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or replaced a camp car pursuant to subsection (b) and shall 
prohibit the use of any non-compliant camp car. The Sec-
retary may assess civil penalties pursuant to chapter 213 for 
violations of this section.’’. 
TITLE V—RAIL PASSENGER 
DISASTER FAMILY ASSISTANCE 
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY 
BOARD TO FAMILIES OF PASSENGERS INVOLVED 
IN RAIL PASSENGER ACCIDENTS. 
(a) IN GENERAL.—Chapter 11 is amended by adding at 
the end of subchapter III the following: 
‘‘§ 1139. Assistance to families of passengers involved in 
rail passenger accidents 
‘‘(a) IN GENERAL.—As soon as practicable after being 
notified of a rail passenger accident within the United States 
involving a rail passenger carrier and resulting in a major 
loss of life, the Chairman of the National Transportation 
Safety Board shall— 
‘‘(1) designate and publicize the name and phone 
number of a director of family support services who shall 
be an employee of the Board and shall be responsible for 
acting as a point of contact within the Federal Govern-
ment for the families of passengers involved in the acci-
dent and a liaison between the rail passenger carrier and 
the families; and
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‘‘(2) designate an independent nonprofit organiza-
tion, with experience in disasters and post trauma com-
munication with families, which shall have primary re-
sponsibility for coordinating the emotional care and sup-
port of the families of passengers involved in the acci-
dent. 
‘‘(b) RESPONSIBILITIES
OF
THE BOARD.—The Board 
shall have primary Federal responsibility for— 
‘‘(1) facilitating the recovery and identification of 
fatally injured passengers involved in an accident de-
scribed in subsection (a); and 
‘‘(2) communicating with the families of passengers 
involved in the accident as to the roles, with respect to 
the accident and the post-accident activities, of— 
‘‘(A) the organization designated for an acci-
dent under subsection (a)(2); 
‘‘(B) Government agencies; and 
‘‘(C) the rail passenger carrier involved. 
‘‘(c) RESPONSIBILITIES
OF
DESIGNATED
ORGANIZA-
TION.—The organization designated for an accident under 
subsection (a)(2) shall have the following responsibilities with 
respect to the families of passengers involved in the accident: 
‘‘(1) To provide mental health and counseling serv-
ices, in coordination with the disaster response team of 
the rail passenger carrier involved.
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•HRES 1492 EH 
‘‘(2) To take such actions as may be necessary to 
provide an environment in which the families may grieve 
in private. 
‘‘(3) To meet with the families who have traveled to 
the location of the accident, to contact the families un-
able to travel to such location, and to contact all affected 
families periodically thereafter until such time as the or-
ganization, in consultation with the director of family 
support services designated for the accident under sub-
section (a)(1), determines that further assistance is no 
longer needed. 
‘‘(4) To arrange a suitable memorial service, in con-
sultation with the families. 
‘‘(d) PASSENGER LISTS.— 
‘‘(1) REQUESTS FOR PASSENGER LISTS.— 
‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUP-
PORT SERVICES.—It shall be the responsibility of 
the director of family support services designated 
for an accident under subsection (a)(1) to request, 
as soon as practicable, from the rail passenger car-
rier involved in the accident a list, which is based 
on the best available information at the time of the 
request, of the names of the passengers that were 
aboard the rail passenger carrier’s train involved in 
the accident. A rail passenger carrier shall use rea-
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•HRES 1492 EH 
sonable efforts, with respect to its unreserved 
trains, and passengers not holding reservations on 
its other trains, to ascertain the names of pas-
sengers aboard a train involved in an accident. 
‘‘(B) REQUESTS
BY
DESIGNATED
ORGANIZA-
TION.—The organization designated for an accident 
under subsection (a)(2) may request from the rail 
passenger carrier involved in the accident a list de-
scribed in subparagraph (A). 
‘‘(2) USE OF INFORMATION.—Except as provided in 
subsection (k), the director of family support services 
and the organization may not release to any person in-
formation on a list obtained under paragraph (1) but 
may provide information on the list about a passenger 
to the family of the passenger to the extent that the di-
rector of family support services or the organization con-
siders appropriate. 
‘‘(e) CONTINUING RESPONSIBILITIES OF THE BOARD.— 
In the course of its investigation of an accident described in 
subsection (a), the Board shall, to the maximum extent prac-
ticable, ensure that the families of passengers involved in the 
accident— 
‘‘(1) are briefed, prior to any public briefing, about 
the accident and any other findings from the investiga-
tion; and
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‘‘(2) are individually informed of and allowed to at-
tend any public hearings and meetings of the Board 
about the accident. 
‘‘(f) USE OF RAIL PASSENGER CARRIER RESOURCES.— 
To the extent practicable, the organization designated for an 
accident under subsection (a)(2) shall coordinate its activities 
with the rail passenger carrier involved in the accident to fa-
cilitate the reasonable use of the resources of the carrier. 
‘‘(g) PROHIBITED ACTIONS.— 
‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No person 
(including a State or political subdivision thereof) may 
impede the ability of the Board (including the director 
of family support services designated for an accident 
under subsection (a)(1)), or an organization designated 
for an accident under subsection (a)(2), to carry out its 
responsibilities under this section or the ability of the 
families of passengers involved in the accident to have 
contact with one another. 
‘‘(2) UNSOLICITED COMMUNICATIONS.—No unsolic-
ited communication concerning a potential action or set-
tlement offer for personal injury or wrongful death may 
be made by an attorney (including any associate, agent, 
employee, or other representative of an attorney) or any 
potential party to the litigation, including the railroad 
carrier or rail passenger carrier, to an individual (other
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•HRES 1492 EH 
than an employee of the rail passenger carrier) injured 
in the accident, or to a relative of an individual involved 
in the accident, before the 45th day following the date 
of the accident. 
‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MEN-
TAL HEALTH AND COUNSELING SERVICES.—No State or 
political subdivision thereof may prevent the employees, 
agents, or volunteers of an organization designated for 
an accident under subsection (a)(2) from providing men-
tal health and counseling services under subsection 
(c)(1) in the 30-day period beginning on the date of the 
accident. The director of family support services des-
ignated for the accident under subsection (a)(1) may ex-
tend such period for not to exceed an additional 30 days 
if the director determines that the extension is necessary 
to meet the needs of the families and if State and local 
authorities are notified of the determination. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail 
passenger accident’ means any rail passenger disaster 
resulting in a major loss of life occurring in the provision 
of— 
‘‘(A) interstate intercity rail passenger trans-
portation (as such term is defined in section 
24102); or
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‘‘(B) interstate or intrastate high-speed rail (as 
such term is defined in section 26105) transpor-
tation, 
regardless of its cause or suspected cause. 
