(8) the percentage of the passenger rail system’s 
costs that are paid from general government revenues; 
and 
(9) the method used by the government to pro-
vide the subsidies described in paragraph (8). 
(c) REPORT.—Not later than 180 days after the com-
pletion of the study under subsection (a), the Comptroller 
General shall submit a report containing the findings of 
such study to— 
(1) the Committee on Transportation and Infra-
structure of the House of Representatives; and 
(2) the Committee on Commerce, Science, and 
Transportation of the Senate. 
TITLE IV—COMMUTER RAIL 
TRANSIT ENHANCEMENT 
SEC. 401. COMMUTER RAIL TRANSIT ENHANCEMENT. 
(a) AMENDMENT.—Part E of subtitle V is amended by 
adding at the end the following: 
‘‘CHAPTER 285—COMMUTER RAIL TRANSIT 
ENHANCEMENT 
‘‘Sec. 
‘‘28501. Definitions 
‘‘28502. Surface Transportation Board mediation of trackage use requests. 
‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 
‘‘28504. Applicability of other laws. 
‘‘28505. Rules and regulations. 
‘‘§ 28501. Definitions 
‘‘In this chapter— 
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‘‘(1) the term ‘Board’ means the Surface Trans-
portation Board; 
‘‘(2) the term ‘capital work’ means maintenance, 
restoration, reconstruction, capacity enhancement, or 
rehabilitation work on trackage that would be treated, 
in accordance with generally accepted accounting 
principles, as a capital item rather than an expense; 
‘‘(3) the term ‘fixed guideway transportation’ 
means public transportation (as defined in section 
5302(a)(10)) provided on, by, or using a fixed guide-
way (as defined in section 5302(a)(4)); 
‘‘(4) the term ‘public transportation authority’ 
means a local governmental authority (as defined in 
section 5302(a)(6)) established to provide, or make a 
contract providing for, fixed guideway transportation; 
‘‘(5) the term ‘rail carrier’ means a person, other 
than a governmental authority, providing common 
carrier railroad transportation for compensation sub-
ject to the jurisdiction of the Board under chapter 
105; 
‘‘(6) the term ‘segregated fixed guideway facility’ 
means a fixed guideway facility constructed within 
the railroad right-of-way of a rail carrier but phys-
ically separate from trackage, including relocated 
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trackage, within the right-of-way used by a rail car-
rier for freight transportation purposes; and 
‘‘(7) the term ‘trackage’ means a railroad line of 
a rail carrier, including a spur, industrial, team, 
switching, side, yard, or station track, and a facility 
of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to use trackage of, and have related services pro-
vided by, the rail carrier for purposes of fixed guideway 
transportation, the public transportation authority or the 
rail carrier may apply to the Board for nonbinding medi-
ation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 
of title 49, Code of Federal Regulations, as in effect on the 
date of enactment of this section. 
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to acquire an interest in a railroad right-of- 
way for the construction and operation of a segregated fixed 
guideway facility, the public transportation authority or 
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the rail carrier may apply to the Board for nonbinding 
mediation. The Board shall conduct the nonbinding medi-
ation in accordance with the mediation process of section 
1109.4 of title 49, Code of Federal Regulations, as in effect 
on the date of enactment of this section. 
‘‘§ 28504. Applicability of other laws 
‘‘Nothing in this chapter shall be construed to limit 
a rail transportation provider’s right under section 
28103(b) to enter into contracts that allocate financial re-
sponsibility for claims. 
‘‘§ 28505. Rules and regulations 
‘‘Not later than 180 days after the date of enactment 
of this section, the Board shall issue such rules and regula-
tions as may be necessary to carry out this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters of 
such subtitle is amended by adding after the item relating 
to chapter 283 the following: 
‘‘285. COMMUTER RAIL TRANSIT ENHANCEMENT ........................... 28501’’. 
TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) IN GENERAL.—Chapter 261 is amended by adding 
at the end thereof the following: 
‘‘§ 26106. High-speed rail corridor program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish and implement a high-speed rail corridor 
program. 
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‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State, a group of States, an Interstate Compact, a 
public agency established by one or more States and 
having responsibility for providing high-speed rail 
service, or Amtrak. 
‘‘(2) CORRIDOR.—The term ‘corridor’ means a 
corridor designated by the Secretary pursuant to sec-
tion 104(d)(2) of title 23. 
