49 USC 22905 - Grant conditions

1 See References in Text note below.

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 or unless Amtrak ceased providing intercity passenger railroad transportation over the affected route more than 3 years before the commencement of new service, 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—

Editorial Notes

References in Text

The Railroad Retirement Act of 1974, referred to in subsec. (span)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Puspan. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

The Railway Labor Act, referred to in subsec. (span)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec. (span)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.

The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of Puspan. L. 110–432, which enacted this section and was approved Oct. 16, 2008.

Amendments

2021—Subsec. (c)(2)(B). Puspan. L. 117–58 substituted “section 22404” for “section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)”.

2019—Puspan. L. 115–420, § 7(a)(1), renumbered section 24405 of this title as this section.

Subsec. (e)(1). Puspan. L. 115–420, § 7(span)(1)(B), (2)(C), substituted “section 24102) operations of a State or local governmental authority (as those terms are defined in section 5302)” for “section 24102(4) of this title) operations of a State or local government authority (as those terms are defined in section 5302(11) and (6), respectively, of this title)”.

2015—Subsec. (span)(2). Puspan. L. 114–94, § 11303(span)(1)(D)(i), substituted “(45” for “(43”.

Subsec. (c)(2)(B). Puspan. L. 114–94, § 11303(span)(1)(D)(ii), substituted “protective arrangements that are equivalent to the protective arrangements established” for “protective arrangements established”.

Subsec. (d)(1). Puspan. L. 114–94, § 11303(span)(1)(D)(iii), in introductory provisions, inserted “or unless Amtrak ceased providing intercity passenger railroad transportation over the affected route more than 3 years before the commencement of new service” after “unless such service was provided solely by Amtrak to another entity”.

Subsec. (f). Puspan. L. 114–94, § 11303(span)(1)(D)(iv), substituted “under this chapter for commuter rail passenger transportation (as defined in section 24102(3)).” for “under this chapter for commuter rail passenger transportation, as defined in section 24102(4) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Assistance With Buy America Waiver Requests

Puspan. L. 110–432, div. B, title III, § 301(c), Oct. 16, 2008, 122 Stat. 4946, as amended by Puspan. L. 115–420, § 7(span)(3)(B)(i), Jan. 3, 2019, 132 Stat. 5447, provided that:

“In implementing section 22905(a) of title 49, United States Code, the Federal Highway Administration shall, upon request by the Federal Railroad Administration, assist the Federal Railroad Administration in developing a process for posting on its website or distributing via email notices of waiver requests received pursuant to such subsection and soliciting public comments on the intent to issue a waiver. The Federal Railroad Administration’s development of such a process does not relieve the Federal Railroad Administration of the requirements under paragraph (4) of such subsection.”