as a result of the
conditions under which it is transported. As a result
of these consultations, the agencies have confirmed
that steps to ensure the safety of food are more effi-
cient if taken by the agencies directly charged with
the responsibility for food safety;
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(2) the Secretary of Agriculture has ample au-
thority under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.), and the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.), to inspect
and regulate continuously the transportation of
meat, poultry, and eggs in commerce for use in
human food, has exercised the statutory authority in
a diligent manner so as to prevent the transpor-
tation of unwholesome or adulterated meat, poultry,
and egg products in commerce, and does not need
additional enforcement authority to regulate the
transportation of meat, poultry, and egg products in
commerce;
(3) certain statutory changes are necessary to
provide the Secretary of Health and Human Services
with the authority necessary to ensure that food,
other than that regulated by the Secretary of Agri-
culture, will not be rendered adulterated in transpor-
tation;
(4) the appropriate role for the Secretary of
Transportation is to provide assistance concerning
the transportation aspects of food safety; and
(5) therefore, amendment of chapter 57 of title
49, United States Code, and the transfer of certain
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‘‘(2) packaging, isolation, and other protective
measures;
‘‘(3) limitations on the use of vehicles;
‘‘(4) information to be disclosed—
‘‘(A) to a carrier by a person arranging for
the transport of food, and
‘‘(B) to a manufacturer or other persons
arranging for the transport of food by a carrier
or other person furnishing a tank or bulk vehi-
cle for the transport of food; and
‘‘(5) recordkeeping.
‘‘(b) LIST
OF UNACCEPTABLE NONFOOD PROD-
UCTS.—The Secretary by publication in the Federal Reg-
ister, may establish and periodically amend—
‘‘(1) a list of nonfood products that the Sec-
retary determines may, if shipped in a tank or bulk
vehicle, render adulterated food transported subse-
quently in such vehicle; and
‘‘(2) a list of nonfood products that the Sec-
retary determines may, if shipped in a motor or rail
vehicle (other than a tank or bulk vehicle), render
adulterated food transported simultaneously or sub-
sequently in such vehicle.
‘‘(c) WAIVER AUTHORITY.—
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‘‘(1) IN GENERAL.—The Secretary may waive
all or part of this section, or any requirement under
this section, with respect to any class of persons, of
vehicles, of food, or of nonfood products, if the Sec-
retary determines that such waiver—
‘‘(A) will not result in the transportation
of food under conditions that would be unsafe
for human or animal health; and
‘‘(B) will not be contrary to the public in-
terest of this Act.
‘‘(2) PUBLICATION.—The Secretary shall pub-
lish in the Federal Register any waiver and the rea-
sons for the waiver.
‘‘(d) PREEMPTION.—
‘‘(1) IN GENERAL.—No State or political sub-
division of a State may directly or indirectly estab-
lish or continue in effect, as to any food in interest
commerce, any authority or requirement concerning
that transportation of food that is not identical to
the requirement of this section.
‘‘(2) EFFECTIVE DATE.—The provisions of this
subsection apply only with respect to transportation
occurring on or after the effective date of regulations
prescribed under subsection (a).
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‘‘(e) ASSISTANCE OF OTHER AGENCIES.—The Sec-
retary of Transportation, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency,
and the heads of other Federal agencies, as appropriate,
shall provide assistance upon request, to the extent re-
sources are available, to the Secretary of Health and
Human Services for the purposes of carrying out this sec-
tion.
‘‘(f) DEFINITIONS.—For purposes of the section—
‘‘(1) The term transportation means any move-
ment of property in commerce by motor vehicle or
rail vehicle.
‘‘(2) The term ‘tank or bulk vehicle’ includes
any vehicle in which food is shipped in bulk and in
which the food comes directly into contact with the
vehicle, including tank trucks, hopper trucks, rail
tank cars, hopper cars, cargo tanks, portable tanks,
freight containers, or hopper bins.’’.
