-CITE-

49 USC CHAPTER 281 - LAW ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART E - MISCELLANEOUS

CHAPTER 281 - LAW ENFORCEMENT

-HEAD-

CHAPTER 281 - LAW ENFORCEMENT

-MISC1-

Sec.

28101. Rail police officers.

28102. Limit on certain accident or incident liability.

28103. Limitations on rail passenger transportation

liability.

AMENDMENTS

1997 - Pub. L. 105-134, title I, Sec. 161(b), Dec. 2, 1997, 111

Stat. 2578, added item 28103.

1994 - Pub. L. 103-440, title I, Sec. 103(a)(1), (b)(2), Nov. 2,

1994, 108 Stat. 4616, 4619, renumbered chapter 261 of this title as

chapter 281 and items 26101 and 26102 as 28101 and 28102,

respectively.

UNITED STATES-CANADA ALASKA RAIL COMMISSION

Pub. L. 106-570, title III, Dec. 27, 2000, 114 Stat. 3043,

provided that:

"SEC. 301. SHORT TITLE.

"This title may be cited as the 'Rails to Resources Act of 2000'.

"SEC. 302. FINDINGS.

"Congress finds that -

"(1) rail transportation is an essential component of the North

American intermodal transportation system;

"(2) the development of economically strong and socially stable

communities in the western United States and Canada was

encouraged significantly by government policies promoting the

development of integrated transcontinental, interstate and

interprovincial rail systems in the States, territories and

provinces of the two countries;

"(3) United States and Canadian federal support for the

completion of new elements of the transcontinental, interstate

and interprovincial rail systems was halted before rail

connections were established to the State of Alaska and the Yukon

Territory;

"(4) rail transportation in otherwise isolated areas

facilitates controlled access and may reduce overall impact to

environmentally sensitive areas;

"(5) the extension of the continental rail system through

northern British Columbia and the Yukon Territory to the current

terminus of the Alaska Railroad would significantly benefit the

United States and Canadian visitor industries by facilitating the

comfortable movement of passengers over long distances while

minimizing effects on the surrounding areas; and

"(6) ongoing research and development efforts in the rail

industry continue to increase the efficiency of rail

transportation, ensure safety, and decrease the impact of rail

service on the environment.

"SEC. 303. AGREEMENT FOR A UNITED STATES-CANADA BILATERAL

COMMISSION.

"The President is authorized and urged to enter into an agreement

with the Government of Canada to establish an independent joint

commission to study the feasibility and advisability of linking the

rail system in Alaska to the nearest appropriate point on the North

American continental rail system.

"SEC. 304. COMPOSITION OF COMMISSION.

"(a) Membership. -

"(1) Total membership. - The Agreement should provide for the

Commission to be composed of 24 members, of which 12 members are

appointed by the President and 12 members are appointed by the

Government of Canada.

"(2) General qualifications. - The Agreement should provide for

the membership of the Commission, to the maximum extent

practicable, to be representative of -

"(A) the interests of the local communities (including the

governments of the communities), aboriginal peoples, and

businesses that would be affected by the connection of the rail

system in Alaska to the North American continental rail system;

and

"(B) a broad range of expertise in areas of knowledge that

are relevant to the significant issues to be considered by the

Commission, including economics, engineering, management of

resources, social sciences, fish and game management,

environmental sciences, and transportation.

"(b) United States Membership. - If the United States and Canada

enter into an agreement providing for the establishment of the

Commission, the President shall appoint the United States members

of the Commission as follows:

"(1) Two members from among persons who are qualified to

represent the interests of communities and local governments of

Alaska.

"(2) One member representing the State of Alaska, to be

nominated by the Governor of Alaska.

"(3) One member from among persons who are qualified to

represent the interests of Native Alaskans residing in the area

of Alaska that would be affected by the extension of rail

service.

"(4) Three members from among persons involved in commercial

activities in Alaska who are qualified to represent commercial

interests in Alaska, of which one shall be a representative of

the Alaska Railroad Corporation.

"(5) One member representing United States Class I rail

carriers and one member representing United States rail labor.

