49 U.S.C. § 28101 — Rail police officers

Page 743 TITLE 49—TRANSPORTATION § 28101 1 So in original. Probably should be ‘‘officer’’. 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 Alas- ka from its northeastern terminus to a connection with the continental rail system in Canada. ‘‘(2) SPECIFIC ISSUES.—The Agreement should pro- vide for the study and assessment to include the con- sideration 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 ad- visable to link the rail system in Alaska as described in paragraph (1), to determine one or more rec- ommended routes for the rail segment that estab- lishes the linkage, taking into consideration cost, distance, access to potential freight markets, envi- ronmental matters, existing corridors that are al- ready used for ground transportation, the route sur- veyed by the Army Corps of Engineers during World War II and such other factors as the Commission de- termines relevant. ‘‘(4) COMBINED CORRIDOR EVALUATION.—The Agree- ment should also provide for the Commission to con- sider 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 re- sults 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 termi- nated 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 in- terest-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 Commis- sion 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 au- thorized 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.’’ § 28101. Rail police officers (a) IN GENERAL.—Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or con- tracted by a rail carrier and certified or com- missioned 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 cer- tified 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 mov- ing by rail that are vital to the national de- fense. (b) ASSIGNMENT.—A railroad police officer di- rectly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be tempo- rarily assigned to assist a second railroad car- rier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be consid- ered to be an employee or agent, as applicable, of the second railroad carrier and shall have au- thority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a). (c) TRANSFERS.— (1) IN GENERAL.—If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a po- lice officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police offi- cer, not later than 1 year after the date of transfer, shall apply to be certified or commis- sioned as a police office 1 under the laws of the State of new primary employment or resi- dence. (2) INTERIM PERIOD.—During the period be- ginning on the date of transfer and ending 1 year after the date of transfer, a railroad po- lice officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a). (d) TRAINING.— (1) IN GENERAL.—A State may recognize as meeting that State’s basic police officer cer- tification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully com- Page 744 TITLE 49—TRANSPORTATION § 28102 pletes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in- service training academy or Federal law en- forcement training center. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 26101 .......... 45:446. Nov. 29, 1990, Pub. L. 101–647, § 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 re- flect the probable intent of Congress. Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94, § 11412(a)(1), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ in introductory provisions. Subsec. (b). Pub. L. 114–94, § 11412(a)(1), (2), sub- stituted ‘‘directly employed by or contracted by’’ for ‘‘employed by’’ and inserted ‘‘or agent, as applicable,’’ after ‘‘an employee’’. Subsecs. (c), (d). Pub. L. 114–94, § 11412(a)(3), added subsecs. (c) and (d). 2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1994—Pub. L. 103–440 renumbered section 26101 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. REGULATIONS Pub. L. 114–94, div. A, title XI, § 11412(b), Dec. 4, 2015, 129 Stat. 1688, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall revise the regu- lations in part 207 of title 49, Code of Federal Regula- tions (relating to railroad police officers), to permit a railroad to designate an individual, who is commis- sioned in the individual’s State of legal residence or State of primary employment and directly employed by or contracted by a railroad to enforce State laws for the protection of railroad property, personnel, pas- sengers, and cargo, to serve in the States in which the railroad owns property.’’ § 28102. Limit on certain accident or incident li- ability (a) GENERAL.—When a publicly financed com- muter transportation authority established under Virginia law makes a contract to indem- nify Amtrak for liability for operations con- ducted by or for the authority or to indemnify a rail carrier over whose tracks those operations are conducted, liability against Amtrak, the au- thority, 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 lim- its of the liability coverage the authority main- tains 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 liabil- ity 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 es- tablished under Virginia law to provide access to its property for revenue transportation re- lated to the operations of the authority. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 940, § 26102; renumbered § 28102, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 26102(a) ...... 45:649(a) (1st sen- tence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 810; added July 6, 1990, Pub. L. 101–322, § 3, 104 Stat. 295. 26102(b) ...... 45:649(a) (last sen- tence). 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 con- tract’’ are substituted for ‘‘coverage’’ for clarity. Editorial Notes AMENDMENTS 1994—Pub. L. 103–440 renumbered section 26102 of this title as this section. § 28103. Limitations on rail passenger transpor- tation liability (a) LIMITATIONS.—(1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to dam- ages 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 main- tained 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 con- duct carried out by the defendant with a con-