‘‘(3) CAPITAL
PROJECT.—The term ‘capital 
project’ means a project or program in a State rail 
plan developed under chapter 225 of this title for ac-
quiring, constructing, improving, or inspecting equip-
ment, track, and track structures, or a facility of use 
in or for the primary benefit of high-speed rail serv-
ice, expenses incidental to the acquisition or construc-
tion (including designing, engineering, location sur-
veying, mapping, environmental studies, and acquir-
ing rights-of-way), payments for the capital portions 
of rail trackage rights agreements, highway-rail grade 
crossing improvements related to high-speed rail serv-
ice, mitigating environmental impacts, communica-
tion and signalization improvements, relocation as-
sistance, acquiring replacement housing sites, and ac-
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quiring, constructing, relocating, and rehabilitating 
replacement housing. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ means intercity passenger rail service that is 
reasonably expected to reach speeds of at least 110 
miles per hour. 
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ means trans-
portation services with the primary purpose of pas-
senger transportation between towns, cities, and met-
ropolitan areas by rail, including high-speed rail, as 
defined in section 24102 of this title. 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(7) STATE.—The term ‘State’ means any of the 
50 States or the District of Columbia. 
‘‘(c) GENERAL AUTHORITY.—The Secretary may make 
grants under this section to an applicant to finance capital 
projects in high-speed rail corridors. 
‘‘(d) APPLICATIONS.—Each applicant seeking to re-
ceive a grant under this section to develop a high-speed rail 
corridor shall submit to the Secretary an application in 
such form and in accordance with such requirements as the 
Secretary shall establish. 
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‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA 
FOR GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) establish criteria for selecting among 
projects that meet the criteria specified in para-
graph (2); 
‘‘(B) conduct a national solicitation for ap-
plications; and 
‘‘(C) award grants on a competitive basis. 
‘‘(2) GRANT CRITERIA.—The Secretary may ap-
prove a grant under this section for a project only if 
the Secretary determines that the project— 
‘‘(A) is part of a State rail plan developed 
under chapter 225 of this title, or under the plan 
required by section 302 of the Passenger Rail In-
vestment and Improvement Act of 2008; 
‘‘(B) is based on the results of preliminary 
engineering; 
‘‘(C) has the legal, financial, and technical 
capacity to carry out the project; and 
‘‘(D) is justified based on the ability of the 
project— 
‘‘(i) to generate national economic ben-
efits, including creating jobs, expanding 
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business opportunities, and impacting the 
gross domestic product; 
‘‘(ii) to increase mobility of United 
States citizens and reduce congestion, in-
cluding impacts in the State, region, and 
Nation; and 
‘‘(iii) to otherwise enhance the national 
transportation system. 
‘‘(3) PROJECT SELECTION CRITERIA.—In select-
ing a project under this section, the Secretary shall 
consider the extent to which the project— 
‘‘(A) makes a substantial contribution to 
providing the infrastructure and equipment re-
quired to complete a high-speed rail corridor; 
‘‘(B) leverages Federal investment by en-
couraging non-Federal financial commitments, 
including evidence of stable and dependable fi-
nancing sources to construct, maintain, and op-
erate the high-speed rail corridor and service; 
and 
‘‘(C) helps protect the environment. 
‘‘(f) FEDERAL SHARE.—The Federal share of the cost 
of a project financed under this section shall not exceed 80 
percent of the project net capital cost. 
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‘‘(g) ISSUANCE OF REGULATIONS.—Not later than 1 
year after the date of enactment of this section, the Sec-
retary shall issue regulations for carrying out this section. 
‘‘(h) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary to carry out this section 
$350,000,000 for each of fiscal years 2009 through 2013.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 261 is amended by adding after the 
item relating to section 26105 the following new item: 
‘‘26106. High-speed rail corridor program.’’. 
SEC. 502. ADDITIONAL HIGH-SPEED PROJECTS. 
(a) SOLICITATION OF PROPOSALS.— 
(1) IN GENERAL.— 
(A) NORTHEAST CORRIDOR.—Not later than 
60 days after the date of enactment of this Act, 
the Secretary of Transportation shall issue a re-
quest for proposals for projects for the financing, 
design, construction, and operation of an initial 
high-speed rail system operating between Wash-
ington, DC, and New York City. Such proposals 
shall be submitted to the Secretary not later than 
150 days after the publication of such request for 
proposals. 
