II 111th CONGRESS 2d Session S. 3982 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.

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.