109 
needs of tourists. The Secretary shall submit recommenda-
tions to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
and conduct a redesignation if necessary. 
SEC. 504. GRANT CONDITIONS. 
(a) DOMESTIC BUYING PREFERENCE.— 
(1) REQUIREMENT.— 
(A) IN
GENERAL.—In carrying out a 
project funded in whole or in part with a grant 
under this title, or the amendments made by 
this title, the grant recipient shall purchase 
only— 
(i) unmanufactured articles, material, 
and supplies mined or produced in the 
United States; or 
(ii) manufactured articles, material, 
and supplies manufactured in the United 
States substantially from articles, material, 
and supplies mined, produced, or manufac-
tured in the United States. 
(B) DE MINIMIS AMOUNT.—Subparagraph 
(A) applies only to a purchase in an total 
amount that is not less than $1,000,000. 
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(2) EXEMPTIONS.—On application of a recipi-
ent, the Secretary may exempt a recipient from the 
requirements of this subsection if the Secretary de-
cides that, for particular articles, material, or sup-
plies— 
(A) such requirements are inconsistent 
with the public interest; 
(B) the cost of imposing the requirements 
is unreasonable; or 
(C) the articles, material, or supplies, or 
the articles, material, or supplies from which 
they are manufactured, are not mined, pro-
duced, or manufactured in the United States in 
sufficient and reasonably available commercial 
quantities and are not of a satisfactory quality. 
(3) UNITED
STATES
DEFINED.—In this sub-
section, the term ‘‘the United States’’ means the 
States, territories, and possessions of the United 
States and the District of Columbia. 
(b) OPERATORS DEEMED RAIL CARRIERS AND EM-
PLOYERS FOR CERTAIN PURPOSES.—A person that con-
ducts rail operations over rail infrastructure constructed 
or improved with funding provided in whole or in part in 
a grant made under this title, or the amendments made 
by this title, shall be considered a rail carrier as defined 
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111 
in section 10102(5) of title 49, United States Code, for 
purposes of this title and any other statute that adopts 
that definition or in which that definition applies, includ-
ing— 
(1) the Railroad Retirement Act of 1974 (45 
U.S.C. 231 et seq.); 
(2) the Railway Labor Act (43 U.S.C. 151 et 
seq.); and 
(3) the Railroad Unemployment Insurance Act 
(45 U.S.C. 351 et seq.). 
(c) GRANT CONDITIONS.—The Secretary shall re-
quire as a condition of making any grant under this title, 
or the amendments made by this title, for a project that 
uses rights-of-way owned by a railroad that— 
(1) a written agreement exist between the appli-
cant and the railroad regarding such use and owner-
ship, including— 
(A) any compensation for such use; 
(B) assurances regarding the adequacy of 
infrastructure capacity to accommodate both 
existing and future freight and passenger oper-
ations; 
(C) an assurance by the railroad that col-
lective bargaining agreements with the rail-
road’s employees (including terms regulating 
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112 
the contracting of work) will remain in full 
force and effect according to their terms for 
work performed by the railroad on the railroad 
transportation corridor; and 
(D) an assurance that an applicant com-
plies with liability requirements consistent with 
section 28103 of title 49, United States Code; 
and 
(2) the applicant agrees to comply with— 
(A) the standards of section 24312 of title 
49, United States Code, as such section was in 
effect on September 1, 2003, with respect to 
the project in the same manner that the Na-
tional Railroad Passenger Corporation is re-
quired to comply with those standards for con-
struction work financed under an agreement 
made under section 24308(a) of title 49, United 
States Code; and 
(B) the protective arrangements estab-
lished under section 504 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 
(45 U.S.C. 836) with respect to employees af-
fected by actions taken in connection with the 
project to be financed in whole or in part by 
grants under this chapter. 
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(d) REPLACEMENT OF EXISTING INTERCITY PAS-
SENGER RAIL SERVICE.— 
(1) COLLECTIVE BARGAINING AGREEMENT FOR 
INTERCITY PASSENGER RAIL PROJECTS.—Any entity 
providing intercity passenger railroad transportation 
that begins operations after the date of enactment of 
this Act on a project funded in whole or in part by 
grants made under this title, or the amendments 
made by this title, and replaces intercity rail pas-
senger service that was provided by Amtrak, unless 
such service was provided solely by Amtrak to an-
other entity, as of such date shall enter into an 
agreement with the authorized bargaining agent or 
agents for adversely affected employees of the prede-
cessor provider that— 
(A) gives each such qualified employee of 
the predecessor provider priority in hiring ac-
cording to the employee’s seniority on the pred-
ecessor provider for each position with the re-
placing entity that is in the employee’s craft or 
class and is available within 3 years after the 
termination of the service being replaced; 
(B) establishes a procedure for notifying 
such an employee of such positions; 
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