I 112th CONGRESS 1st Session H. R. 304 IN THE HOUSE OF REPRESENTATIVES January 18, 2011 Mr. Gallegly 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)

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; and (2)by adding at the end of subsection (a) the following new paragraphs: (3)With the exception of defendants that are governmental entities, the liability cap under paragraph (2) shall be $275,000,000 if the accident or incident was proximately caused by gross negligence or willful misconduct of the defendant. (4)For purposes of paragraph (3), the term governmental entities includes Amtrak and any other entity which is wholly owned or operated by a governmental body or bodies. . (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.