"(6) Three members with relevant expertise, at least one of

whom shall be an engineer with expertise in subarctic

transportation and at least one of whom shall have expertise on

the environmental impact of such transportation.

"(c) Canadian Membership. - The Agreement should provide for the

Canadian membership of the Commission to be representative of broad

categories of interests of Canada as the Government of Canada

determines appropriate, consistent with subsection (a)(2).

"SEC. 305. GOVERNANCE AND STAFFING OF COMMISSION.

"(a) Chairman. - The Agreement should provide for the Chairman of

the Commission to be elected from among the members of the

Commission by a majority vote of the members.

"(b) Compensation and Expenses of United States Members. -

"(1) Compensation. - Each member of the Commission appointed by

the President who is not an officer or employee of the Federal

Government shall be compensated at a rate equal to the daily

equivalent of the annual rate of basic pay prescribed for level

IV of the Executive Schedule under section 5315 of title 5,

United States Code, for each day (including travel time) during

which such member is engaged in the performance of the duties of

the Commission. Each such member who is an officer or employee of

the United States shall serve without compensation in addition to

that received for services as an officer or employee of the

United States.

"(2) Travel expenses. - The members of the Commission appointed

by the President shall be allowed travel expenses, including per

diem in lieu of subsistence, at rates authorized for employees of

agencies under subchapter I of chapter 57 of title 5, United

States Code, while away from their homes or regular places of

business in the performance of services for the Commission.

"(c) Staff. -

"(1) In general. - The Agreement should provide for the

appointment of a staff and an executive director to be the head

of the staff.

"(2) Compensation. - Funds made available for the Commission by

the United States may be used to pay the compensation of the

executive director and other personnel at rates fixed by the

Commission that are not in excess of the rate payable for level V

of the Executive Schedule under section 5316 of title 5, United

States Code.

"(d) Office. - The Agreement should provide for the office of the

Commission to be located in a mutually agreed location within the

impacted areas of Alaska, the Yukon Territory, and northern British

Columbia.

"(e) Meetings. - The Agreement should provide for the Commission

to meet at least biannually to review progress and to provide

guidance to staff and others, and to hold, in locations within the

affected areas of Alaska, the Yukon Territory and northern British

Columbia, such additional informational or public meetings as the

Commission deems necessary to the conduct of its business.

"(f) Procurement of Services. - The Agreement should authorize

and encourage the Commission to procure by contract, to the maximum

extent practicable, the services (including any temporary and

intermittent services) that the Commission determines necessary for

carrying out the duties of the Commission. In the case of any

contract for the services of an individual, funds made available

for the Commission by the United States may not be used to pay for

the services of the individual at a rate that exceeds the daily

equivalent of the annual rate of basic pay prescribed for level V

of the Executive Schedule under section 5316 of title 5, United

States Code.

"SEC. 306. DUTIES.

"(a) Study. -

"(1) In general. - The Agreement should provide for the

Commission to study and assess, on the basis of all available

relevant information, the feasibility and advisability of linking

the rail system in Alaska to the North American continental rail

system through the continuation of the rail system in Alaska from

its northeastern terminus to a connection with the continental

rail system in Canada.

"(2) Specific issues. - The Agreement should provide for the

study and assessment to include the consideration of the

following issues:

"(A) Railroad engineering.

"(B) Land ownership.

"(C) Geology.

"(D) Proximity to mineral, timber, tourist, and other

resources.

"(E) Market outlook.

"(F) Environmental considerations.

"(G) Social effects, including changes in the use or

availability of natural resources.

"(H) Potential financing mechanisms.

"(3) Route. - The Agreement should provide for the Commission,

upon finding that it is feasible and advisable to link the rail

system in Alaska as described in paragraph (1), to determine one

or more recommended routes for the rail segment that establishes

the linkage, taking into consideration cost, distance, access to

potential freight markets, environmental matters, existing

corridors that are already used for ground transportation, the

route surveyed by the Army Corps of Engineers during World War II

and such other factors as the Commission determines relevant.

"(4) Combined corridor evaluation. - The Agreement should also

provide for the Commission to consider whether it would be

feasible and advisable to combine the power transmission

infrastructure and petroleum product pipelines of other utilities

into one corridor with a rail extension of the rail system of

Alaska.

