Amtrak Transparency and Accountability for Passengers and Taxpayers Act

#188 | HR Congress #119

Last Action: Placed on the Union Calendar, Calendar No. 113. (6/6/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Amtrak Transparency and Accountability for Passengers and Taxpayers Act" is legislation aimed at enhancing transparency in the operations of Amtrak, the national passenger railroad service. The bill mandates that the Amtrak Board of Directors adhere to the open meetings requirements outlined in section 552b of title 5 of the United States Code, which generally requires that meetings of federal agencies be open to public observation.

Key provisions of the bill include:

1. **Open Meetings Requirement**: Amtrak's board meetings must comply with federal open meetings laws, ensuring that the public has access to the discussions and decisions of the board, except in specific circumstances.

2. **Exemptions for Sensitive Information**: The legislation allows Amtrak to withhold certain information from public disclosure during meetings if it pertains to sensitive topics such as contract negotiations, collective bargaining agreements, and personnel matters, provided that Amtrak justifies such exclusions based on potential impacts to competitive positions or employee rights.

3. **Safety and Legal Compliance**: The bill explicitly states that it does not require the disclosure of information that could compromise the safety of Amtrak's customers or employees, nor does it prevent Amtrak from fulfilling legal obligations or honoring contracts.

Overall, the Act aims to balance the need for public transparency with the necessity of protecting sensitive business and personnel information relevant to Amtrak’s operations.

Possible Impacts

Here are three examples of how the "Amtrak Transparency and Accountability for Passengers and Taxpayers Act" could affect people:

1. **Increased Public Accountability**: By requiring the Amtrak Board of Directors to comply with open meetings requirements, this legislation would enable greater transparency in Amtrak's decision-making processes. Passengers and taxpayers would have better access to information regarding Amtrak's operations, policies, and financial decisions, fostering a greater sense of accountability and trust in the organization.

2. **Protection of Sensitive Information**: The bill allows Amtrak to withhold certain sensitive information, such as details about contract negotiations and employee matters, from public disclosure. While this could protect Amtrak's competitive position and the privacy of employees, it may also limit public insight into critical issues that could affect service quality, labor relations, and overall organizational effectiveness, potentially leading to frustration among passengers and stakeholders who desire comprehensive oversight.

3. **Impact on Labor Relations**: The legislation permits Amtrak to keep certain aspects of collective bargaining negotiations confidential. This could affect employees and unions by limiting their ability to disclose and discuss negotiation processes and outcomes publicly. Employees may feel less informed about their rights and working conditions, which can influence morale and trust in the organization, while also impacting the effectiveness of union representation in advocating for worker interests.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 188 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 113
119th CONGRESS
  1st Session
                                H. R. 188

                          [Report No. 119-144]

  To require that the Amtrak Board of Directors comply with the open 
 meetings requirements of section 552b of title 5, United States Code, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

 Mr. Nehls (for himself and Mr. Graves) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

                              June 6, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                3, 2025]


_______________________________________________________________________

                                 A BILL


 
  To require that the Amtrak Board of Directors comply with the open 
 meetings requirements of section 552b of title 5, United States Code, 
                        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 Transparency and 
Accountability for Passengers and Taxpayers Act''.

SEC. 2. OPEN MEETINGS.

    Section 24301(e) of title 49, United States Code, is amended--
            (1) by striking ``Section 552 of title 5, this part'' and 
        inserting the following:
            ``(1) In general.--Except as provided in paragraph (3), 
        section 552 of title 5 and the open meetings requirements of 
        section 552b of such title, this part'';
            (2) in the second sentence by striking ``Section 552 of 
        title 5, United States Code, applies'' and inserting the 
        following:
            ``(2) Timing of application.--Except as provided in 
        paragraph (3), sections 552 and 552b of title 5 apply''; and
            (3) by adding at the end the following:
            ``(3) Scope of application.--
                    ``(A) Information.--The requirements of the second 
                sentence of section 552b(b) of title 5 shall not apply 
                to any portion of an Amtrak meeting and subsections (d) 
                and (e) of section 552b of title 5 shall not apply to 
                any information pertaining to any portion of an Amtrak 
                meeting otherwise required by section 552b of title 5 
                to be disclosed to the public in any case in which 
                Amtrak properly determines that such portion or 
                portions of the meeting or the disclosure of such 
                information is likely to involve--
                            ``(i) contract negotiations, including 
                        negotiations for procurements and agreements 
                        that may result in a contract, the disclosure 
                        of which would imperil or compromise the 
                        competitive position of Amtrak;
                            ``(ii) collective bargaining agreements or 
                        any terms and conditions that are proposed for 
                        inclusion in any collective bargaining 
                        agreement, including the negotiation of terms 
                        and conditions with employees or 
                        representatives of employees of Amtrak;
                            ``(iii) with respect to any individual who 
                        is a prospective officer, employee, or 
                        contractor or an officer, employee, or 
                        contractor employed or appointed by Amtrak, 
                        matters involving the employment, appointment, 
                        termination of employment, terms and conditions 
                        of employment, evaluation of the performance 
                        of, promotion or disciplining of any such 
                        individual, unless all such individuals whose 
                        rights could be adversely affected request in 
                        writing that the matter or matters be discussed 
                        at a public meeting; or
                            ``(iv) confidential commercial information.
                    ``(B) Additional application.--In addition to the 
                information described in subparagraph (B), the 
                information described in section 552b(c) shall apply to 
                Amtrak meetings.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) require Amtrak to disclose information that 
                could put the safety of Amtrak customers or employees 
                at risk; or
                    ``(B) prevent Amtrak from taking any action 
                otherwise necessary to--
                            ``(i) comply with law;
                            ``(ii) honor existing contracts or legally 
                        binding agreements; or
                            ``(iii) carry out normal business 
                        activities consistent with the statutory 
                        mission and goals of Amtrak.''.
                                                 Union Calendar No. 113

119th CONGRESS

  1st Session

                               H. R. 188

                          [Report No. 119-144]

_______________________________________________________________________

                                 A BILL

  To require that the Amtrak Board of Directors comply with the open 
 meetings requirements of section 552b of title 5, United States Code, 
                        and for other purposes.

_______________________________________________________________________

                              June 6, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed