PolicyBrief
H.R. 188
119th CongressApr 2nd 2025
Amtrak Transparency and Accountability for Passengers and Taxpayers Act
AWAITING HOUSE

This bill applies federal open meeting and transparency rules to Amtrak while creating specific exceptions for competitive, labor, personnel, and safety matters.

Troy Nehls
R

Troy Nehls

Representative

TX-22

LEGISLATION

Amtrak Transparency Bill Adds FOIA Rules, But Carves Out Huge Exceptions for Labor and Business Secrets

This bill, the Amtrak Transparency and Accountability for Passengers and Taxpayers Act, starts with a great premise: treating Amtrak more like a standard federal agency when it comes to public access. Specifically, Section 2 mandates that Amtrak must now generally comply with federal rules for transparency, including the Freedom of Information Act (FOIA) and the Federal Open Meetings Act. For you and me, this means that records and discussions about how our taxpayer-funded rail service is run should, in theory, become much more accessible. It’s supposed to be a win for anyone who wants to know where their ticket money goes or why their train is always late.

The Transparency Trade-Off: Open Door, Closed Curtains

Here’s where things get complicated, and where that coffee-shop conversation turns serious. While the bill opens the door to transparency, it immediately installs a heavy-duty lock with several specific keys. The law carves out major exceptions, allowing Amtrak to close meetings and withhold information if they decide disclosure would “jeopardize” their competitive standing. This isn’t a small loophole; it covers almost every sensitive area of the business.

For example, Amtrak can now hold closed-door meetings on contract talks (potential procurements), labor negotiations (collective bargaining agreements), personnel matters (hiring, firing, discipline), and confidential commercial information. If you’re a taxpayer or a passenger, you might want to know why a major contract went to one vendor over another, but if Amtrak argues that those details would hurt its business edge, the meeting is closed and the records stay private. This grants significant subjective power to Amtrak management to decide what is and isn't public, potentially shielding key operational and financial decisions from public view.

Who Benefits from the Fine Print?

This legislative structure creates a fascinating trade-off. On one hand, the general application of FOIA is good for transparency advocates and the public. On the other, the exceptions directly benefit Amtrak’s management and employees. Management gets the necessary privacy to negotiate complex labor contracts and procurement deals without opponents or competitors listening in—a legitimate business need. For workers, the exemption ensures that sensitive labor negotiations aren't conducted in the public eye, which can be crucial for reaching fair agreements.

However, for the average passenger or watchdog group, this means that the discussions directly affecting service quality and taxpayer funds—like decisions on new routes, major budget allocations, or why a high-level executive was fired—could easily be classified as "competitive" or "personnel" matters and kept secret. While the bill includes a small safeguard allowing an affected individual to request a public discussion on their own personnel matter, the vast majority of internal governance remains shielded. The bill also allows Amtrak to keep information private if releasing it would compromise customer or employee safety, which is a clear and necessary exception, but the broad scope of the "competitive edge" clause is where most of the future disputes over transparency will likely occur.