"(b) Report. - The Agreement should require the Commission to

submit to Congress and the Secretary of Transportation and to the

Minister of Transport of the Government of Canada, not later than 3

years after the Commission commencement date, a report on the

results of the study, including the Commission's findings regarding

the feasibility and advisability of linking the rail system in

Alaska as described in subsection (a)(1) and the Commission's

recommendations regarding the preferred route and any alternative

routes for the rail segment establishing the linkage.

"SEC. 307. COMMENCEMENT AND TERMINATION OF COMMISSION.

"(a) Commencement. - The Agreement should provide for the

Commission to begin to function on the date on which all members

are appointed to the Commission as provided for in the Agreement.

"(b) Termination. - The Commission should be terminated 90 days

after the date on which the Commission submits its report under

section 306.

"SEC. 308. FUNDING.

"(a) Rails to Resources Fund. - The Agreement should provide for

the following:

"(1) Establishment. - The establishment of an interest-bearing

account to be known as the 'Rails to Resources Fund'.

"(2) Contributions. - The contribution by the United States and

the Government of Canada to the Fund of amounts that are

sufficient for the Commission to carry out its duties.

"(3) Availability. - The availability of amounts in the Fund to

pay the costs of Commission activities.

"(4) Dissolution. - Dissolution of the Fund upon the

termination of the Commission and distribution of the amounts

remaining in the Fund between the United States and the

Government of Canada.

"(b) Authorization of Appropriations. - There is authorized to be

appropriated to any fund established for use by the Commission as

described in subsection (a)(1) $6,000,000, to remain available

until expended.

"SEC. 309. DEFINITIONS.

"In this title:

"(1) Agreement. - The term 'Agreement' means an agreement

described in section 303.

"(2) Commission. - The term 'Commission' means a commission

established pursuant to any Agreement."

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 24301 of this title.

-End-

-CITE-

49 USC Sec. 28101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART E - MISCELLANEOUS

CHAPTER 281 - LAW ENFORCEMENT

-HEAD-

Sec. 28101. Rail police officers

-STATUTE-

Under regulations prescribed by the Secretary of Transportation,

a rail police officer who is employed by a rail carrier and

certified or commissioned as a police officer under the laws of a

State may enforce the laws of any jurisdiction in which the rail

carrier owns property, to the extent of the authority of a police

officer certified or commissioned under the laws of that

jurisdiction, to protect -

(1) employees, passengers, or patrons of the rail carrier;

(2) property, equipment, and facilities owned, leased,

operated, or maintained by the rail carrier;

(3) property moving in interstate or foreign commerce in the

possession of the rail carrier; and

(4) personnel, equipment, and material moving by rail that are

vital to the national defense.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 939, Sec.

26101; renumbered Sec. 28101, Pub. L. 103-440, title I, Sec.

103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

26101 45:446. Nov. 29, 1990, Pub. L.

101-647, Sec. 1704, 104

Stat. 4846.

--------------------------------------------------------------------

The words "to the extent of the authority of a police officer

certified or commissioned under the laws of that jurisdiction" are

placed before clause (1) rather than at the end of clause (4), as

in the source provision, to reflect the probable intent of

Congress.

AMENDMENTS

1994 - Pub. L. 103-440 renumbered section 26101 of this title as

this section.

-End-

-CITE-

49 USC Sec. 28102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART E - MISCELLANEOUS

CHAPTER 281 - LAW ENFORCEMENT

-HEAD-

Sec. 28102. Limit on certain accident or incident liability

-STATUTE-

(a) General. - When a publicly financed commuter transportation

authority established under Virginia law makes a contract to

indemnify Amtrak for liability for operations conducted by or for

the authority or to indemnify a rail carrier over whose tracks

those operations are conducted, liability against Amtrak, the

authority, or the carrier for all claims (including punitive

damages) arising from an accident or incident in the District of

Columbia related to those operations may not be more than the

limits of the liability coverage the authority maintains to

indemnify Amtrak or the carrier.

(b) Minimum Required Liability Coverage. - A publicly financed

commuter transportation authority referred to in subsection (a) of

this section must maintain a total minimum liability coverage of at

least $200,000,000.

