Amtrak Transparency and Accountability for Passengers and Taxpayers Act

Bill: 118-hr-8692
Sponsor: full_name: Rep. Nehls, Troy E. [R-TX-22]
Introduced: 2024-06-11
Policy area: Transportation and Public Works
Subjects: Congressional oversight

Government ethics and transparency, public corruption

Government information and archives

National Railroad Passenger Corporation (Amtrak)
Latest action: action_date: 2024-12-11
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2024-06-11
action_desc: Introduced in House
text: <p><strong>The&nbsp;Amtrak Transparency and Accountability for Passengers and Taxpayers Act</strong></p><p>This bill directs Amtrak to comply with federal open meeting requirements under the Government in the Sunshine Act (i.e., the Sunshine Act), with exceptions.</p><p>Under the bill, certain open meeting requirements do not apply when a majority of the members of the Amtrak Board of Directors meet to discuss official business and (1) no formal or informal vote or other official action is taken at the meeting, and (2) those present at the meeting are board members or board employees.</p><p>Under these circumstances, Amtrak must make publicly available&nbsp;a (1) list of the individuals present at the meeting; and&nbsp;(2)&nbsp;summary of the matters discussed at the meeting, including the key issues.</p><p>The bill includes an exclusion from these requirements for any matter the board properly determines may be withheld from the public under provisions of the Sunshine Act. If the board properly determines a matter may be withheld from the public, the board must provide a public summary of the matter that includes as much general information as possible.</p><p>Further, Amtrak must brief Congress annually on the board's activities.</p>

action_date: 2024-12-04
action_desc: Reported to House
text: <p><strong>Amtrak Transparency and Accountability for Passengers and Taxpayers Act</strong></p><p>This bill directs Amtrak to comply with federal open meeting requirements under the Government in the Sunshine Act, with exceptions.</p><p>Under the bill, certain open meeting requirements do not apply to any portion or portions of a meeting that Amtrak properly determines are likely to involve</p><ul><li>contract negotiations, including negotiations for contract procurements and agreements, the disclosure of which would imperil or compromise Amtrak’s competitive position;</li><li>collective bargaining agreements or any terms and conditions that are proposed for inclusion in an agreement; and</li><li>matters involving the employment, appointment,&nbsp;termination,  terms and conditions of employment, performance evaluation, promotion, or disciplining of a current or prospective Amtrak officer, employee, or contractor (unless  all affected individuals request in writing that the matter or matters be discussed at a public meeting).</li></ul>

tv_txt: IIB 118th CONGRESS 2d Session H. R. 8692 IN THE SENATE OF THE UNITED STATES December 11, 2024 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT 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.

1. Short title This Act may be cited as the Amtrak Transparency and Accountability for Passengers and Taxpayers Act . 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), sections 552 and 552b of title 5, 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 contract procurements and agreements, 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; and (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. (B) Additional application In addition to the information described in subparagraph (B), the information described in section 552b(c) shall apply to Amtrak meetings. .

Passed the House of Representatives December 10, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 8692 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Amtrak Transparency and Accountability for Passengers and Taxpayers Act . 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), sections 552 and 552b of title 5, 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 contract procurements and agreements, 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; and (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. (B) Additional application In addition to the information described in subparagraph (B), the information described in section 552b(c) shall apply to Amtrak meetings. .

Passed the House of Representatives December 10, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 656 118th CONGRESS 2d Session H. R. 8692 [Report No. 118–795] IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Nehls introduced the following bill; which was referred to the Committee on Transportation and Infrastructure December 4, 2024 Additional sponsor: Mr. Graves of Missouri December 4, 2024 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 June 11, 2024 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.

1. Short title This Act may be cited as the Amtrak Transparency and Accountability for Passengers and Taxpayers Act . 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), sections 552 and 552b of title 5, 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 contract procurements and agreements, 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; and (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. (B) Additional application In addition to the information described in subparagraph (B), the information described in section 552b(c) shall apply to Amtrak meetings. .

December 4, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 2d Session H. R. 8692 IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Nehls introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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.

1. Short title This Act may be cited as the The Amtrak Transparency and Accountability for Passengers and Taxpayer Act . 2. Open meetings (a) In general Notwithstanding any other provision of law, the Amtrak Board of Directors shall adhere to the requirements of section 552b of title 5, United States Code, as applicable. (b) Nonpublic collaborative discussions (1) In general Notwithstanding section 552b of title 5, United States Code, a majority of the members of the Board may hold a meeting to discuss official business that is not open to public observation if— (A) no formal or informal vote or other official action is taken at the meeting; and (B) each individual present at the meeting is a member or an employee of the Board. (2) Disclosure of nonpublic collaborative discussions Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting described in paragraph (1), the Board shall make available to the public, in a place easily accessible to the public— (A) a list of the individuals present at the meeting; and (B) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5, United States Code. (3) Ongoing proceedings If a meeting described in paragraph (1) directly relates to an ongoing proceeding before the Board, the Board shall make the disclosure required under paragraph (2) on the date on which the Board issues a final decision with respect to such ongoing proceeding. (c) Summary of withheld matters If the Board properly determines a matter may be withheld from the public under section 552b(c) of title 5, United States Code, the Board shall provide to the public a summary of any such matter with as much general information as possible on such matter. 3. Annual briefing (a) Briefing required During the 30-day period ending on the day before the first date of each fiscal year, the Chair of the Board of Directors of Amtrak shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the activities of the Board in the fiscal year in which the briefing occurs. (b) Content of briefing The briefing required under subsection (a) shall include— (1) a description of all matters before the Board that required a vote of the Board; and (2) a description of matters pending before the Board in which the Board is required to vote.