I 111th CONGRESS 2d Session H. R. 6150 IN THE HOUSE OF REPRESENTATIVES September 16, 2010 Mr. Gallegly (for himself, Mr. Lewis of California, Mr. McKeon, Mr. Simpson, Mr. Calvert, Mr. LaTourette, Mrs. Napolitano, Mrs. Capps, Ms. Loretta Sanchez of California, Mr. Filner, Mr. Baca, and Ms. Richardson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the limitation on liability for certain passenger rail accidents or incidents under section 28103 of title 49, United States Code, and for other purposes.

1.

Accident liability

(a)

Amendment

Section 28103 of title 49, United States Code, is amended— (1)in subsection (a)(2), by striking The aggregate and inserting Except as provided in paragraph (3), the aggregate; (2)by adding at the end of subsection (a) the following new paragraph: (3)The liability cap under paragraph (2) shall be $500,000,000 if the accident or incident was proximately caused by gross negligence or willful misconduct of the defendant. Such amount shall be adjusted annually by the Secretary to reflect changes in the Consumer Price Index-All Urban Consumers. ; and (3)in subsection (c), by striking $200,000,000 and inserting $500,000,000. (b)

Effective date

The amendments made by subsection (a) shall be effective for any passenger rail accident or incident occurring on or after September 12, 2008.