‘‘(2) RAIL
PASSENGER
CARRIER.—The term ‘rail 
passenger carrier’ means a rail carrier providing— 
‘‘(A) interstate intercity rail passenger trans-
portation (as such term is defined in section 
24102); or 
‘‘(B) interstate or intrastate high-speed rail (as 
such term is defined in section 26105) transpor-
tation, 
except that such term does not include a tourist, his-
toric, scenic, or excursion rail carrier. 
‘‘(3) PASSENGER.—The term ‘passenger’ includes— 
‘‘(A) an employee of a rail passenger carrier 
aboard a train; 
‘‘(B) any other person aboard the train without 
regard to whether the person paid for the transpor-
tation, occupied a seat, or held a reservation for the 
rail transportation; and 
‘‘(C) any other person injured or killed in a 
rail passenger accident, as determined appropriate 
by the Board.
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•HRES 1492 EH 
‘‘(i) LIMITATION
ON
STATUTORY
CONSTRUCTION.— 
Nothing in this section may be construed as limiting the ac-
tions that a rail passenger carrier may take, or the obliga-
tions that a rail passenger carrier may have, in providing as-
sistance to the families of passengers involved in a rail pas-
senger accident. 
‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.— 
‘‘(1) GENERAL
RULE.—This section (other than 
subsection (g)) shall not apply to a railroad passenger 
accident if the Board has relinquished investigative pri-
ority under section 1131(a)(2)(B) and the Federal agen-
cy to which the Board relinquished investigative priority 
is willing and able to provide assistance to the victims 
and families of the passengers involved in the accident. 
‘‘(2) BOARD ASSISTANCE.—If this section does not 
apply to a railroad passenger accident because the Board 
has relinquished investigative priority with respect to the 
accident, the Board shall assist, to the maximum extent 
possible, the agency to which the Board has relinquished 
investigative priority in assisting families with respect to 
the accident. 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall be 
construed to abridge the authority of the Board or the Sec-
retary of Transportation to investigate the causes or cir-
cumstances of any rail accident, including development of in-
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•HRES 1492 EH 
formation regarding the nature of injuries sustained and the 
manner in which they were sustained for the purposes of de-
termining compliance with existing laws and regulations or 
for identifying means of preventing similar injuries in the fu-
ture, or both.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 11 is amended by inserting after the item relating 
to section 1138 the following: 
‘‘1139. Assistance to families of passengers involved in rail passenger acci-
dents.’’. 
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES 
OF PASSENGERS INVOLVED IN RAIL PASSENGER 
ACCIDENTS. 
(a) IN GENERAL.—Chapter 243 is amended by adding 
at the end the following: 
‘‘§ 24316. Plans to address needs of families of passengers 
involved in rail passenger accidents 
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months 
after the date of the enactment of the Rail Safety Improve-
ment Act of 2008, a rail passenger carrier shall submit to the 
Chairman of the National Transportation Safety Board, the 
Secretary of Transportation, and the Secretary of Homeland 
Security a plan for addressing the needs of the families of 
passengers involved in any rail passenger accident involving 
a rail passenger carrier intercity train and resulting in a 
major loss of life.
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•HRES 1492 EH 
‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by 
a rail passenger carrier under subsection (a) shall include, at 
a minimum, the following: 
‘‘(1) A process by which a rail passenger carrier will 
maintain and provide to the National Transportation 
Safety Board, the Secretary of Transportation, and the 
Secretary of Homeland Security immediately upon re-
quest, a list (which is based on the best available infor-
mation at the time of the request) of the names of the 
passengers aboard the train (whether or not such names 
have been verified), and will periodically update the list. 
The plan shall include a procedure, with respect to unre-
served trains and passengers not holding reservations on 
other trains, for the rail passenger carrier to use reason-
able efforts to ascertain the names of passengers aboard 
a train involved in an accident. 
‘‘(2) A process for notifying the families of the pas-
sengers, before providing any public notice of the names 
of the passengers, either by utilizing the services of the 
organization designated for the accident under section 
1139(a)(2) of this title or the services of other suitably 
trained individuals. 
‘‘(3) A plan for creating and publicizing a reliable, 
toll-free telephone number within 4 hours after such an
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•HRES 1492 EH 
accident occurs, and for providing staff, to handle calls 
from the families of the passengers. 
‘‘(4) A process for providing the notice described in 
paragraph (2) to the family of a passenger as soon as 
the rail passenger carrier has verified that the passenger 
was aboard the train (whether or not the names of all 
of the passengers have been verified). 
‘‘(5) An assurance that, upon request of the family 
of a passenger, the rail passenger carrier will inform the 
family of whether the passenger’s name appeared on any 
preliminary passenger manifest for the train involved in 
the accident. 
‘‘(6) A process by which the family of each pas-
senger will be consulted about the disposition of all re-
mains and personal effects of the passenger within the 
control of the rail passenger carrier and by which any 
possession of the passenger within the control of the rail 
passenger carrier (regardless of its condition)— 
‘‘(A) will be retained by the rail passenger car-
rier for at least 18 months; and 
‘‘(B) will be returned to the family unless the 
possession is needed for the accident investigation 
or any criminal investigation.
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•HRES 1492 EH 
‘‘(7) A process by which the treatment of the fami-
lies of nonrevenue passengers will be the same as the 
treatment of the families of revenue passengers. 
‘‘(8) An assurance that the rail passenger carrier 
will provide adequate training to the employees and 
agents of the carrier to meet the needs of survivors and 
family members following an accident. 
‘‘(9) An assurance that the family of each pas-
senger or other person killed in the accident will be con-
sulted about construction by the rail passenger carrier of 
any monument to the passengers, including any inscrip-
tion on the monument. 
‘‘(10) An assurance that the rail passenger carrier 
will work with any organization designated under section 
1139(a)(2) of this title on an ongoing basis to ensure 
that families of passengers receive an appropriate level 
of services and assistance following each accident. 
‘‘(11) An assurance that the rail passenger carrier 
will provide reasonable compensation to any organization 
designated under section 1139(a)(2) of this title for 
services provided by the organization. 
