; (2) by striking A person that and all that follows through chapter and inserting (1) In general.— A covered person ; (3) by striking as defined in Section 10102(5) and all that follows through applies and inserting 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, United States Code ; (4) by redesignating paragraphs (1), (2), and (3) as (i), (ii), and (iii); and (5) by adding at the end the following new paragraph: (2) Covered person defined In this subsection, the term covered person — (A) means— (i) a person that conducts passenger rail operations over rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter; and (ii) a person that performs work for, or in support of, passenger rail operations that is work performed by employees in crafts and classes recognized under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ); (B) does not include— (i) an employer engaged primarily in the building and construction industry (as such term is used in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) )) who is solely performing work as a contractor for a rail carrier; (ii) an employer solely performing work as a contractor or subcontractor for— (I) 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 (II) an operator that uses such infrastructure, consistent with a collective bargaining agreement between the railroad or operator and a union representing employees in a craft or class recognized under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ). .