Pub. L. 116-260, div. M, tit. IV (as amended)

401.Amounts made available in this Act under the headings Northeast Corridor Grants to the National Railroad Passenger Corporation and National Network Grants to the National Railroad Passenger Corporation shall be used under the same conditions as section 22002 of title XII of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), except as otherwise noted in this Act: Provided, That the amounts made available in this Act under such headings shall be used by the National Railroad Passenger Corporation, to: (1) prevent further employee furloughs that are a result of efforts to prevent, prepare for, and respond to coronavirus; and (2) prevent further reductions to the frequency of rail service on any long-distance route (as defined in section 24102 of title 49, United States Code) except in an emergency or during maintenance or construction outages impacting such routes: Provided further, That the coronavirus shall not qualify as an emergency in the preceding proviso: Provided further, That in the event of any National Railroad Passenger Corporation employee furloughs as a result of efforts to prevent, prepare for, and respond to coronavirus, the National Railroad Passenger Corporation shall provide such employees the opportunity to be recalled to work in accordance with their seniority and classification of work, regardless of their time in the National Railroad Passenger Corporation’s service, as intercity passenger rail service is restored: Provided further, That the National Railroad Passenger Corporation shall be prohibited from contracting out any scope-covered work conducted by an employee who was furloughed through reductions in the workforce as a result of efforts to prevent, prepare for, and respond to coronavirus, unless such contracting was in place prior to March 1, 2020 or is done by agreement with the Labor Organization representing such employee.