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S. 1360 (114th): A bill to amend the limitation on liability for passenger rail accidents or incidents under section 28103 of title 49, United States Code, and for other purposes.

The text of the bill below is as of May 18, 2015 (Introduced).


II

114th CONGRESS

1st Session

S. 1360

IN THE SENATE OF THE UNITED STATES

May 18, 2015

(for himself, Mrs. Feinstein, and Mrs. Boxer) 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 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)—

(A)

in paragraph (2), by striking $200,000,000 and inserting $500,000,000, except as provided in paragraph (3); and

(B)

by adding at the end the following:

(3)

Subject to paragraph (4), the liability cap under paragraph (2) shall be adjusted annually by the Secretary of Transportation to reflect changes in the Consumer Price Index-All Urban Consumers.

(4)

Not later than 2 years after the date of enactment of this paragraph, the Secretary—

(A)

shall consider whether additional adjustments are needed to the liability cap under paragraph (2);

(B)

shall consider whether to establish or adjust mandatory coverage for an entity described in subsection (e)(1)(A); and

(C)

may promulgate regulations.

; and

(2)

in subsection (c), by striking $200,000,000 per accident or incident and inserting $500,000,000 per accident or incident, unless the Secretary, by regulation, determines that a different minimum level of financial responsibility is necessary or sufficient to satisfy claims under this section..

(b)

Effective date

The amendments made by subsection (a) shall be effective for any passenger rail accident or incident occurring on or after May 12, 2015.

2.

Reimbursement

(a)

Reimbursement

(1)

In general

The Secretary of Transportation may make a grant to an entity described in section 28103(e)(1)(A) of title 49, United States Code, to provide a reasonable reimbursement to offset any incremental increase in the cost of insurance, if the Secretary determines that the additional cost of insurance is a result of the amendments to that section made by section 1 of this Act.

(2)

Determinations

In determining the amount of a reimbursement under paragraph (1), the Secretary shall consider such factors as the entity's ability to meet the increased costs and impacts on safety and service.

(b)

Authorization of appropriations

There is authorized to be appropriated such sums as are necessary to carry out subsection (a).