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.

Increases from $200 million to $275 million the aggregate allowable amount that can be awarded (liability cap) for a single passenger rail accident or incident that was proximately caused by gross negligence or willful misconduct of a defendant (except a defendant that is governmental entity such as Amtrak). (Current law limits to $200 million the aggregate allowable award to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident.)

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 304 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 304

    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 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.

    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''; 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.
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