II Calendar No. 643 115th CONGRESS 2d Session S. 2861 [Report No. 115–356] IN THE SENATE OF THE UNITED STATES May 16, 2018 Ms. Duckworth (for herself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation November 14, 2018 Reported by Mr. Thune , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To prosecute, as a Federal crime, the assault or intimidation of a passenger train crew member to the same extent as such actions against aircraft crew members are prosecuted.

1. Short title This Act may be cited as the Passenger Rail Crew Protection Parity Act . 2. Interference with passenger train crew members (a) In general Chapter 281 of title 49, United States Code, is amended by adding at the end the following: 28104. Interference with passenger train crew members (a) Offense It shall be unlawful for any person, while on a passenger train— (1) to assault or intimidate a crew member, and thereby interfere with the performance of the duties of a crew member or lessen the ability of a crew member to perform those duties; or (2) to attempt or conspire to perform an act described in paragraph (1). (b) Penalties A person who violates subsection (a)— (1) shall be fined under title 18, imprisoned for not more than 20 years, or both; and (2) if a dangerous weapon is used in assaulting or intimidating the crew member, shall be imprisoned for any term of years or for life. (c) Training Each passenger rail carrier is encouraged to review training programs of the rail carrier and provide, as necessary, additional training in areas such as de-escalating hostile situations, written protocols on dealing with hostile situations, and reporting of incidents. (d) Definition of crew member In this section, the term crew member includes engineers, conductors, on-board service personnel, and similar employees assigned to duty on an in-service passenger train. . (b) Clerical amendment The analysis for chapter 281 of title 49, United States Code, is amended by adding at the end the following: 28104. Interference with passenger train crew members. .

1. Short title This Act may be cited as the Passenger Rail Crew Protection Act . 2. Interference with passenger train crew members (a) Amendment (1) In general Chapter 281 of title 49, United States Code, is amended by adding at the end the following: 28104. Interference with passenger train crew members (a) Definitions In this section: (1) Crew member The term crew member means a person, other than a passenger, who is a service employee assigned to duty on an in-service passenger train. (2) Dangerous weapon (A) In general The term dangerous weapon means a weapon, device, instrument, material, or animate or inanimate substance that is used for, or is readily capable of, causing death or serious bodily injury. (B) Inclusion The term dangerous weapon includes— (i) a pocket knife with a blade that is less than 2 1/2 inches in length; and (ii) a box cutter. (3) Passenger train The term passenger train means a passenger train in intercity rail passenger transportation (as defined in section 24102). (4) Serious bodily injury The term serious bodily injury means a bodily injury that involves— (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of— (i) a bodily member; (ii) an organ; or (iii) a mental facility. (5) Service employee The term service employee includes— (A) an engineer; (B) a conductor; (C) onboard personnel; and (D) an employee performing, or responsible for, a safety-sensitive function. (b) Offense It shall be unlawful for any person onboard a passenger train in operation, or on a platform serving a passenger train in operation— (1) to assault a crew member and thereby interfere with the performance of the duties of a crew member or lessen the ability of a crew member to perform those duties; or (2) to attempt or conspire to perform an act described in paragraph (1). (c) Penalties A person who violates subsection (b)— (1) shall be fined under title 18 or imprisoned for not more than 8 years, or both; and (2) if a dangerous weapon is used in assaulting the crew member, shall be imprisoned for not more than 20 years. . (2) Technical amendment The table of sections for chapter 281 of title 49, United States Code, is amended by adding at the end the following: § 28104. Interference with passenger train crew members. . (b) Sense of Congress regarding assault prevention and response training (1) Definition of rail passenger carrier In this subsection, the term rail passenger carrier means a rail carrier providing intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code). (2) Sense of Congress It is the sense of Congress that each rail passenger carrier should— (A) develop and implement— (i) training regarding— (I) assault prevention and response; and (II) deescalating hostile situations; and (ii) protocols regarding— (I) dealing with hostile situations; and (II) reporting of incidents; (B) offer the training and protocols described in subparagraph (A) to the appropriate personnel; and (C) publish in the terms of transportation of the rail passenger carrier a notice describing the offense of interference with passenger crew members under section 28104 of title 49, United States Code (as added by subsection (a)(1)). (c) GAO report on commuter rail assaults (1) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (A) review the number of assaults on rail crew members operating or assisting with commuter rail passenger transportation (as defined in section 24102 of title 49, United States Code) at each of the 10 largest commuter rail carriers, as determined by annual ridership, in the United States; and (B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the review under subparagraph (A), including recommendations, if any. (2) Contents The report under paragraph (1)(B) shall include— (A) a description of the number and types of assaults on rail crew members described in paragraph (1)(A), based on available data; (B) a description of other available details regarding assaults on rail crew members described in paragraph (1)(A), such as— (i) the function of involved crew members; (ii) the locations of the incidents (such as on a train or platform); and (iii) the circumstances surrounding the assaults; (C) a description of the outcome of assault incidents, such as the number of prosecutions of assaults, based on available data; and (D) an identification of any challenges in reporting those assault incidents.

November 14, 2018 Reported with an amendment