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.