Amtrak Reauthorization and Improvement Act of 1990
PL 101-322 (H.R.5075), enacted 07/06/1990

PUBLIC LAW 101-322—JULY 6, 1990 
104 STAT. 295 
Public Law 101-322 
101st Congress 
An Act 
To amend the Rail Passenger Service Act to authorize appropriations for the 
National Railroad Passenger Corporation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Amtrak Reauthorization and 
Improvement Act of 1990". 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
Section 601(bX2) of the Rail Passenger Service Act (45 U.S.C. 
601(bX2)) is amended— 
(1) by striking "sind" at the end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following: 
"(F) not to exceed $630,000,000 for the fiscal year ending 
September 30,1989; 
"(G) not to exceed $656,000,000 for the fiscal year ending 
September 30,1990; 
^'(H) not to exceed $684,000,000 for the fiscal year ending 
September 30,1991; and 
^'(I) not to exceed $712,000,000 for the fiscal year ending 
September 30,1992.". 
SEC. 3. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS. 
Title VIII of the Rail Passenger Service Act (45 U.S.C. 642 et seq.) 
is amended by adding at the end thereof the following new section: 
"SEC. 810. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS. 
"(a) Notwithstanding any other provision of law, in instances 
where a publicly funded commuter transportation authority estab-
lished under Virginia law contracts to indemnify the Corporation 
for liability for operations conducted by or on behalf of the publicly 
funded commuter transportation authority or to indemnify a rail-
road over whose tracks such operations are conducted, liability for 
all claims, whether for compensatory or punitive damages, arising 
from any accident or incident occurring in the District of Columbia 
against the Corporation or the publicly funded commuter transpor-
tation authority in connection with operations conducted by or on 
behalf of such publicly funded commuter transportation authority, 
or against a railroad over whose tracks such operations were con-
ducted at the time of the accident or incident, shall not be in an 
amount greater than the limits of the liability coverage maintained 
by the publicly funded commuter transportation authority to indem-
nify the Corporation or the railroad. In no event shall the publicly 
funded commuter transportation authority maintain an aggregate 
limit of liability coverage less than $200,000,000. 
July 6, 1990 
[H.R. 5075] 
Amtrak 
Reauthorization 
and 
Improvement 
Act of 1990. 
45 u s e 501 note. 
Virginia. 
45 u s e 649. 
District of 
Columbia. 
Claims. 
104 STAT. 296 
PUBLIC LAW 101-322-^ULY 6, 1990 
"Ot>) Subsection (a) shall not be effective unless the Corporation or 
a railroad seeking coverage hereunder has entered into an operating 
agreement with a publicly funded commuter transportation author-
ity established under Virginia law to provide access for revenue 
service to its property in connection with the operations of the 
publicly funded commuter transportation authority.". 
SEC. 4. AUTHORIZATION TO USE FUNDS FOR SIMILAR PURPOSES. 
Proceeds from the sale of all or part of the railroad line for which 
funds were provided, for acquisition and rehabilitation, under sec-
tion 511 of the Rail Safety and Service Improvement Act of 1982 
may be used for similar purposes with respect to any railroad line 
^ 
connecting with such line, for the purpose of continued rail service 
on such lines. 
SEC. 5. COOPERATION WITH STUDY. 
The National Railroad Passenger Corporation shall cooperate 
with the efforts of the Washington State Department of Transpor-
tation in designing and carrying out a study of the feasibility of 
reestablishing rail service between Seattle, Washington, and Van-
couver, British Columbia. 
SEC. 6. ROUTING FEASIBILITY STUDY. 
The National Railroad Passenger Corporation shall conduct a 
study to evaluate the short-term and long-term revenue and cost 
implications of separating the existing California Zephyr-Desert 
Wind-Pioneer train into two service routes serving separate western 
destinations via a southern route and a central route through Iowa. 
The Corporation shall include in this evaluation the projected cost 
for required additional passenger equipment, any projected loss, and 
any revenue and ridership gains, associated with offering a second 
Reports. 
service route. A detailed report on the findings of the study shall be 
submitted by the Corporation to the Congress within 6 months after 
the date of enactment of this Act. 