(c) INSPECTION OF TRANSPORTATION RECORDS.—
(1) REQUIREMENT.—Chapter VII of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 371
et seq.) is amended by inserting after section 703
the following new section:
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‘‘§ 703A. Food transportation records
‘‘Shippers, carriers by motor vehicle or rail vehicle,
and other persons subject to section 414 shall, upon re-
quest of an officer or employee duly designated by the Sec-
retary, permit such officer or employee, at reasonable
times, to have access to and to copy all records that the
Secretary requires them to make or retain under section
414(a)(5) of this Act.’’.
(2) CONFORMING
AMENDMENT.—Section 703
of the Act (21 U.S.C. 373) is amended in the second
proviso by inserting ‘‘, unless otherwise explicitly
provided,’’ after ‘‘That’’.
(d) PROHIBITED ACTS.
(1) RECORDS INSPECTION.—Section 301(c) of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331(e)) is amended—
(A) by striking ‘‘or 703’’ and inserting ‘‘,
703, or 703a’’, and
(B) by inserting ‘‘414,’’ before ‘‘505(i)’’.
(2) UNSAFE FOOD TRANSPORTATION.—Section
301 of the Act (21 U.S.C. 331) is further amend-
ed—
(A) by redesignating subsection (u) as sub-
section (v); and
(B) by adding at the end the following new
subsection:
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‘‘(w) The failure, by a shipper, carrier, receiver, or
any other person engaged in the transportation of food,
to comply with the sanitary transportation practices pre-
scribed by the Secretary under section 414.’’.
SEC. 12004. DEPARTMENT OF TRANSPORTATION REQUIRE-
MENTS.
Chapter 57 of title 49, relating to sanitary food trans-
portation, is revised to read as follows:
‘‘CHAPTER 57—SANITARY FOOD TRANSPORTATION
‘‘Sec.
‘‘5701. Findings
‘‘5702. Food transportation safety inspections
‘‘§ 5701. Findings
‘‘Congress finds that—
‘‘(1) the United States public is entitled to re-
ceive food and other consumer products that are not
made unsafe because of certain transportation prac-
tices;
‘‘(2) the United States public is threatened by
the transportation of products potentially harmful to
consumers in motor vehicles and rail vehicles that
are used to transport food and other consumer prod-
ucts; and
‘‘(3) the risks to consumers by those transpor-
tation practices are unnecessary and those practices
must be ended.
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‘‘§ 5702. Food transportation safety inspections
‘‘(a) INSPECTION PROCEDURES.—(1) The Secretary
of Transportation, in consultation with the Secretaries of
Health and Human Services and Agriculture, shall estab-
lish procedures to be used in performing transportation
safety inspections for the purpose of identifying suspected
incidents of contamination or adulteration of food that
may violate regulations issued under section 414 of title
21, United States Code, and shall train personnel of the
Department of Transportation in the appropriate use of
such procedures.
‘‘(2) The procedures established under paragraph (1)
of this subsection shall apply, at a minimum, to the De-
partment of Transportation personnel who perform com-
mercial motor vehicle and railroad safety inspections.
‘‘(b) NOTIFICATION OF SECRETARIES OF HEALTH
AND HUMAN SERVICES AND AGRICULTURE.—The Sec-
retary of Transportation shall promptly notify the Sec-
retary of Health and Human Services or the Secretary of
Agriculture, as applicable, of any instances of potential
food contamination or adulteration of a food identified
during transportation safety inspections.
‘‘(c) USE OF STATE EMPLOYEES.—The means by
which the Secretary of Transportation carries out sub-
section (b) of this section may include inspections con-
ducted by State employees using funds authorized to be
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appropriated under sections 31102 through 31104 of this
title.’’.
SEC. 12005. EFFECTIVE DATE OF THE ACT.
Unless otherwise specified, the provisions of this title
are effective October 1, 1997.
TITLE XIII—RAIL AND MASS
TRANSPORTATION ANTI-TERRORISM
SEC. 13001. SHORT TITLE.
This title may be cited as the ‘‘Transportation Anti-
Terrorism Act of 1997’’.
SEC. 13002. PURPOSE.
The purpose of this title is to protect the passengers
and employees of railroad carriers and mass transpor-
tation systems and the movement of freight by railroad
from terrorist attacks.
SEC. 13003. AMENDMENTS TO THE ‘‘WRECKING TRAINS’’
STATUTE.
