S. 2289Senate108th Congress (2003-2005)In Committee

Railroad Carriers and Mass Transportation Protection Act of 2004

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced in Senate: CR S3794-3795)

Judiciary Committee

April 6, 2004

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SenateIntro Referral

Introduced in Senate

April 6, 2004

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced in Senate: CR S3794-3795)

Judiciary Committee

April 6, 2004

Floor Debate

3 members

What members said about S. 2289 on the floor

2 Republicans1 Democrat

Sen. Orrin G. HatchR-UT · Apr 6, 2004

Mr. President, I rise today to introduce a bill that would direct the Secretary of the Interior to convey a parcel of property to Beaver County, UT. This bill would allow Beaver County in…

Mr. President, I rise today to introduce a bill that would direct the Secretary of the Interior to convey a parcel of property to Beaver County, UT. This bill would allow Beaver County in Southwestern Utah to obtain and maintain, without restrictions, the former Minersville State Park. In sum, this bill is necessary to allow County officials to sell a small portion of this land--which has essentially been under their control for over 40 years--in order to offset funding needed to maintain the remainder of the park.

Some history might be beneficial at this point. In 1961, Beaver County obtained a lease for 207 acres of land from the Bureau of Land Management (BLM) to develop a recreational locale under the Recreation and Public Purposes Act. In 1963, Beaver County turned over the acreage to the State for the development of a park. Over the course of nearly 40 years, the State of Utah spent about one million dollars to develop campsites, a boat ramp, a dock, and other camping amenities to turn this area into the Minersville Reservoir State Park. In 2002, in an endeavor to reduce operating costs, Utah State Parks transferred control of the area back over to Beaver County. As County officials stated during negotiations, in order for Beaver County to afford management of the day to day operations of the would-be county park, they would need to sell some of the property to private investors. However, it was not until after park management responsibility was transferred to the county that the BLM pointed out that the state had not yet acquired the property through the Recreation and Public Purposes Act process. The plan for Beaver County to sell some of the land to pay for park operation, however, is not allowed under the Recreation and Public Purposes Act lease, which only allows the property to be developed for recreation or other purposes. The only way for Beaver County to undertake responsibility for park is to remove the current Federal restrictions on the property.

Today, Beaver County faces financial constraints in operating this park that threaten its continued use. Due to the prevailing restrictions in the Recreation and Public Purposes Act lease, initiated more than 40 years ago, the good people of southern Utah and visitors to the area will not be able to access and enjoy this county park. The campsites would be littered and unkept. The boat ramp and the boat docks would have to be closed. The park would become a destitute recreation area, because there would be no one to administer park maintenance and upkeep. The only public access to Minersville Reservoir, which features a converted blue ribbon trout fishery, would go to waste because of the Federal government's current Recreation and Public Purposes Act lease restriction.

I don't believe that letting management of the park revert to the BLM is a viable option either. The intensive, day to day management this small park requires can be best accomplished to local officials. If Beaver County acquires the property, it will continue to make this park an excellent recreational refuge, a superb fishery, and a great place to visit. Beaver County will be able to provide a clean and safe park enjoyed by all who visit. That is why I am introducing this legislation this legislation that would convey the Minersville Park land to Beaver County.

I thank the Senate for the opportunity to address this issue today, and I urge my colleagues to support this legislation.

Sen. Ben NelsonD-NE · Apr 6, 2004

Mr. President, today I introduce legislation to continue the relief to six hospitals in Nebraska that have been struggling financially under the current Medicare payment structure. Local hospitals…

Mr. President, today I introduce legislation to continue the relief to six hospitals in Nebraska that have been struggling financially under the current Medicare payment structure.

Local hospitals can best meet the unique needs of rural communities which is why I am committed to ensuring that these hospitals have the resources they need. Vital services like hospitals are increasingly important for the survival of our rural communities. Towns can't adequately serve residents--or attract new residents--without access to basic services. We need to focus on ensuring that hospitals and other vital services have the resources they need, so that communities will have the essential services they require.

