,,ii ,calendar ,no4 #fdc #aaeth ,,congress #b;d ,session ,s4 #bhfa ,report ,no4 #aae-cef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjah,ms4 ,duckworth 7for herself and ,mr4 ,hoeven7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,november #ad1 #bjah,reported by ,mr4 ,thune1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to prosecute1 as a ,federal crime1 the assault or intimidation of a passenger train crew member to the same extent as such actions against aircraft crew members are prosecuted4 #a4 ,short title ,this ,act may be cited as the ,passenger ,rail ,crew ,protection ,parity ,act4 #b4 ,interference with passenger train crew members 7a7 ,in general ,chapter #bha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bhajd4 ,interference with passenger train crew members 7a7 ,offense ,it shall be unlawful for any person1 while on a passenger train-- 7#a7 to assault or intimidate a crew member1 and thereby interfere with the performance of the duties of a crew member or lessen the ability of a crew member to perform those duties2 or 7#b7 to attempt or conspire to perform an act described in paragraph 7#a74 7b7 ,penalties ,a person who violates subsection 7a7-- 7#a7 shall be fined under title #ah1 imprisoned for not more than #bj years1 or both2 and 7#b7 if a dangerous weapon is used in assaulting or intimidating the crew member1 shall be imprisoned for any term of years or for life4 7c7 ,training ,each passenger rail carrier is encouraged to review training programs of the rail carrier and provide1 as necessary1 additional training in areas such as de-escalating hostile situations1 written protocols on dealing with hostile situations1 and reporting of incidents4 7d7 ,definition of crew member ,in this section1 the term crew member includes engineers1 conductors1 on-board service personnel1 and similar employees assigned to duty on an in-service passenger train4 4 7b7 ,clerical amendment ,the analysis for chapter #bha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bhajd4 ,interference with passenger train crew members4 4 #a4 ,short title ,this ,act may be cited as the ,passenger ,rail ,crew ,protection ,act4 #b4 ,interference with passenger train crew members 7a7 ,amendment 7#a7 ,in general ,chapter #bha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bhajd4 ,interference with passenger train crew members 7a7 ,definitions ,in this section3 7#a7 ,crew member ,the term crew member means a person1 other than a passenger1 who is a service employee assigned to duty on an in-service passenger train4 7#b7 ,dangerous weapon 7,a7 ,in general ,the term dangerous weapon means a weapon1 device1 instrument1 material1 or animate or inanimate substance that is used for1 or is readily capable of1 causing death or serious bodily injury4 7,b7 ,inclusion ,the term dangerous weapon includes-- 7i7 a pocket knife with a blade that is less than #ba_/b inches in length2 and 7ii7 a box cutter4 7#c7 ,passenger train ,the term passenger train means a passenger train in intercity rail passenger transportation 7as defined in section #bdajb74 7#d7 ,serious bodily injury ,the term serious bodily injury means a bodily injury that involves-- 7,a7 a substantial risk of death2 7,b7 extreme physical pain2 7,c7 protracted and obvious disfigurement2 or 7,d7 protracted loss or impairment of the function of-- 7i7 a bodily member2 7ii7 an organ2 or 7iii7 a mental facility4 7#e7 ,service employee ,the term service employee includes-- 7,a7 an engineer2 7,b7 a conductor2 7,c7 onboard personnel2 and 7,d7 an employee performing1 or responsible for1 a safety-sensitive function4 7b7 ,offense ,it shall be unlawful for any person onboard a passenger train in operation1 or on a platform serving a passenger train in operation-- 7#a7 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 duties2 or 7#b7 to attempt or conspire to perform an act described in paragraph 7#a74 7c7 ,penalties ,a person who violates subsection 7b7-- 7#a7 shall be fined under title #ah or imprisoned for not more than #h years1 or both2 and 7#b7 if a dangerous weapon is used in assaulting the crew member1 shall be imprisoned for not more than #bj years4 4 7#b7 ,technical amendment ,the table of sections for chapter #bha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bhajd4 ,interference with passenger train crew members4 4 7b7 ,sense of ,congress regarding assault prevention and response training 7#a7 ,definition of rail passenger carrier ,in this subsection1 the term rail passenger carrier means a rail carrier providing intercity rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code74 7#b7 ,sense of ,congress ,it is the sense of ,congress that each rail passenger carrier should-- 7,a7 develop and implement-- 7i7 training regarding-- 7,i7 assault prevention and response2 and 7,,ii7 deescalating hostile situations2 and 7ii7 protocols regarding-- 7,i7 dealing with hostile situations2 and 7,,ii7 reporting of incidents2 7,b7 offer the training and protocols described in subparagraph 7,a7 to the appropriate personnel2 and 7,c7 publish in the terms of transportation of the rail passenger carrier a notice describing the offense of interference with passenger crew members under section #bhajd of title #di1 ,united ,states ,code 7as added by subsection 7a77#a774 7c7 ,,gao report on commuter rail assaults 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 review the number of assaults on rail crew members operating or assisting with commuter rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code7 at each of the #aj largest commuter rail carriers1 as determined by annual ridership1 in the ,united ,states2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 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 7,a71 including recommendations1 if any4 7#b7 ,contents ,the report under paragraph 7#a77;,b7 shall include-- 7,a7 a description of the number and types of assaults on rail crew members described in paragraph 7#a77;,a71 based on available data2 7,b7 a description of other available details regarding assaults on rail crew members described in paragraph 7#a77;,a71 such as-- 7i7 the function of involved crew members2 7ii7 the locations of the incidents 7such as on a train or platform72 and 7iii7 the circumstances surrounding the assaults2 7,c7 a description of the outcome of assault incidents1 such as the number of prosecutions of assaults1 based on available data2 and 7,d7 an identification of any challenges in reporting those assault incidents4 ,november #ad1 #bjah,reported with an amendment