(a) Section 1992 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1992. Terrorist attacks against railroads
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables any
train, locomotive, motor unit, or freight or passenger
car used, operated, or employed by a railroad car-
rier;
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‘‘(2) brings, carries, possesses, places, or causes
to be placed any destructive substance, or destruc-
tive device in, upon, or near any train, locomotive,
motor unit, or freight or passenger car used, oper-
ated, or employed by a railroad carrier, without pre-
viously obtaining the permission of the carrier, and
with intent to endanger the safety of any passenger
or employee of the carrier, or with a reckless dis-
regard for the safety of human life;
‘‘(3) sets fire to, or places any destructive sub-
stance, or destructive device in, upon, or near, or
undermines any tunnel, bridge, viaduct, trestle,
track, signal, station, depot, warehouse, terminal, or
any other way, structure, property, or appurtenance
used in the operation of, or in support of the oper-
ation of, a railroad carrier, or otherwise makes any
such tunnel, bridge, viaduct, trestle, track, station,
depot, warehouse, terminal, or any other way, struc-
ture, property, or appurtenance unworkable or unus-
able or hazardous to work or use, knowing or having
reason to know such activity would likely derail, dis-
able, or wreck a train, locomotive, motor unit, or
freigh or passenger car used, operated, or employed
by a railroad carrier;
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‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of any railroad sig-
nal system, including a train control system, central-
ized dispatching system, or highway-railroad grade
crossing warning signal on a railroad line used, op-
erated, or employed by a railroad carrier.
‘‘(5) interferes with, disables or incapacitates
any locomotive engineer, conductor, or other person
while they are operating or maintaining a train, lo-
comotive, motor unit, or freight or passenger car
used, operated, or employed by a railroad carrier,
with intent to endanger the safety of any passenger
or employee of the carrier, or with a reckless dis-
regard for the safety of human life;
‘‘(6) commits an act intended to cause death or
serious bodily injury to an employee or passenger of
a railroad carrier while on the property of the car-
rier;
‘‘(7) causes the release of a hazardous material
being transported by a rail freight car, with the in-
tent to endanger the safety of any person, or with
a reckless disregard for the safety of human life;
‘‘(8) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt being made or
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to be made, to do any act which would be a crime
prohibited by this subsection; or
‘‘(9) attempts, threatens, or conspires to do any
of the aforesaid acts—
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be commit-
ted, within the United States on, against, or affecting a
railroad carrier engaged in or affecting interstate or for-
eign commerce, or if in the course of committing such acts,
that person travels or communicates across a State line
in order to commit such acts, or transports materials
across a State line in aid of the commission of such acts:
Provided however, That whoever is convicted of any crime
prohibited by this subsection shall be:
‘‘(1) imprisoned for not less than thirty years
or for life if the railroad train involved carried high-
level radioactive waste or spent nuclear fuel at the
time of the offense;
‘‘(2) imprisoned for life if the railroad train in-
volved was carrying passengers at the time of the of-
fense; and
‘‘(3) imprisoned for life or sentenced to death
if the offense has resulted in the death of any per-
son.
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‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND
DANGEROUS WEAPONS.—(1) Except as provided in para-
graph (4), whoever knowingly possesses or causes to be
present any firearm or other dangerous weapon on board
a passenger train of a railroad carrier, or attempts to do
so, shall be fined under this title or imprisoned not more
than one year, or both, if such act is committed on a rail-
road carrier that is engaged in or affecting interstate or
foreign commerce, or if in the course of committing such
act, that person travels or communicates across a State
line in order to commit such act, or transports materials
across a State line in aid of the commission of such act.
‘‘(2) Whoever, with intent that a firearm or other
dangerous weapon be used in the commission of a crime,
knowingly possesses or causes to be present such firearm
or dangerous weapon on board a passenger train or in a
passenger terminal facility of a railroad carrier, or at-
tempts to do so, shall be fined under this title or impris-
oned not more than five years, or both, if such act is com-
mitted on a railroad carrier that is engaged in or affecting
interstate or foreign commerce, or if in the course of com-
mitting such act, that person travels or communicates
across a State line in order to commit such act, or trans-
ports materials across a State line in aid of the commis-
sion of such act.
