Page:United States Statutes at Large Volume 122.djvu/4967

 12 2 STA T .49 44 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8beconsid e r ed a rai l carrier as de f ined in sec t ion 10 10 2(5) oft h is title for pu rposes of this title and an y other statute that adopts that definition or in w hich that definition applies , includin g—‘ ‘(1) the R ailroad Retire m ent A ctof1 974 (45 U.S . C . 2 3 1 et se q .) ‘‘(2) the Railway L abor Act (43 U.S.C. 151 et seq.); and ‘‘(3) the Railroad Unemployment I nsurance Act (45 U.S.C. 351 et seq.). ‘‘(c) GRANT C O N DI TION S .— T he Secretary shall require as a condition of ma k ing any grant under this chapter for a pro j ect that uses rights - of-way owned by a railroad that— ‘‘(1) a written agreement e x ist between the applicant and the railroad regarding such use and ownership, including— ‘‘(A) any compensation for such use; ‘‘( B ) assurances regarding the adequacy of infrastruc- ture capacity to accommodate both existing and future freight and passenger operations; ‘‘(C) an assurance by the railroad that collecti v e bar- gaining agreements with the railroad ’ s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transpor- tation corridor; and ‘‘( D ) an assurance that an applicant complies with liability requirements consistent with section 2 8 103 of this title; and ‘‘(2) the applicant agrees to comply with— ‘‘(A) the standards of section 24312 of this title, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under section 24308(a) of this title; and ‘‘(B) the protective arrangements established under sec- tion 504 of the Railroad Revitali z ation and Regulatory Reform Act of 197 6 (45 U.S.C. 836) with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants under this chapter. ‘‘(d) R EPL A C E M ENT O FEX ISTIN G INTERCIT YP ASSENGER RAIL SER V ICE.— ‘‘(1) COLLECTIVE B ARGAINING AGREEMENT FOR INTERCITY PASSENGER RAIL PRO J ECTS.—Any entity providing intercity pas- senger 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 chapter and replaces intercity rail passenger 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 provider that— ‘‘(A) gives each such qualified employee of the prede- cessor provider priority in hiring according to the employee’s seniority on the predecessor provider for each position with the replacing entity that is in the employee’s craft or class and is available within 3 years after the termination of the service being replaced;

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