((a)) ** .—** Amtrak shall maintain a reduced fare program for the following:

((1)) individuals at least 65 years of age.

((2)) individuals (except alcoholics and drug abusers) who—

((A)) have a physical or mental impairment that substantially limits a major life activity of the individual;

((B)) have a record of an impairment; or

((C)) are regarded as having an impairment.

((b)) ** .—**

((1)) In this subsection, “rail carrier employee” means—

((A)) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence;

((B)) a retired employee of a rail carrier or terminal company; and

((C)) a dependent of an employee referred to in clause (A) or (B) of this paragraph.

((2)) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on , under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for free or reduced-rate transportation.

((3)) This subsection does not prohibit the Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after .