(B) OTHER PROJECTS.—After a report is 
transmitted under subsection (e) with respect to 
projects described in subparagraph (A), the Sec-
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100 
retary of Transportation may issue a request for 
proposals for additional projects for the financ-
ing, design, construction, and operation of a 
high-speed rail system operating on any other 
corridor in the United States. Such proposals 
shall be submitted to the Secretary not later than 
150 days after the publication of such request for 
proposals. 
(2) CONTENTS.—A proposal submitted under 
paragraph (1) shall include— 
(A) the names and qualifications of the per-
sons submitting the proposal; 
(B) a detailed description of the proposed 
route and its engineering characteristics and of 
all infrastructure improvements required to 
achieve the planned operating speeds and trip 
times; 
(C) how the project would comply with Fed-
eral rail safety regulations which govern the 
track and equipment safety requirements for 
high-speed rail operations; 
(D) the peak and average operating speeds 
to be attained; 
(E) the type of equipment to be used, in-
cluding any technologies for— 
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101 
(i) maintaining an operating speed the 
Secretary determines appropriate; or 
(ii) in the case of a proposal submitted 
under paragraph (1)(A), achieving less than 
2-hour express service between Washington, 
DC, and New York City; 
(F) the locations of proposed stations; 
(G) a detailed description of any proposed 
legislation needed to facilitate the project; 
(H) a financing plan identifying— 
(i) sources of revenue; 
(ii) the amount of any proposed public 
contribution toward capital costs or oper-
ations; 
(iii) ridership projections; 
(iv) the amount of private investment; 
(v) projected revenue; 
(vi) annual operating and capital 
costs; 
(vii) the amount of projected capital 
investments required (both initially and in 
subsequent years to maintain a state of 
good repair); and 
(viii) the sources of the private invest-
ment required, including the identity of any 
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102 
person or entity that has made or is ex-
pected to make a commitment to provide or 
secure funding and the amount of such com-
mitment; 
(I) a description of how the project would 
contribute to the development of a national high- 
speed rail system, and an intermodal plan de-
scribing how the system will connect with other 
transportation links; 
(J) labor protections that would comply 
with the requirements of section 504; 
(K) provisions to ensure that the proposal 
will be designed to operate in harmony with ex-
isting and projected future intercity, commuter, 
and freight service; 
(L) provisions for full fair market com-
pensation for any asset, property right or inter-
est, or service acquired from, owned, or held by 
a private person or non-Federal entity that 
would be acquired, impaired, or diminished in 
value as a result of a project, except as otherwise 
agreed to by the private person or entity; and 
(M) a detailed description of the environ-
mental impacts of the project, and how any ad-
verse impacts would be mitigated. 
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103 
(3) DOCUMENTS.—Documents submitted or de-
veloped pursuant to this subsection shall not be sub-
ject to section 552 of title 5, United States Code. 
(b) DETERMINATION OF COST EFFECTIVENESS AND 
ESTABLISHMENT
OF COMMISSIONS.—Not later than 60 
days after receipt of a proposal under subsection (a), the 
Secretary of Transportation shall— 
(1) make a determination as to whether the pro-
posal is cost effective; and 
(2) for each corridor for which one or more cost 
effective proposals are received, establish a commis-
sion under subsection (c). 
(c) COMMISSIONS.— 
(1) MEMBERS.—The commission referred to in 
subsection (b)(2) shall consist of— 
(A) the governor of the affected State or 
States, or their respective designees; 
(B) a rail labor representative, a represent-
ative from a rail freight carrier using the rel-
evant corridor, and a commuter authority using 
the relevant corridor, appointed by the Secretary 
of Transportation, in consultation with the 
chairman and ranking minority member of the 
Committee on Transportation and Infrastructure 
of the House of Representatives and the Com-
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104 
mittee on Commerce, Science, and Transpor-
tation of the Senate; 
(C) the Secretary of Transportation or his 
designee; 
(D) the president of Amtrak or his designee; 
and 
(E) the mayors of the three largest munici-
palities serviced by the proposed high-speed rail 
corridor. 
(2) CHAIRPERSON AND VICE-CHAIRPERSON SE-
LECTION.—The Chairperson and Vice Chairperson 
shall be elected from among members of the Commis-
sion. 
(3) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members 
of the Commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in the Com-
mission shall not affect its powers and shall be 
filled in the same manner in which the original 
appointment was made. 