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‘‘(3) A person who kills or attempts to kill a person
in the course of a violation of paragraphs (1) or (2), or
in the course of an attack on a passenger train or a pas-
senger terminal facility of a railroad carrier involving the
use of a firearm or other dangerous weapon, shall be pun-
ished as provided in sections 1111, 1112, and 1113 of this
title.
‘‘(4) Paragraph (1) shall not apply to:
‘‘(A) the possession of a firearm or other dan-
gerous weapon by an officer, agent, or employee of
the United States, a State, or a political subdivision
thereof, while engaged in the lawful performance of
official duties, who is authorized by law to engage in
the transportation of people accused or convicted of
crimes, or supervise the prevention, detection, inves-
tigation, or prosecution of any violation of law;
‘‘(B) the possession of a firearm or other dan-
gerous weapon by an officer, agent, or employee of
the United States, a State or a political subdivision
thereof, while off duty, if such possession is author-
ized by law;
‘‘(C) the possession of a firearm or other dan-
gerous weapon by a Federal official or a member of
the Armed Forces if such possession is authorized by
law; or
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‘‘(D) an individual transporting a firearm on
board a railroad passenger train (except a loaded
firearm) in baggage not accessible to any passenger
on board the train, if the railroad carrier was in-
formed of the presence of the weapon prior to the
firearm being placed on board the train.
‘‘(c) 
PROHIBITION
AGAINST
PROPELLING
OB-
JECTS.—Whoever willfully or recklessly throws, shoots, or
propels a rock, stone, brick, or piece of iron, steel, or other
metal or any deadly or dangerous object or destructive
substance at any locomotive or car of a train, knowing
or having reason to know such activity would likely cause
personal injury, shall be fined under this title or impris-
oned for not more than five years, or both, if such act
is committed on or against a railroad carrier engaged in
or affecting interstate or foreign commerce, or if in the
course of committing such act, that person travels or com-
municates across a State line in order to commit such act,
or transports materials across a State line in aid of the
commission of such act. Whoever is convicted of any crime
prohibited by this subsection shall also be subject to im-
prisonment for not more than twenty years if the offense
has resulted in the death of any person.
‘‘(d) DEFINITIONS.—In this section—
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‘‘(1) ‘dangerous device’ has the meaning given
to that term in section 921(a)(4) of this title;
‘‘(2) ‘dangerous weapon’ has the meaning given
to that term in section 930 of this title;
‘‘(3) ‘destructive substance’ has the meaning
given to that term in section 31 of this title, except
that: (A) the term ‘radioactive device’ does not in-
clude any radioactive device or material used solely
for medical, industrial, research, or other peaceful
purposes, and (B) ‘destructive substance’ includes
any radioactive device or material that can be used
to cause a harm listed in subsection (a) and that is
not in use solely for medical, industrial, research, or
other peaceful purposes;
‘‘(4) ‘firearm’ has the meaning given to that
term in section 921 of this title;
‘‘(5) ‘hazardous material’ has the meaning
given to that term in section 5102(2) of title 49,
United States Code;
‘‘(6) ‘high-level radioactive waste’ has the
meaning given to that term in section 10101(12) of
title 42, United States Code;
‘‘(7) ‘railroad’ has the meaning given to that
term in section 20102(1) of title 49, United States
Code;
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‘‘(8) ‘railroad carrier’ has the meaning given to
that term in section 20102(2) of title 49, United
States Code;
‘‘(9) ‘serious bodily injury’ has the meaning
given to that term in section 1365 of this title;
‘‘(10) ‘spent nuclear fuel’ has the meaning
given to that term in section 10101(23) of title 42,
United States Code; and
‘‘(11) ‘State’ has the meaning given to that
term in section 2266 of this title.’’.
(b) In the analysis of chapter 97 of title 18, United
States Code, item ‘‘1992’’ is amended to read:
‘‘1992. Terrorist attacks against railroads.’’.
SEC. 13004. TERRORIST ATTACKS AGAINST MASS TRANS-
PORTATION.