Taxes. 
State and local 
SEC. 7. RESIDENCE OF EMPLOYEES. 
(a) Section 11504(a) of title 49, United States Code, is amended to 
read as follows: 
"(a) No part of the compensation paid by a rail carrier providing 
trEinsportation subject to the jurisdiction of the Commission under 
subchapter I of chapter 105 of this title to an employee who per-
forms regularly assigned duties as such an employee on a railroad in 
more than one State shall be subject to the income tax laws of any 
State or subdivision of that State, other than the State or subdivi-
sion thereof of the employee's residence.". 
0?) Section 11504(b) of title 49, United States Code, is amended to 
read as follows: 
"(b)(1) No part of the compensation paid by a motor carrier 
providing transportation subject to the jurisdiction of the Commis-
sion under subchapter II of chapter 105 of this title or by a motor 
private carrier to an employee who performs regularly assigned 
duties in 2 or more States as such an employee with respect to a 
motor vehicle shall be subject to the income tax laws of any State or 
subdivision of that State, other than the State or subdivision thereof 
of the employee's residence. 
PUBLIC LAW 101-322—JULY 6, 1990 
104 STAT. 297 
"(2) In this subsection 'employee' has the meaning given such 
term in section 204 of the Motor Carrier Safety Act of 1984 (49 App. 
U.S.C. 2503).". 
(c) Section 11504(d) of title 49, United States Code, is amended— 
(1) by striking "express, sleeping car,"; and 
(2) by striking "with—" and all that follows and inserting in 
lieu thereof the following: "with the State and subdivision of 
residence of the employee.". 
SEC. 8. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENT. 
(a) Section 8(aXlXBXvi) of the Railroad Unemplojnnent Insurance 
Act (45 U.S.C. 358(aXlXBXvi)) is amended by inserting "the National 
Railroad Passenger Corporation smd" immediately after "the con-
tribution o f in the first sentence. 
(b) The amendment made by subsection (a) shall be effective as of Effective date. 
January 1,1989. 
45 USC 358 note. 
SEC. 9. STUDY OF LOAN GUARANTEE NEEDS. 
The Secretary of Transportation, in consultation with the 
Administrator of the Federal Railroad Administration, shall study 
and survey the present and potential need and demand among class 
II and class III railroads for Federal guarantees of obligations as 
provided for by section 511 of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 831). Such study and survey 
shall examine the present and potential need and demand for such 
guarantees to fund rehabilitation and improvement of facilities or 
equipment, acquisition of new railroad facilities, and refinancing of 
existing debt. The Secretary of Transportation shall report to Con- Reports, 
gress no later than 90 days following the date of the enactment of 
this Act the results of such study and survey. Such report shall 
include an analysis of the present and potential need and demand 
for Federal guarantees of class II ieind class III railroad debt, the 
amount of guarantee authority required to meet that need, and a 
projection of demand for such Federal guarantees through fiscal 
year 1995. 
SEC. 
1
0
. 
FEDERAL 
OPERATING 
SUPPORT 
REPORT. 
The National Railroad Passenger Corporation shall report to 
Congress by June 1, 1991, on its plan to eliminate its need for 
Federal operating support by the year 2000. The report should 
include a discussion of the actions that could be taken to enhance 
revenues, to control costs, and to improve productivity and effi-
ciency of operations, as well as an estimate of the capital investment 
needed to take such actions. 
SEC. 11. NEW SERVICE STUDY. 
The National Railroad Passenger Corporation shall study the 
economic feasibility of providing new service, if such service will 
104 STAT. 298 
PUBLIC LAW 101-322—JULY 6, 1990 
have the potential of covering the operating costs associated with 
such service, to areas not served by the Corporation as of the date of 
enactment of this Act. Within two years after such date of enact-
ment, the Corporation shall report to Congress on the results of that 
study. 
Approved July 6, 1990. 
LEGISLATIVE HISTORY—H.R. 5075: 
CONGRESSIONAL RECXJRD, Vol. 136 (1990): 
June 25, considered and passed House and Senate.