Page:United States Statutes at Large Volume 120.djvu/238

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 207

‘‘(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; or ‘‘(3) the offense was committed with the intent to endanger the safety of any person, or with a reckless disregard for the safety of any person, and 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, shall be fined under this title or imprisoned for any term of years or life, or both, and if the offense resulted in the death of any person, the person may be sentenced to death. ‘‘(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 a railroad carrier engaged in 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) 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 1⁄2 inches in length and a box cutter; than 2 ‘‘(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

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