I
106TH CONGRESS
1ST SESSION
H. R. 1080
To provide penalties for terrorist attacks against mass transportation.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1999
Mr. BLUMENAUER (for himself, Mr. INSLEE, Mrs. MEEK of Florida, Mr. NEY,
and Mr. QUINN) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide penalties for terrorist attacks against mass
transportation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TERRORIST ATTACKS AGAINST MASS TRANS-
PORTATION.
(a) IN GENERAL.—Chapter 97 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 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 providers;
‘‘(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, or any ticket and fare collection activities,
while that driver or person is engaged in the duties
of that employment, 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;
‘‘(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, except that this para-
graph does not prohibit any lawfully authorized in-
vestigative, protective, or intelligence activity of a
law enforcement agency of the United States, a
State, or a political subdivision of a State, or of an
intelligence agency of the United States; or
‘‘(8) attempts, threatens, or conspires to do any
of the acts prohibited in paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than
20 years, or both, if such act is committed on or against
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 under 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.
‘‘(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 ter-
minal facility, or attempts to do so, shall be fined under
this title or imprisoned not more than 5 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
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 paragraph (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, except that the penalty of
death may not be imposed with respect to a killing made
an offense by this section.
‘‘(4) Paragraph (1) does 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
‘‘(D) an individual transporting a firearm on
board a mass transportation vehicle or vessel (except
a loaded firearm) in baggage not accessible to any
passenger on board the vehicle or vessel, if the mass
transportation provider was informed of the presence
of the weapon prior to the firearm being placed on
board the vehicle or vessel.
‘‘(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 mass transportation vehicle or vessel,
knowing or having reason to know such activity would like-
ly cause personal injury, shall be fined under this title or
imprisoned for not more than 5 years, or both, if such
act is committed on or against a mass transportation pro-
can be used to cause a harm listed in sub-
section (a) and that is not in use solely for
medical, industrial, research, or other peaceful
purposes;
‘‘(4) the term ‘firearm’ has the meaning given
to that term in section 921 of this title;
‘‘(5) the term ‘mass transportation’ has the
meaning given to that term in section 5302(a)(7) of
title 49, except that the term also includes school
bus, charter, and sightseeing transportation;
‘‘(6) the term ‘serious bodily injury’ has the
meaning given to that term in section 1365 of this
title; and
‘‘(7) the term ‘State’ has the meaning given to
that term in section 2266 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 97 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1994. Terrorist attacks against mass transportation.’’.
SEC. 2. INVESTIGATIVE JURISDICTION.
The Federal Bureau of Investigation shall lead the
investigation of all offenses under section 1994 of title 18,
United States Code. The Federal Bureau of Investigation
shall cooperate with the National Transportation Safety
Board and with the Department of Transportation in safe-
ty investigations by these agencies, and with the Treasury
Department’s Bureau of Alcohol, Tobacco and Firearms
concerning an investigation regarding the possession of
firearms and explosives.
Æ