‘‘(c) USE
OF
INFORMATION.—Neither the National 
Transportation Safety Board, the Secretary of Transpor-
tation, the Secretary of Homeland Security, nor a rail pas-
senger carrier may release to the public any personal infor-
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•HRES 1492 EH 
mation on a list obtained under subsection (b)(1), but may 
provide information on the list about a passenger to the pas-
senger’s family members to the extent that the Board or a 
rail passenger carrier considers appropriate. 
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in this 
section may be construed as limiting the actions that a 
rail passenger carrier may take, or the obligations that 
a rail passenger carrier may have, in providing assist-
ance to the families of passengers involved in a rail pas-
senger accident. 
‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD AND 
SECRETARY.—Nothing in this section shall be construed 
to abridge the authority of the Board or the Secretary 
of Transportation to investigate the causes or cir-
cumstances of any rail accident, including the develop-
ment of information regarding the nature of injuries sus-
tained and the manner in which they were sustained, for 
the purpose of determining compliance with existing laws 
and regulations or identifying means of preventing simi-
lar injuries in the future. 
‘‘(e) LIMITATION ON LIABILITY.—A rail passenger car-
rier shall not be liable for damages in any action brought in 
a Federal or State court arising out of the performance of 
the rail passenger carrier in preparing or providing a pas-
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•HRES 1492 EH 
senger list, or in providing information concerning a train 
reservation, pursuant to a plan submitted by the rail pas-
senger carrier under subsection (b), unless such liability was 
caused by conduct of the rail passenger carrier which was 
grossly negligent or which constituted intentional misconduct. 
‘‘(f) DEFINITIONS.—In this section, the terms ‘pas-
senger’ and ‘rail passenger accident’ have the meaning given 
those terms by section 1139 of this title. 
‘‘(g) FUNDING.—Out of funds appropriated pursuant to 
section 20117(a)(1)(A), there shall be made available to the 
Secretary of Transportation $500,000 for fiscal year 2010 to 
carry out this section. Amounts made available pursuant to 
this subsection shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 243 is amended by inserting after the item relat-
ing to section 24315 the following: 
‘‘24316.Plan to assist families of passengers involved in rail passenger acci-
dents.’’. 
SEC. 503. ESTABLISHMENT OF TASK FORCE. 
(a) ESTABLISHMENT.—The Secretary, in cooperation 
with the National Transportation Safety Board, organizations 
potentially designated under section 1139(a)(2) of title 49, 
United States Code, rail passenger carriers (as defined in sec-
tion 1139(h)(2) of title 49, United States Code), and families 
which have been involved in rail accidents, shall establish a 
task force consisting of representatives of such entities and
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•HRES 1492 EH 
families, representatives of rail passenger carrier employees, 
and representatives of such other entities as the Secretary 
considers appropriate. 
(b) MODEL PLAN AND RECOMMENDATIONS.—The task 
force established pursuant to subsection (a) shall develop— 
(1) a model plan to assist rail passenger carriers in 
responding to passenger rail accidents; 
(2) recommendations on methods to improve the 
timeliness of the notification provided by passenger rail 
carriers to the families of passengers involved in a pas-
senger rail accident; 
(3) recommendations on methods to ensure that the 
families of passengers involved in a passenger rail acci-
dent who are not citizens of the United States receive 
appropriate assistance; and 
(4) recommendations on methods to ensure that 
emergency services personnel have as immediate and ac-
curate a count of the number of passengers onboard the 
train as possible. 
(c) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit a report 
to the House of Representatives Committee on Transpor-
tation and Infrastructure and the Senate Committee on Com-
merce, Science, and Transportation containing the model
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•HRES 1492 EH 
plan and recommendations developed by the task force under 
subsection (b). 
TITLE VI—CLARIFICATION OF FED-
ERAL 
JURISDICTION 
OVER 
SOLID WASTE FACILITIES 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Clean Railroads Act of 
2008’’. 
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER 
SOLID WASTE TRANSFER FACILITIES. 
Section 10501(c)(2) is amended to read as follows: 
‘‘(2) Except as provided in paragraph (3), the Board 
does not have jurisdiction under this part over— 
‘‘(A) mass transportation provided by a local gov-
ernment authority; or 
‘‘(B) a solid waste rail transfer facility as defined 
in section 10908 of this title, except as provided under 
sections 10908 and 10909 of this title.’’. 
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FA-
CILITIES. 
(a) IN GENERAL.—Chapter 109 is amended by adding 
at the end thereof the following: 
‘‘§ 10908. Regulation of solid waste rail transfer facilities 
‘‘(a) IN GENERAL.—Each solid waste rail transfer facil-
ity shall be subject to and shall comply with all applicable
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•HRES 1492 EH 
Federal and State requirements, both substantive and proce-
dural, including judicial and administrative orders and fines, 
respecting the prevention and abatement of pollution, the 
protection and restoration of the environment, and the pro-
tection of public health and safety, including laws governing 
solid waste, to the same extent as required for any similar 
solid waste management facility, as defined in section 
1004(29) of the Solid Waste Disposal Act (42 U.S.C. 
6903(29)) that is not owned or operated by or on behalf of 
a rail carrier, except as provided for in section 10909 of this 
chapter. 
‘‘(b) EXISTING FACILITIES.— 
‘‘(1) STATE
LAWS
AND
STANDARDS.—Not later 
than 90 days after the date of enactment of the Clean 
Railroads Act of 2008, a solid waste rail transfer facility 
operating as of such date of enactment shall comply with 
all Federal and State requirements pursuant to sub-
section (a) other than those provisions requiring permits. 
‘‘(2) PERMIT REQUIREMENTS.— 
‘‘(A) STATE NON-SITING PERMITS.—Any solid 
waste rail transfer facility operating as of the date 
of enactment of the Clean Railroads Act of 2008 
that does not possess a permit required pursuant to 
subsection (a), other than a siting permit for the fa-
cility, as of the date of enactment of the Clean Rail-
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•HRES 1492 EH 
roads Act of 2008 shall not be required to possess 
any such permits in order to operate the facility— 
‘‘(i) if, within 180 days after such date of 
enactment, the solid waste rail transfer facility 
has submitted, in good faith, a complete appli-
cation for all permits, except siting permits, re-
quired pursuant to subsection (a) to the appro-
priate permitting agency authorized to grant 
such permits; and 
‘‘(ii) until the permitting agency has ei-
ther approved or denied the solid waste rail 
transfer facility’s application for each permit. 