(d) COMMISSION CONSIDERATION.— 
(1) IN GENERAL.—Each commission established 
under subsection (b)(2) shall be responsible for review-
ing the proposal or proposals with respect to which 
the commission was established, and not later than 90 
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105 
days after the establishment of the commission, shall 
transmit to the Secretary, and to the chairman and 
ranking minority member of the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate, a report 
which includes— 
(A) a summary of each proposal received; 
(B) a ranking of the order of the proposals 
according to cost effectiveness, advantages over 
existing services, projected revenue, and cost and 
benefit to the public and private parties; 
(C) an indication of which proposal or pro-
posals are recommended by the commission; and 
(D) an identification of any proposed legis-
lative provisions which would facilitate imple-
mentation of the recommended project. 
(2) VERBAL PRESENTATION.—Proposers shall be 
given an opportunity to make a verbal presentation 
to the commission to explain their proposals. 
(e) SELECTION BY SECRETARY.—Not later than 60 
days after receiving a report from a commission under sub-
section (d)(1), the Secretary of Transportation shall trans-
mit to the Congress a report that ranks all of the rec-
ommended proposals according to cost effectiveness, advan-
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106 
tages over existing services, projected revenue, and cost and 
benefit to the public and private parties. 
(f) NORTHEAST CORRIDOR ECONOMIC DEVELOPMENT 
STUDY.—Not later than 9 months after the date of enact-
ment of this Act, the Secretary of Transportation shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
the results of an economic development study of Amtrak’s 
Northeast Corridor service between Washington, DC, and 
New York City. Such study shall examine how to achieve 
maximum utilization of the Northeast Corridor as a trans-
portation asset, including— 
(1) maximizing the assets of the Northeast Cor-
ridor for potential economic development purposes; 
(2) real estate improvement and financial re-
turn; 
(3) improved intercity, commuter, and freight 
services; 
(4) optimum utility utilization in conjunction 
with potential separated high-speed rail passenger 
services; and 
(5) any other means of maximizing the economic 
potential of the Northeast Corridor. 
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107 
SEC. 503. HIGH-SPEED RAIL STUDY. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall conduct— 
(1) an alternatives analysis of the Secretary’s 
December 1, 1998, extension of the designation of the 
Southeast High-Speed Rail Corridor as authorized 
under section 104(d)(2) of title 23, United States 
Code; and 
(2) a feasibility analysis regarding the expan-
sion of the South Central High-Speed Rail Corridor 
to the Port of Houston, Texas. 
These analyses shall consider changes that have occurred in 
the region’s population, anticipated patterns of population 
growth, connectivity with other modes of transportation, 
ability of the designation to reduce regional traffic conges-
tion, and the ability of current and proposed routings to 
meet the needs of tourists. The Secretary shall submit rec-
ommendations to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and conduct a redesignation of one or both corridors 
if necessary. 
SEC. 504. GRANT CONDITIONS. 
(a) DOMESTIC BUYING PREFERENCE.— 
(1) REQUIREMENT.— 
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108 
(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. 
(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 
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109 
(C) the articles, material, or supplies, or the 
articles, material, or supplies from which they 
are manufactured, are not mined, produced, 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 in 
section 10102(5) of title 49, United States Code, for pur-
poses of this title and any other statute that adopts that 
definition or in which that definition applies, including— 
(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.). 
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110 
(c) GRANT CONDITIONS.—The Secretary shall require 
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 ex-
isting and future freight and passenger oper-
ations; 
(C) an assurance by the railroad that collec-
tive bargaining agreements with the railroad’s 
employees (including terms regulating the con-
tracting of work) will remain in full force and 
effect according to their terms for work per-
formed by the railroad on the railroad transpor-
tation 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— 
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111 
(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 National 
Railroad Passenger Corporation is required to 
comply with those standards for construction 
work financed under an agreement made under 
section 24308(a) of title 49, United States Code; 
and 
(B) the protective arrangements established 
under section 504 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 
836) with respect to employees affected by ac-
tions taken in connection with the project to be 
financed in whole or in part by grants under 
this chapter. 
(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-
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112 
senger service that was provided by Amtrak, unless 
such service was provided solely by Amtrak to another 
entity, as of such date shall enter into an agreement 
with the authorized bargaining agent or agents for 
adversely affected employees of the predecessor pro-
vider that— 
(A) gives each such qualified employee of 
the predecessor provider priority in hiring ac-
cording to the employee’s seniority on the prede-
cessor provider for each position with the replac-
ing entity that is in the employee’s craft or class 
and is available within 3 years after the termi-
nation of the service being replaced; 
(B) establishes a procedure for notifying 
such an employee of such positions; 
(C) establishes a procedure for such an em-
ployee to apply for such positions; and 
(D) establishes rates of pay, rules, and 
working conditions. 