(c) Effectiveness. - This section is effective only after Amtrak

or a rail carrier seeking an indemnification contract under this

section makes an operating agreement with a publicly financed

commuter transportation authority established under Virginia law to

provide access to its property for revenue transportation related

to the operations of the authority.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 940, Sec.

26102; renumbered Sec. 28102, Pub. L. 103-440, title I, Sec.

103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

26102(a) 45:649(a) (1st Oct. 30, 1970, Pub. L.

sentence). 91-518, 84 Stat. 1327, Sec.

810; added July 6, 1990,

Pub. L. 101-322, Sec. 3, 104

Stat. 295.

26102(b) 45:649(a) (last

sentence).

26102(c) 45:649(b).

--------------------------------------------------------------------

In subsection (a), the words "Notwithstanding any other provision

of law", "whether for compensatory or", and "occurring" are omitted

as surplus.

In subsection (c), the words "an indemnification contract" are

substituted for "coverage" for clarity.

AMENDMENTS

1994 - Pub. L. 103-440 renumbered section 26102 of this title as

this section.

-End-

-CITE-

49 USC Sec. 28103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART E - MISCELLANEOUS

CHAPTER 281 - LAW ENFORCEMENT

-HEAD-

Sec. 28103. Limitations on rail passenger transportation liability

-STATUTE-

(a) Limitations. - (1) Notwithstanding any other statutory or

common law or public policy, or the nature of the conduct giving

rise to damages or liability, in a claim for personal injury to a

passenger, death of a passenger, or damage to property of a

passenger arising from or in connection with the provision of rail

passenger transportation, or from or in connection with any rail

passenger transportation operations over or rail passenger

transportation use of right-of-way or facilities owned, leased, or

maintained by any high-speed railroad authority or operator, any

commuter authority or operator, any rail carrier, or any State,

punitive damages, to the extent permitted by applicable State law,

may be awarded in connection with any such claim only if the

plaintiff establishes by clear and convincing evidence that the

harm that is the subject of the action was the result of conduct

carried out by the defendant with a conscious, flagrant

indifference to the rights or safety of others. If, in any case

wherein death was caused, the law of the place where the act or

omission complained of occurred provides, or has been construed to

provide, for damages only punitive in nature, this paragraph shall

not apply.

(2) The aggregate allowable awards to all rail passengers,

against all defendants, for all claims, including claims for

punitive damages, arising from a single accident or incident, shall

not exceed $200,000,000.

(b) Contractual Obligations. - A provider of rail passenger

transportation may enter into contracts that allocate financial

responsibility for claims.

(c) Mandatory Coverage. - Amtrak shall maintain a total minimum

liability coverage for claims through insurance and self-insurance

of at least $200,000,000 per accident or incident.

(d) Effect on Other Laws. - This section shall not affect the

damages that may be recovered under the Act of April 27, 1908 (45

U.S.C. 51 et seq.; popularly known as the "Federal Employers'

Liability Act") or under any workers compensation Act.

(e) Definition. - For purposes of this section -

(1) the term "claim" means a claim made -

(A) against Amtrak, any high-speed railroad authority or

operator, any commuter authority or operator, any rail carrier,

or any State; or

(B) against an officer, employee, affiliate engaged in

railroad operations, or agent, of Amtrak, any high-speed

railroad authority or operator, any commuter authority or

operator, any rail carrier, or any State;

(2) the term "punitive damages" means damages awarded against

any person or entity to punish or deter such person or entity, or

others, from engaging in similar behavior in the future; and

(3) the term "rail carrier" includes a person providing

excursion, scenic, or museum train service, and an owner or

operator of a privately owned rail passenger car.

-SOURCE-

(Added Pub. L. 105-134, title I, Sec. 161(a), Dec. 2, 1997, 111

Stat. 2577.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Employers' Liability Act, referred to in subsec. (d),

is act Apr. 22, 1908, ch. 149, 35 Stat. 65, as amended, which is

classified generally to chapter 2 (Sec. 51 et seq.) of Title 45,

Railroads. For complete classification of this Act to the Code, see

Short Title note set out under section 51 of Title 45 and Tables.

-End-