‘‘(B) SITING PERMITS AND REQUIREMENTS.— 
A solid waste rail transfer facility operating as of 
the date of enactment of the Clean Railroads Act of 
2008 that does not possess a State siting permit re-
quired pursuant to subsection (a) as of such date 
of enactment shall not be required to possess any 
siting permit to continue to operate or comply with 
any State land use requirements. The Governor of 
a State in which the facility is located, or his or her 
designee, may petition the Board to require the fa-
cility to apply for a land-use exemption pursuant to 
section 10909 of this chapter. The Board shall ac-
cept the petition, and the facility shall be required
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•HRES 1492 EH 
to have a Board-issued land-use exemption in order 
to continue to operate, pursuant to section 10909 of 
this chapter. 
‘‘(c) COMMON CARRIER OBLIGATION.—No prospective or 
current rail carrier customer may demand solid waste rail 
transfer service from a rail carrier at a solid waste rail trans-
fer facility that does not already possess the necessary Fed-
eral land-use exemption and State permits at the location 
where service is requested. 
‘‘(d) NON-WASTE COMMODITIES.—Nothing in this sec-
tion or section 10909 of this chapter shall affect a rail car-
rier’s ability to conduct transportation-related activities with 
respect to commodities other than solid waste. 
‘‘(e) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section: 
‘‘(A) COMMERCIAL AND RETAIL WASTE.—The 
term ‘commercial and retail waste’ means material 
discarded by stores, offices, restaurants, ware-
houses, nonmanufacturing activities at industrial fa-
cilities, and other similar establishments or facili-
ties. 
‘‘(B) CONSTRUCTION
AND
DEMOLITION
DE-
BRIS.—The term ‘construction and demolition de-
bris’ means waste building materials, packaging, 
and rubble resulting from construction, remodeling,
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•HRES 1492 EH 
repair, and demolition operations on pavements, 
houses, commercial buildings, and other structures. 
‘‘(C) HOUSEHOLD WASTE.—The term ‘house-
hold waste’ means material discarded by residential 
dwellings, hotels, motels, and other similar perma-
nent or temporary housing establishments or facili-
ties. 
‘‘(D) INDUSTRIAL WASTE.—The term ‘indus-
trial waste’ means the solid waste generated by 
manufacturing and industrial and research and de-
velopment processes and operations, including con-
taminated soil, nonhazardous oil spill cleanup waste 
and dry nonhazardous pesticides and chemical 
waste, but does not include hazardous waste regu-
lated under subtitle C of the Solid Waste Disposal 
Act (42 U.S.C. 6921 et seq.), mining or oil and gas 
waste. 
‘‘(E) INSTITUTIONAL WASTE.—The term ‘insti-
tutional waste’ means material discarded by schools, 
nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons 
and government facilities, and material discarded by 
other similar establishments or facilities. 
‘‘(F) MUNICIPAL
SOLID
WASTE.—The term 
‘municipal solid waste’ means—
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‘‘(i) household waste; 
‘‘(ii) commercial and retail waste; and 
‘‘(iii) institutional waste. 
‘‘(G) SOLID
WASTE.—With the exception of 
waste generated by a rail carrier during track, track 
structure, or right-of-way construction, mainte-
nance, or repair (including railroad ties and line- 
side poles) or waste generated as a result of a rail-
road accident, incident, or derailment, the term 
‘solid waste’ means— 
‘‘(i) construction and demolition debris; 
‘‘(ii) municipal solid waste; 
‘‘(iii) household waste; 
‘‘(iv) commercial and retail waste; 
‘‘(v) institutional waste; 
‘‘(vi) sludge; 
‘‘(vii) industrial waste; and 
‘‘(viii) other solid waste, as determined 
appropriate by the Board. 
‘‘(H) SOLID
WASTE
RAIL
TRANSFER
FACIL-
ITY.—The term ‘solid waste rail transfer facility’— 
‘‘(i) means the portion of a facility owned 
or operated by or on behalf of a rail carrier (as 
defined in section 10102 of this title) where 
solid waste, as a commodity to be transported
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•HRES 1492 EH 
for a charge, is collected, stored, separated, 
processed, treated, managed, disposed of, or 
transferred, when the activity takes place out-
side of original shipping containers; but 
‘‘(ii) does not include— 
‘‘(I) the portion of a facility to the 
extent that activities taking place at such 
portion are comprised solely of the rail-
road transportation of solid waste after 
the solid waste is loaded for shipment on 
or in a rail car, including railroad trans-
portation for the purpose of interchanging 
railroad cars containing solid waste ship-
ments; or 
‘‘(II) a facility where solid waste is 
solely transferred or transloaded from a 
tank truck directly to a rail tank car. 
‘‘(I) SLUDGE.—The term ‘sludge’ means any 
solid, semi-solid or liquid waste generated from a 
municipal, commercial, or industrial wastewater 
treatment plant, water supply treatment plant, or 
air pollution control facility exclusive of the treated 
effluent from a wastewater treatment plant.
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•HRES 1492 EH 
‘‘(2) 
EXCEPTIONS.—Notwithstanding 
paragraph 
(1), the terms ‘household waste’, ‘commercial and retail 
waste’, and ‘institutional waste’ do not include— 
‘‘(A) yard waste and refuse-derived fuel; 
‘‘(B) used oil; 
‘‘(C) wood pallets; 
‘‘(D) clean wood; 
‘‘(E) medical or infectious waste; or 
‘‘(F) motor vehicles (including motor vehicle 
parts or vehicle fluff). 
‘‘(3) STATE REQUIREMENTS.—In this section the 
term ‘State requirements’ does not include the laws, reg-
ulations, ordinances, orders, or other requirements of a 
political subdivision of a State, including a locality or 
municipality, unless a State expressly delegates such au-
thority to such political subdivision.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109 is amended by inserting after the item relat-
ing to section 10907 the following: 
‘‘10908. Regulation of solid waste rail transfer facilities.’’. 
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE 
EXEMPTION AUTHORITY. 
(a) IN GENERAL.—Chapter 109 is further amended by 
adding at the end thereof the following:
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•HRES 1492 EH 
‘‘§ 10909. Solid waste rail transfer facility land-use ex-
emption 
‘‘(a) AUTHORITY.—The Board may issue a land-use ex-
emption for a solid waste rail transfer facility that is or is 
proposed to be operated by or on behalf of a rail carrier if— 
‘‘(1) the Board finds that a State, local, or munic-
ipal law, regulation, order, or other requirement affect-
ing the siting of such facility unreasonably burdens the 
interstate transportation of solid waste by railroad, dis-
criminates against the railroad transportation of solid 
waste and a solid waste rail transfer facility, or a rail 
carrier that owns or operates such a facility petitions the 
Board for such an exemption; or 
‘‘(2) the Governor of a State in which a facility that 
is operating as of the date of enactment of the Clean 
Railroads Act of 2008 is located, or his or her designee, 
petitions the Board to initiate a permit proceeding for 
that particular facility. 
