American High-Speed Rail Act

(b) Operators and certain railroad transportation service providers deemed rail carriers and employers for certain purposes. A person that— shall be considered a rail carrier, and an employer only for the purposes of making it subject to the laws of the United States referred to in section 10501(c)(3)(A) of title 49 of the U.S. Code, and therefore shall be subject to: (i) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), (ii) the Railway Labor Act (45 U.S.C. 151 et seq.), and (iii) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) but is not deemed to be a rail carrier for the purposes of, or subject to, any other law of the United States.

(1) conducts passenger or freight rail operations over, or

(2) performs work for, or in support of passenger rail operations that is work performed by employees in railroad industry crafts and classes recognized under paragraph Ninth of Section 2 of the Railway Labor Act (45 U.S.C. §152 Ninth) on rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter,

(c) Notwithstanding section (b) above— The exception described in clause (1) does not apply to the performance of railroad maintenance and repair work that is, and has been, historically and customarily performed by employees in railroad industry crafts and classes recognized under 45 U.S.C. §152 Ninth;

(1) An employer engaged primarily in the building and construction industry, as that term is used in Section 8 (f) of the National Labor Relations Act (29 U.S.C. 158(f)) that is performing construction work as a contractor for a rail carrier shall not itself be considered a rail carrier solely as a result of performance of that work and shall be permitted to perform the work with employees who are not covered by (i) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); (ii) the Railway Labor Act (45 U.S.C. 151 et seq.); and (iii) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

(2) An employer performing work as a contractor or subcontractor for: shall not itself be considered a rail carrier solely as a result of performance of that work, and shall be permitted to perform the work with employees who are not covered by (i) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) (ii) the Railway Labor Act (45 U.S.C. 151 et seq.); and (iii) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). when such work is performed consistent with a collective bargaining agreement between the railroad or Operator and a union representing employees in a railroad industry craft or class recognized under paragraph Ninth of Section 2 of the Railway Labor Act (45 U.S.C. §152 Ninth) covering work performed by that craft or class.

(A) a railroad that owns, uses, or is contracted to perform work on, rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter, or

(B) an Operator that uses such infrastructure—