Railroad Carriers and Mass Transportation Protection Act of 2004

the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense;

the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense;

the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that—

the offense results in the death of any person;

Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy 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.

Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense.

complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter, or

constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter.

the term biological agent has the meaning given to that term in section 178(1);

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, including a pocket knife with a blade of less than 21/2 inches in length and a box cutter;

the term destructive device has the meaning given to that term in section 921(a)(4);

the term destructive substance means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive 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 purposes;

the term hazardous material has the meaning given to that term in chapter 51 of title 49;

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));

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;

the term on-track equipment means a carriage or other contrivance that runs on rails or electromagnetic guideways;

the term railroad on-track equipment means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;

the term railroad has the meaning given to that term in chapter 201 of title 49;

the term railroad carrier has the meaning given to that term in chapter 201 of title 49;

the term serious bodily injury has the meaning given to that term in section 1365;

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));

the term State has the meaning given to that term in section 2266;

the term toxin has the meaning given to that term in section 178(2); and

the term vehicle means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.