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later 
than 90 days after the date of enactment of the Clean Rail-
road Act of 2008, the Board shall publish procedures gov-
erning the submission and review of applications for solid 
waste rail transfer facility land-use exemptions. At a min-
imum, the procedures shall address— 
‘‘(1) the information that each application should 
contain to explain how the solid waste rail transfer facil-
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•HRES 1492 EH 
ity will not pose an unreasonable risk to public health, 
safety, or the environment; 
‘‘(2) the opportunity for public notice and comment 
including notification of the municipality, the State, and 
any relevant Federal or State regional planning entity in 
the jurisdiction of which the solid waste rail transfer fa-
cility is proposed to be located; 
‘‘(3) the timeline for Board review, including a re-
quirement that the Board approve or deny an exemption 
within 90 days after the full record for the application 
is developed; 
‘‘(4) the expedited review timelines for petitions for 
modifications, amendments, or revocations of granted ex-
emptions; 
‘‘(5) the process for a State to petition the Board 
to require a solid waste transfer facility or a rail carrier 
that owns or operates such a facility to apply for a siting 
permit; and 
‘‘(6) the process for a solid waste transfer facility 
or a rail carrier that owns or operates such a facility to 
petition the Board for a land-use exemption. 
‘‘(c) STANDARD FOR REVIEW.— 
‘‘(1) The Board may only issue a land-use exemp-
tion if it determines that the facility at the existing or 
proposed location does not pose an unreasonable risk to
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public health, safety, or the environment. In deciding 
whether a solid waste rail transfer facility that is or pro-
posed to be constructed or operated by or on behalf of 
a rail carrier poses an unreasonable risk to public health, 
safety, or the environment, the Board shall weigh the 
particular facility’s potential benefits to and the adverse 
impacts on public health, public safety, the environment, 
interstate commerce, and transportation of solid waste 
by rail. 
‘‘(2) The Board may not grant a land-use exemp-
tion for a solid waste rail transfer facility proposed to 
be located on land within any unit of or land affiliated 
with the National Park System, the National Wildlife 
Refuge System, the National Wilderness Preservation 
System, the National Trails System, the National Wild 
and Scenic Rivers System, a National Reserve, a Na-
tional Monument, or lands referenced in Public Law 
108–421 for which a State has implemented a conserva-
tion management plan, if operation of the facility would 
be inconsistent with restrictions placed on such land. 
‘‘(d) CONSIDERATIONS.—When evaluating an application 
under this section, the Board shall consider and give due 
weight to the following, as applicable: 
‘‘(1) the land-use, zoning, and siting regulations or 
solid waste planning requirements of the State or State
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subdivision in which the facility is or will be located that 
are applicable to solid waste transfer facilities, including 
those that are not owned or operated by or on behalf of 
a rail carrier; 
‘‘(2) the land-use, zoning, and siting regulations or 
solid waste planning requirements applicable to the prop-
erty where the solid waste rail transfer facility is pro-
posed to be located; 
‘‘(3) regional transportation planning requirements 
developed pursuant to Federal and State law; 
‘‘(4) regional solid waste disposal plans developed 
pursuant to State or Federal law; 
‘‘(5) any Federal and State environmental protec-
tion laws or regulations applicable to the site; 
‘‘(6) any unreasonable burdens imposed on the 
interstate transportation of solid waste by railroad, or 
the potential for discrimination against the railroad 
transportation of solid waste, a solid waste rail transfer 
facility, or a rail carrier that owns or operates such a 
facility; and 
‘‘(7) any other relevant factors, as determined by 
the Board. 
‘‘(e) EXISTING FACILITIES.—Upon the granting of peti-
tion from the State in which a solid waste rail transfer facil-
ity is operating as of the date of enactment of the Clean Rail-
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roads Act of 2008 by the Board, the facility shall submit a 
complete application for a siting permit to the Board pursu-
ant to the procedures issued pursuant to subsection (b). No 
State may enforce a law, regulation, order, or other require-
ment affecting the siting of a facility that is operating as of 
the date of enactment of the Clean Railroads Act of 2008 
until the Board has approved or denied a permit pursuant to 
subsection (c). 
‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board 
grants a land-use exemption to a solid waste rail transfer fa-
cility, all State laws, regulations, orders, or other require-
ments affecting the siting of a facility are preempted with re-
gard to that facility. An exemption may require compliance 
with such State laws, regulations, orders, or other require-
ments. 
‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section pre-
cludes a person from seeking an injunction to enjoin a solid 
waste rail transfer facility from being constructed or operated 
by or on behalf of a rail carrier if that facility has materially 
violated, or will materially violate, its land-use exemption or 
if it failed to receive a valid land-use exemption under this 
section. 
‘‘(h) FEES.—The Board may charge permit applicants 
reasonable fees to implement this section, including the costs 
of third-party consultants.
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‘‘(i) DEFINITIONS.—In this section the terms ‘solid 
waste’, ‘solid waste rail transfer facility’, and ‘State require-
ments’ have the meaning given such terms in section 
10908(e).’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109, as amended by section 603 of this division, 
is amended by inserting after the item relating to section 
10908 the following: 
‘‘10909. Solid waste rail transfer facility land-use exemption.’’. 
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES. 
(a) IN GENERAL.—Chapter 109, as amended by section 
604, is further amended by adding at the end thereof the fol-
lowing: 
‘‘§ 10910. Effect on other statutes and authorities 
‘‘Nothing in section 10908 or 10909 is intended to af-
fect the traditional police powers of the State to require a rail 
carrier to comply with State and local environmental, public 
health, and public safety standards that are not unreasonably 
burdensome to interstate commerce and do not discriminate 
against rail carriers.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109, as amended by section 604 of this division, 
is amended by inserting after the item relating to section 
10909 the following: 
‘‘10910. Effect on other statutes and authorities.’’.
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TITLE VII—TECHNICAL 
CORRECTIONS 
SEC. 701. TECHNICAL CORRECTIONS. 
