126 
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 car-
rier will provide reasonable compensation to any or-
ganization 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-
mation on a list obtained under subsection (b)(1), but may 
provide information on the list about a passenger to the 
passenger’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 obliga-
tions that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers in-
volved in a rail passenger accident. 
‘‘(2) INVESTIGATIONAL
AUTHORITY
OF
BOARD 
AND SECRETARY.—Nothing in this section shall be 
construed to abridge the authority of the Board or the
127 
Secretary of Transportation to investigate the causes 
or circumstances of any rail accident, including the 
development of information regarding the nature of 
injuries sustained and the manner in which they were 
sustained, for the purpose of determining compliance 
with existing laws and regulations or identifying 
means of preventing similar 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 
passenger list, or in providing information concerning a 
train reservation, pursuant to a plan submitted by the rail 
passenger carrier under subsection (b), unless such liability 
was caused by conduct of the rail passenger carrier which 
was grossly negligent or which constituted intentional mis-
conduct. 
‘‘(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
128 
pursuant to this subsection shall remain available until ex-
pended.’’. 
(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 accidents.’’. 
SEC. 503. ESTABLISHMENT OF TASK FORCE. 
(a) ESTABLISHMENT.—The Secretary, in cooperation 
with the National Transportation Safety Board, organiza-
tions potentially designated under section 1139(a)(2) of 
title 49, United States Code, rail passenger carriers (as de-
fined in section 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 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 passenger rail accident;
129 
(3) recommendations on methods to ensure that 
the families of passengers involved in a passenger rail 
accident who are not citizens of the United States re-
ceive appropriate assistance; and 
(4) recommendations on methods to ensure that 
emergency services personnel have as immediate and 
accurate 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 Trans-
portation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation containing the 
model plan and recommendations developed by the task 
force under subsection (b). 
TITLE 
VI—CLARIFICATION 
OF 
FEDERAL 
JURISDICTION 
OVER SOLID WASTE FACILI-
TIES 
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:
130 
‘‘(2) Except as provided in paragraph (3), the Board 
does not have jurisdiction under this part over— 
‘‘(A) mass transportation provided by a local 
government authority; or 
‘‘(B) a solid waste rail transfer facility as de-
fined 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 
FACILITIES. 
(a) IN GENERAL.—Chapter 109 is amended by adding 
at the end thereof the following: 
‘‘§ 10908. Regulation of solid waste rail transfer facili-
ties 
‘‘(a) IN GENERAL.—Each solid waste rail transfer fa-
cility shall be subject to and shall comply with all applica-
ble Federal and State requirements, both substantive and 
procedural, including judicial and administrative orders 
and fines, respecting the prevention and abatement of pollu-
tion, the protection and restoration of the environment, and 
the protection 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