(a) Chapter 97 of title 18, United States Code, is
amended by adding at the end thereof the following new
section:
‘‘§ 1994. Terrorist attacks against mass transportation
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables a
mass transportation vehicle or vessel;
‘‘(2) places or causes to be placed any destruc-
tive substance in, upon, or near a mass transpor-
tation vehicle or vessel, without previously obtaining
the permission of the mass transportation provider,
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and with intent to endanger the safety of any pas-
senger or employee of the mass transportation pro-
vider, or with a reckless disregard for the safety of
human life;
‘‘(3) sets fire to, or places any destructive sub-
stance in, upon, or near any garage, terminal, struc-
ture, supply, or facility used in the operation of, or
in support of the operation of, a mass transportation
vehicle, knowing or having reason to know such ac-
tivity would likely derail, disable, or wreck a mass
transportation vehicle used, operated, or employed
by a mass transportation provider;
‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of a mass transpor-
tation signal system, including a train control sys-
tem, centralized dispatching system, or rail grade-
crossing warning signal;
‘‘(5) interferes with, disables, or incapacitates
any driver or person while they are employed in op-
erating or maintaining a mass transportation vehicle
or vessel, with intent to endanger the safety of any
passenger or employee of the mass transportation
provider, or with a reckless disregard for the safety
of human life;
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‘‘(6) commits an act intended to cause death or
serious bodily injury to an employee or passenger of
a mass transportation provider on the property of a
mass transportation provider;
‘‘(7) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt being made or
to be made, to do any act which would be a crime
prohibited by this subsection; or
‘‘(8) attempts, threatens, or conspires to do any
of the aforesaid acts—
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be commit-
ted, within the United States on, against, or affecting a
mass transportation provider engaged in or affecting
interstate or foreign commerce, or if in the course of com-
mitting such act, that person travels or communicates
across a State line in order to commit such act, or trans-
ports materials across a State line in aid of the commis-
sion of such act. Whoever is convicted of a crime prohib-
ited by this section shall also be subject to imprisonment
for life if the mass transportation vehicle or vessel was
carrying a passenger at the time of the offense, and im-
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prisonment for life or sentenced to death if the offense
has resulted in the death of any person.
‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND
DANGEROUS WEAPONS.—(1) Except as provided in para-
graph (4), whoever knowingly possesses or causes to be
present any firearm or other dangerous weapon on board
a mass transportation vehicle or vessel, or attempts to do
so, shall be fined under this title or imprisoned not more
than one year, or both, if such act is committed on a mass
transportation provider engaged in or affecting interstate
or foreign commerce, or if in the course of committing
such act, that person travels or communicates across a
State line in order to commit such act, or transports mate-
rials across a State line in aid of the commission of such
act.
‘‘(2) Whoever, with intent that a firearm or other
dangerous weapon be used in the commission of a crime,
knowingly possesses or causes to be present such firearm
or dangerous weapon on board a mass transportation vehi-
cle or vessel, or in a mass transportation passenger termi-
nal facility, or attempts to do so, shall be fined under this
title, or imprisoned not more than five years, or both, if
such act is committed on a mass transportation provider
engaged in or affecting interstate or foreign commerce, or
if in the course of committing such act, that person travels
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or communicates across a State line in order to commit
such act, or transports materials across a State line in
aid of the commission of such act.
‘‘(3) A person who kills or attempts to kill a person
in the course of a violation of paragraphs (1) or (2), or
in the course of an attack on a mass transportation vehicle
or vessel, or a mass transportation passenger terminal fa-
cility involving the use of a firearm or other dangerous
weapon, shall be punished as provided in sections 1111,
1112, and 1113 of this title.
‘‘(4) Paragraph (1) shall not apply to:
‘‘(A) the possession of a firearm or other dan-
gerous weapon by an officer, agent, or employee of
the United States, a State, or a political subdivision
thereof, while engaged in the lawful performance of
official duties, who is authorized by law to engage in
the transportation of people accused or convicted of
crimes, or supervise the prevention, detection, inves-
tigation, or prosecution of any violation of law;
‘‘(B) the possession of a firearm or other dan-
gerous weapon by an officer, agent, or employee of
the United States, a State, or a political subdivision
thereof, while off duty, if such possession is author-
ized by law;