(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 
22106 is amended— 
(1) by striking the second sentence of subsection 
(a); 
(2) by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT 
INTEREST RECOVERIES.—The State shall place the United 
States Government’s share of money that is repaid and any 
contingent interest that is recovered in an interest-bearing ac-
count. The repaid money, contingent interest, and any inter-
est thereof shall be considered to be State funds. The State 
shall use such funds to make other grants and loans, con-
sistent with the purposes for which financial assistance may 
be used under subsection (a), as the State considers to be ap-
propriate.’’; and 
(3) by striking subsections (c) and (e) and redesig-
nating subsection (d) as subsection (c). 
(b) GRANTS FOR CLASS II AND III RAILROADS.—Sec-
tion 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and in-
serting ‘‘or’’.
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(c) RAIL
TRANSPORTATION
OF
RENEWABLE
FUEL 
STUDY.—Section 245(a)(1) of the Energy Independence and 
Security Act of 2007 is amended by striking ‘‘Secretary, in 
coordination with the Secretary of Transportation,’’ and in-
serting ‘‘Secretary and the Secretary of Transportation’’. 
(d) MOTOR CARRIER DEFINITION.— 
Section 14504a is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by 
inserting ‘‘(except as provided in paragraph (5))’’ 
after ‘‘14506’’; 
(B) in paragraph (1), by striking subparagraph 
(A) and inserting the following: 
‘‘(A) IN GENERAL.—Except as provided in sub-
paragraph (B), the term ‘commercial motor vehi-
cle’— 
‘‘(i) for calendar years 2008 and 2009, 
has the meaning given the term in section 
31101; and 
‘‘(ii) for years beginning after December 
31, 2009, means a self-propelled vehicle de-
scribed in section 31101.’’; and 
(C) by striking paragraph (5) and inserting the 
following: 
‘‘(5) MOTOR CARRIER.—
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‘‘(A) THIS SECTION.—In this section: 
‘‘(i) IN GENERAL.—The term ‘motor car-
rier’ includes all carriers that are otherwise ex-
empt from this part— 
‘‘(I) under subchapter I of chapter 
135; or 
‘‘(II) through exemption actions by 
the former Interstate Commerce Commis-
sion under this title. 
‘‘(ii) EXCLUSIONS.—In this section, the 
term ‘motor carrier’ does not include— 
‘‘(I) any carrier subject to section 
13504; or 
‘‘(II) any other carrier that the board 
of directors of the unified carrier registra-
tion plan determines to be appropriate 
pursuant to subsection (d)(4)(C). 
‘‘(B) SECTION 14506.—In section 14506, the 
term ‘motor carrier’ includes all carriers that are 
otherwise exempt from this part— 
‘‘(i) under subchapter I of chapter 135; or 
‘‘(ii) through exemption actions by the 
former Interstate Commerce Commission under 
this title.’’; and
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(2) in subsection (d)(4)(C), by inserting before the 
period at the end the following: ‘‘, except that a decision 
to approve the exclusion of carriers from the definition 
of the term ‘motor carrier’ under subsection (a)(5) shall 
require an affirmative vote of 3⁄4 of all such directors.’’. 
(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822(g)(1)) is amended by striking ‘‘25 
years’’ and inserting ‘‘35 years’’. 
DIVISION B—AMTRAK 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Passenger Rail Investment and Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of title 49, United States Code. 
Sec. 3. Definition. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Authorization for Amtrak capital and operating expenses. 
Sec. 102. Repayment of long-term debt and capital leases. 
Sec. 103. Authorization for the Federal Railroad Administration. 
TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS 
Sec. 201. National railroad passenger transportation system defined. 
Sec. 202. Amtrak board of directors. 
Sec. 203. Establishment of improved financial accounting system. 
Sec. 204. Development of 5-year financial plan. 
Sec. 205. Restructuring long-term debt and capital leases. 
Sec. 206. Establishment of grant process. 
Sec. 207. Metrics and standards. 
Sec. 208. Methodologies for Amtrak route and service planning decisions. 
Sec. 209. State-supported routes. 
Sec. 210. Long-distance routes. 
Sec. 211. Northeast Corridor state-of-good-repair plan.
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Sec. 212. Northeast Corridor infrastructure and operations improvements. 
Sec. 213. Passenger train performance. 
Sec. 214. Alternate passenger rail service pilot program. 
Sec. 215. Employee transition assistance. 
Sec. 216. Special passenger trains. 
Sec. 217. Access to Amtrak equipment and services. 
Sec. 218. General Amtrak provisions. 
Sec. 219. Study of compliance requirements at existing intercity rail stations. 
Sec. 220. Oversight of Amtrak’s compliance with accessibility requirements. 
Sec. 221. Amtrak management accountability. 
Sec. 222. On-board service improvements. 
Sec. 223. Incentive pay. 
Sec. 224. Passenger rail service studies. 
Sec. 225. Report on service delays on certain passenger rail routes. 
Sec. 226. Plan for restoration of service. 
Sec. 227. Maintenance and repair facility utilization study. 
Sec. 228. Sense of the Congress regarding the need to maintain Amtrak as a 
national passenger rail system. 
TITLE III—INTERCITY PASSENGER RAIL POLICY 
Sec. 301. Capital assistance for intercity passenger rail service. 
Sec. 302. Congestion grants. 
Sec. 303. State rail plans. 
Sec. 304. Tunnel project. 
Sec. 305. Next generation corridor train equipment pool. 
Sec. 306. Rail cooperative research program. 
Sec. 307. Federal rail policy. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Commuter rail mediation. 
Sec. 402. Routing efficiency discussions with Amtrak. 
Sec. 403. Sense of Congress regarding commuter rail expansion. 
Sec. 404. Locomotive biofuel study. 
Sec. 405. Study of the use of biobased technologies. 
Sec. 406. Cross-border passenger rail service. 
Sec. 407. Historic preservation of railroads. 
TITLE V—HIGH-SPEED RAIL 
Sec. 501. High-speed rail corridor program. 
Sec. 502. Additional high-speed rail projects. 
TITLE VI—CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS 
FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
Sec. 601. Authorization for capital and preventive maintenance projects for 
Washington Metropolitan Area Transit Authority. 
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in 
this division an amendment is expressed in terms of an
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amendment to a section or other provision of law, the ref-
erence shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 3. DEFINITION. 
In this division, the term ‘‘Secretary’’ means the Sec-
retary of Transportation. 
TITLE I—AUTHORIZATIONS 
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPER-
ATING EXPENSES. 
(a) OPERATING GRANTS.—There are authorized to be 
appropriated to the Secretary for the use of Amtrak for oper-
ating costs the following amounts: 
(1) For fiscal year 2009, $530,000,000. 
