[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3982 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3982

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2010

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACCIDENT LIABILITY.

    (a) Amendments.--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:
    ``(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 of Transportation 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.
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