Last year, Senator Brownback and I proposed legislation to provide cost-based reimbursement for rural community hospitals. Rural Community Hospitals (RCH) are hospitals with between 25-50 beds. Those hospitals had been adversely affected by Medicare formulas that set rates for reimbursement nationwide. These rates did not take into account the higher costs of practicing medicine in rural areas as these areas do not have the benefits of volume that larger hospitals enjoy. RCHs are also too large to qualify for critical access designation given to hospitals with fewer than 25 beds.

I am pleased that provisions from this legislation were included in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 as a pilot program. The program provided cost-based reimbursements for inpatient services.

The legislation Senator Brownback and I are introducing today will expand the pilot program to cover outpatient services as well. This legislation will again address a critical shortcoming in current reimbursement practices and help Rural Community Hospitals serve their communities and invest in the future of rural health care.

Six Nebraska hospitals would be affected by expanding the scope of the pilot program. Those hospitals are: Beatrice Community Hospital, Columbus Community Hospital, McCook Community Hospital, Jennie Melham Memorial Medical Center in Broken Bow, Phelps Memorial Health Center in Holdrege, and Tri County Hospital in Lexington.

We made some progress for our rural hospitals by creating the RCH pilot program last year. This legislation would expand on that victory by ensuring that all Medicare treatments, whether inpatient or outpatient, would receive cost-based reimbursement. Expanding this program will make a big difference to these hospitals and more importantly, the patients they serve.

Sen. Jeff SessionsR-AL · Apr 6, 2004

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Jeff SessionsR-AL · Apr 6, 2004

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 6, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2289 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2289

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 SENATE OF THE UNITED STATES

April 6, 2004

Mr. Sessions introduced the following bill; which was read twice and
referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

A BILL

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.

Be it enacted by the Senate and House of Representatives 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:
``Sec. 1992. Terrorist attacks and other violence against railroad
carriers and against mass transportation systems on land,
on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance described
in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation 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 biological
agent or toxin on or near the property of a railroad
carrier or mass transportation provider;
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological agent
or toxin, destructive substance, 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, structure,
property, or appurtenance used in the operation 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;
or
``(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 intent to, or knowing or having
reason to know such activity would likely, derail,
disable, or wreck a mass transportation vehicle used,
operated, or employed by a mass transportation
provider;
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a train
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal, without authorization
from the rail carrier or mass transportation provider;
``(5) 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, interferes with, disables, or incapacitates any
dispatcher, driver, captain, locomotive engineer, railroad
conductor, or other person while the person is employed in
dispatching, operating, or maintaining railroad on-track
equipment or a mass transportation vehicle;
``(6) engages in conduct, including the use of a dangerous
weapon, with the intent to cause death or serious bodily injury
to any person who is on the property of a railroad carrier or
mass transportation provider that is used for railroad or mass
transportation purposes;
``(7) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt that was
made, is being made, or is to be made, to engage in a violation
of this subsection; 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 circumstance 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 radioactive
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 material at the
time of the offense that--
``(A) was required to be placarded under subpart F
of part 172 of title 49, Code of Federal 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 hazardous materials table
of section 172.101 of title 49, Code of Federal
Regulations; or
``(4) the offense results in the death of any person;
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 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.
``(2) 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.
``(d) Nonapplicability.--Subsection (a) does not apply to the
conduct with respect to a destructive substance or destructive device
that is also classified under chapter 51 of title 49 as a hazardous
material in commerce 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 criminal
violation, of chapter 51 of title 49 or a regulation 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, including a pocket knife with a blade of less
than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning 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 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;
``(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 equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning 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 a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter
heading and inserting ``RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH
THE AIR'';
(B) by striking the items relating to sections 1992
and 1993; and
(C) by inserting after the item relating to section
1991 the following:

``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on
land, on water, or through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:

``97. Railroad carriers and mass transportation systems on      1991''.
land, on water, or through the
air.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking
``1992 (relating to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence against
mass transportation systems),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992
(relating to wrecking trains),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),''.
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