; and ; and (C) in subparagraph (B) by inserting consider investments described in subparagraph (A) and after times, ; and (3) by adding at the end the following: (4) In a proceeding initiated by the Board under paragraph (1)(B), the Board shall solicit the views of the parties and require the parties to provide any necessary data or information. Not later than 180 days after the date on which the Board makes a determination under paragraph (1)(B), the Board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference. In determining the necessary level of additional infrastructure or other investments, the Board shall use any criteria, assumptions, and processes it considers appropriate. (5) The provisions of this subsection shall be in addition to any other statutory or contractual remedies Amtrak may have to obtain the right to operate the additional trains. . 9206. Prohibition on mandatory arbitration (a) In general Section 28103 of title 49, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f)