(2) For fiscal year 2010, $580,000,000. 
(3) For fiscal year 2011, $592,000,000. 
(4) For fiscal year 2012, $616,000,000. 
(5) For fiscal year 2013, $631,000,000. 
(b) INSPECTOR GENERAL.—There are authorized to be 
appropriated to the Secretary for the Office of the Inspector 
General of Amtrak the following amounts: 
(1) For fiscal year 2009, $20,000,000. 
(2) For fiscal year 2010, $21,000,000. 
(3) For fiscal year 2011, $22,000,000. 
(4) For fiscal year 2012, $22,000,000. 
(5) For fiscal year 2013, $23,000,000.
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(c) CAPITAL GRANTS.—There are authorized to be ap-
propriated to the Secretary for the use of Amtrak for capital 
projects (as defined in subparagraphs (A) and (B) of section 
24401(2) of title 49, United States Code) to bring the North-
east Corridor (as defined in section 24102 of such title) to 
a state-of-good-repair and for capital expenses of the national 
rail passenger transportation system the following amounts: 
(1) For fiscal year 2009, $715,000,000. 
(2) For fiscal year 2010, $975,000,000. 
(3) For fiscal year 2011, $1,025,000,000. 
(4) For fiscal year 2012, $1,275,000,000. 
(5) For fiscal year 2013, $1,325,000,000. 
(d) PROJECT
MANAGEMENT
OVERSIGHT.—The Sec-
retary may withhold up to 1⁄2 of 1 percent of amounts appro-
priated pursuant to subsection (c) for the costs of project 
management oversight of capital projects carried out by Am-
trak. 
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL 
LEASES. 
(a) PRINCIPAL
AND INTEREST
ON DEBT SERVICE.— 
There are authorized to be appropriated to the Secretary for 
the use of Amtrak for retirement of principal and payment 
of interest on loans for capital equipment, or capital leases, 
not more than the following amounts: 
(1) For fiscal year 2009, $285,000,000.
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(2) For fiscal year 2010, $264,000,000. 
(3) For fiscal year 2011, $288,000,000. 
(4) For fiscal year 2012, $290,000,000. 
(5) For fiscal year 2013, $277,000,000. 
(b) EARLY BUYOUT OPTION.—There are authorized to 
be appropriated to the Secretary such sums as may be nec-
essary for the use of Amtrak for the payment of costs associ-
ated with early buyout options if the exercise of those options 
is determined to be advantageous to Amtrak. 
(c) LEGAL EFFECT OF PAYMENTS UNDER THIS SEC-
TION.—The payment of principal and interest on secured 
debt, with the proceeds of grants authorized by this section 
shall not— 
(1) modify the extent or nature of any indebtedness 
of Amtrak to the United States in existence as of the 
date of enactment of this Act; 
(2) change the private nature of Amtrak’s or its 
successors’ liabilities; or 
(3) imply any Federal guarantee or commitment to 
amortize Amtrak’s outstanding indebtedness. 
SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD AD-
MINISTRATION. 
There are authorized to be appropriated to the Secretary 
for the use of the Federal Railroad Administration such sums
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as necessary to implement the provisions required under this 
division for fiscal years 2009 through 2013. 
TITLE II—AMTRAK REFORM AND 
OPERATIONAL IMPROVEMENTS 
SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION 
SYSTEM DEFINED. 
(a) IN GENERAL.—Section 24102 is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraphs (3), (4), and (5) as 
paragraphs (2), (3), and (4), respectively; and 
(3) by inserting after paragraph (4) as so redesig-
nated the following: 
‘‘(5) ‘national rail passenger transportation system’ 
means— 
‘‘(A) the segment of the continuous Northeast 
Corridor railroad line between Boston, Massachu-
setts, and Washington, District of Columbia; 
‘‘(B) rail corridors that have been designated 
by the Secretary of Transportation as high-speed 
rail corridors (other than corridors described in sub-
paragraph (A)), but only after regularly scheduled 
intercity service over a corridor has been estab-
lished; 
‘‘(C) long-distance routes of more than 750 
miles between endpoints operated by Amtrak as of
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•HRES 1492 EH 
the date of enactment of the Passenger Rail Invest-
ment and Improvement Act of 2008; and 
‘‘(D) short-distance corridors, or routes of not 
more than 750 miles between endpoints, operated 
by— 
‘‘(i) Amtrak; or 
‘‘(ii) another rail carrier that receives 
funds under chapter 244.’’. 
(b) AMTRAK ROUTES WITH STATE FUNDING.— 
(1) IN GENERAL.—Chapter 247 is amended by in-
serting after section 24701 the following: 
‘‘§ 24702. Transportation requested by States, authorities, 
and other persons 
‘‘(a) CONTRACTS FOR TRANSPORTATION.—Amtrak may 
enter into a contract with a State, a regional or local author-
ity, or another person for Amtrak to operate an intercity rail 
service or route not included in the national rail passenger 
transportation system upon such terms as the parties thereto 
may agree. 
‘‘(b) DISCONTINUANCE.—Upon termination of a contract 
entered into under this section, or the cessation of financial 
support under such a contract by either party, Amtrak may 
discontinue such service or route, notwithstanding any other 
provision of law.’’.
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•HRES 1492 EH 
(2) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 247 is amended by inserting after the 
item relating to section 24701 the following: 
‘‘24702. Transportation requested by States, authorities, and other persons’’. 
(c) AMTRAK TO CONTINUE TO PROVIDE NON-HIGH- 
SPEED SERVICES.—Nothing in this division is intended to 
preclude Amtrak from restoring, improving, or developing 
non-high-speed intercity passenger rail service. 
(d) APPLICABILITY OF SECTION 24706.—Section 24706 
is amended by adding at the end the following: 
‘‘(c) APPLICABILITY.—This section applies to all service 
over routes provided by Amtrak, notwithstanding any provi-
sion of section 24701 of this title or any other provision of 
this title except section 24702(b).’’. 
(e) AMTRAK’S MISSION.— 
(1) AMENDMENTS.—Section 24101 is amended— 
(A) by striking ‘‘purpose’’ in the section 
heading and inserting ‘‘mission’’; 
(B) by striking subsection (b) and inserting the 
following: 
‘‘(b) MISSION.—The mission of Amtrak is to provide ef-
ficient and effective intercity passenger rail mobility con-
sisting of high quality service that is trip-time competitive 
with other intercity travel options and that is consistent with 
the goals of subsection (d).’’;
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(C) by redesignating paragraphs (9) through 
(11) in subsection (c) as paragraphs (10) through 
(12), respectively, and inserting after paragraph (8) 
the following: 
‘‘(9) provide additional or complementary intercity 
transportation service to ensure mobility in times of na-
tional disaster or other instances where other travel op-
tions are not adequately available;’’; and 
(D) in subsection (d), by striking ‘‘subsection 
(c)(11)’’ and inserting ‘‘subsection (c)(12)’’. 
