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.
Accident liability
Amendments
Section 28103 of title 49, United States Code, is amended—
in subsection
(a)(2), by striking The aggregate
and inserting Except as
provided in paragraph (3), the aggregate
;
by adding at the end of subsection (a) the following:
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
in subsection (c), by striking
$200,000,000
and inserting $500,000,000
.
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.