(2) IMMEDIATE REPLACEMENT SERVICE.— 
(A) NEGOTIATIONS.—If the replacement of 
preexisting intercity rail passenger service occurs 
concurrent with or within a reasonable time be-
fore the commencement of the replacing entity’s 
rail passenger service, the replacing entity shall 
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113 
give written notice of its plan to replace existing 
rail passenger service to the authorized collective 
bargaining agent or agents for the potentially 
adversely affected employees of the predecessor 
provider at least 90 days before the date on 
which it plans to commence service. Within 5 
days after the date of receipt of such written no-
tice, negotiations between the replacing entity 
and the collective bargaining agent or agents for 
the employees of the predecessor provider shall 
commence for the purpose of reaching agreement 
with respect to all matters set forth in subpara-
graphs (A) through (D) of paragraph (1). The 
negotiations shall continue for 30 days or until 
an agreement is reached, whichever is sooner. If 
at the end of 30 days the parties have not en-
tered into an agreement with respect to all such 
matters, the unresolved issues shall be submitted 
for arbitration in accordance with the procedure 
set forth in subparagraph (B). 
(B) ARBITRATION.—If an agreement has 
not been entered into with respect to all matters 
set forth in subparagraphs (A) through (D) of 
paragraph (1) as described in subparagraph (A) 
of this paragraph, the parties shall select an ar-
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114 
bitrator. If the parties are unable to agree upon 
the selection of such arbitrator within 5 days, ei-
ther or both parties shall notify the National Me-
diation Board, which shall provide a list of seven 
arbitrators with experience in arbitrating rail 
labor protection disputes. Within 5 days after 
such notification, the parties shall alternately 
strike names from the list until only 1 name re-
mains, and that person shall serve as the neutral 
arbitrator. Within 45 days after selection of the 
arbitrator, the arbitrator shall conduct a hearing 
on the dispute and shall render a decision with 
respect to the unresolved issues among the mat-
ters set forth in subparagraphs (A) through (D) 
of paragraph (1). This decision shall be final, 
binding, and conclusive upon the parties. The 
salary and expenses of the arbitrator shall be 
borne equally by the parties; all other expenses 
shall be paid by the party incurring them. 
(3) SERVICE COMMENCEMENT.—A replacing en-
tity under this subsection shall commence service only 
after an agreement is entered into with respect to the 
matters set forth in subparagraphs (A) through (D) of 
paragraph (1) or the decision of the arbitrator has 
been rendered. 
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115 
(4) SUBSEQUENT REPLACEMENT OF SERVICE.— 
If the replacement of existing rail passenger service 
takes place within 3 years after the replacing entity 
commences intercity passenger rail service, the replac-
ing entity and the collective bargaining agent or 
agents for the adversely affected employees of the pred-
ecessor provider shall enter into an agreement with 
respect to the matters set forth in subparagraphs (A) 
through (D) of paragraph (1). If the parties have not 
entered into an agreement with respect to all such 
matters within 60 days after the date on which the 
replacing entity replaces the predecessor provider, the 
parties shall select an arbitrator using the procedures 
set forth in paragraph (2)(B), who shall, within 20 
days after the commencement of the arbitration, con-
duct a hearing and decide all unresolved issues. This 
decision shall be final, binding, and conclusive upon 
the parties. 
(e) INAPPLICABILITY
TO
CERTAIN
RAIL
OPER-
ATIONS.—Nothing in this section applies to— 
(1) commuter rail passenger transportation (as 
defined in section 24102(4) of title 49, United States 
Code) operations of a State or local government au-
thority (as those terms are defined in section 
5302(11) and (6), respectively, of title 49, United 
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116 
States Code) eligible to receive financial assistance 
under section 5307 of title 49, United States Code, or 
to its contractor performing services in connection 
with commuter rail passenger operations (as so de-
fined); 
(2) the Alaska Railroad or its contractors; or 
(3) the National Railroad Passenger Corpora-
tion’s access rights to railroad rights of way and fa-
cilities under current law. 
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Union Calendar No. 434 
110TH CONGRESS 
2D SESSION 
H. R. 6003 
[Report No. 110–690] 
A BILL 
To reauthorize Amtrak, and for other purposes. 
JUNE 5, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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