(2) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 241 is amended by striking the item relating to 
section 24101 and inserting the following: 
‘‘24101. Findings, mission, and goals.’’. 
SEC. 202. AMTRAK BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 is amended to read as 
follows: 
‘‘§ 24302. Board of directors 
‘‘(a) COMPOSITION AND TERMS.— 
‘‘(1) The Amtrak Board of Directors (referred to in 
this section as the ‘Board’) is composed of the following 
9 directors, each of whom must be a citizen of the 
United States: 
‘‘(A) The Secretary of Transportation. 
‘‘(B) The President of Amtrak.
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•HRES 1492 EH 
‘‘(C) 7 individuals appointed by the President 
of the United States, by and with the advice and 
consent of the Senate, with general business and fi-
nancial experience, experience or qualifications in 
transportation, freight and passenger rail transpor-
tation, travel, hospitality, cruise line, or passenger 
air transportation businesses, or representatives of 
employees or users of passenger rail transportation 
or a State government. 
‘‘(2) In selecting individuals described in paragraph 
(1) for nominations for appointments to the Board, the 
President shall consult with the Speaker of the House of 
Representatives, the minority leader of the House of 
Representatives, the majority leader of the Senate, and 
the minority leader of the Senate and try to provide ade-
quate and balanced representation of the major geo-
graphic regions of the United States served by Amtrak. 
‘‘(3) An individual appointed under paragraph 
(1)(C) of this subsection shall be appointed for a term 
of 5 years. Such term may be extended until the individ-
ual’s successor is appointed and qualified. Not more 
than 5 individuals appointed under paragraph (1)(C) 
may be members of the same political party. 
‘‘(4) The Board shall elect a chairman and a vice 
chairman, other than the President of Amtrak, from
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among its membership. The vice chairman shall serve as 
chairman in the absence of the chairman. 
‘‘(5) The Secretary may be represented at Board 
meetings by the Secretary’s designee. 
‘‘(b) PAY AND EXPENSES.—Each director not employed 
by the United States Government or Amtrak is entitled to 
reasonable pay when performing Board duties. Each director 
not employed by the United States Government is entitled to 
reimbursement from Amtrak for necessary travel, reasonable 
secretarial and professional staff support, and subsistence ex-
penses incurred in attending Board meetings. 
‘‘(c) TRAVEL.—(1) Each director not employed by the 
United States Government shall be subject to the same travel 
and reimbursable business travel expense policies and guide-
lines that apply to Amtrak’s executive management when per-
forming Board duties. 
‘‘(2) Not later than 60 days after the end of each fiscal 
year, the Board shall submit a report describing all travel 
and reimbursable business travel expenses paid to each direc-
tor when performing Board duties to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
‘‘(3) The report submitted under paragraph (2) shall in-
clude a detailed justification for any travel or reimbursable
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business travel expense that deviates from Amtrak’s travel 
and reimbursable business travel expense policies and guide-
lines. 
‘‘(d) VACANCIES.—A vacancy on the Board is filled in 
the same way as the original selection, except that an indi-
vidual appointed by the President of the United States under 
subsection (a)(1)(C) of this section to fill a vacancy occurring 
before the end of the term for which the predecessor of that 
individual was appointed is appointed for the remainder of 
that term. A vacancy required to be filled by appointment 
under subsection (a)(1)(C) must be filled not later than 120 
days after the vacancy occurs. 
‘‘(e) QUORUM.—A majority of the members serving shall 
constitute a quorum for doing business. 
‘‘(f) BYLAWS.—The Board may adopt and amend bylaws 
governing the operation of Amtrak. The bylaws shall be con-
sistent with this part and the articles of incorporation.’’. 
(b) EFFECTIVE DATE FOR DIRECTORS’ PROVISION.— 
The amendment made by subsection (a) shall take effect 6 
months after the date of enactment of this Act. The members 
of the Amtrak Board of Directors serving as of the date of 
enactment of this Act may continue to serve for the remain-
der of the term to which they were appointed.
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tation Board shall enforce its determination on the party 
or parties involved. 
‘‘(3) REVISIONS.—The Commission may make nec-
essary revisions to the formula developed under para-
graph (1), including revisions based on Amtrak’s finan-
cial accounting system developed pursuant to section 203 
of the Passenger Rail Investment and Improvement Act 
of 2008. 
‘‘(d) TRANSMISSION
OF STATEMENT
OF GOALS
AND 
RECOMMENDATIONS.—The Commission shall transmit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives— 
‘‘(1) the statement of goals developed under sub-
section (b) within 1 year after the date of enactment of 
the Passenger Rail Investment and Improvement Act of 
2008; and 
‘‘(2) the recommendations developed under sub-
section (b) and the formula and timetable developed 
under subsection (c)(1) annually. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Commission such sums 
as may be necessary for the period encompassing fiscal years 
2009 through 2013 to carry out this section. 
‘‘(f) NORTHEAST CORRIDOR SAFETY COMMITTEE.—
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‘‘(1) IN GENERAL.—The Secretary shall establish a 
Northeast Corridor Safety Committee composed of mem-
bers appointed by the Secretary. The members shall be 
representatives of— 
‘‘(A) the Department of Transportation, in-
cluding the Federal Railroad Administration; 
‘‘(B) Amtrak; 
‘‘(C) freight carriers operating more than 
150,000 train miles a year on the main line of the 
Northeast Corridor; 
‘‘(D) commuter rail agencies; 
‘‘(E) rail passengers; 
‘‘(F) rail labor; and 
‘‘(G) other individuals and organizations the 
Secretary decides have a significant interest in rail 
safety or security. 
‘‘(2) FUNCTION; MEETINGS.—The Secretary shall 
consult with the Committee about safety and security 
improvements on the Northeast Corridor main line. The 
Committee shall meet at least two times per year to con-
sider safety and security matters on the main line. 
‘‘(3) REPORT.—At the beginning of the first session 
of each Congress, the Secretary shall submit a report to 
the Commission and to the Committee on Transpor-
tation and Infrastructure of the House of Representa-