[House Report 118-795]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-795
======================================================================
AMTRAK TRANSPARENCY AND ACCOUNTABILITY FOR PASSENGERS AND TAXPAYERS ACT
_______
December 4, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 8692]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8692) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings and Recommendations................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 12
Duplication of Federal Programs.................................. 12
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 12
Federal Mandates Statement....................................... 12
Preemption Clarification......................................... 12
Advisory Committee Statement..................................... 12
Applicability to Legislative Branch.............................. 12
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill, as Reported............ 13
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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),
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.''.
Purpose of Legislation
The purpose of H.R. 8692 is 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.
Background and Need for Legislation
The Government in the Sunshine Act [hereinafter ``Sunshine
Act''] was enacted to build on previous initiatives to open the
government's decision-making process to the public.\1\ The goal
of the Sunshine Act is to address public feelings that decision
making, and decision makers, are often incompetent, corrupt,
inefficient, or otherwise not in the public's interest.\2\ In
providing greater transparency, the public would have the
opportunity to judge the integrity, competence, and dedication
of agency officials.\3\ It could also increase the quality of
agency work.\4\
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\1\The Government in the Sunshine Act, Pub. L. 94-409, 90 Stat.
1241 at Sec. 2. Codified at 5 U.S.C. Sec. 552b.
\2\The Government in the Sunshine Act, Report No. 94-354 at 4.
\3\Id.
\4\Id. at 5.
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Under the Sunshine Act, meetings of certain Federal
agencies or Federally controlled entities shall be open to
public observation. There are ten enumerated exemptions to open
meeting requirements. Should members of the agency ``properly
determine'' that the meetings or portions of fall under one of
the exemptions, they may vote to close the meeting, but shall
provide a transcription, recording of minutes of the closed
meeting except for those portions dealing with the
exemptions.\5\
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\5\Administrative Conference of the United States, Information
Interagency Bulletin No. 017.
---------------------------------------------------------------------------
Generally, the Sunshine Act defines a covered ``agency'' to
include executive departments, Government corporations,
Government controlled corporations, and independent regulatory
agency, among others.\6\ The law applies open meetings
requirements to agencies headed by a collegial body . . . a
majority of whom are appointed by the President with the advice
and consent of the Senate.\7\
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\6\5 U.S.C. Sec. 552(f)(1).
\7\5 U.S.C. Sec. 522b(a)(1).
---------------------------------------------------------------------------
While the law establishing Amtrak structured it as a
private company and states it ``will not be an agency or
establishment of the United States Government,''\8\ today all
of voting members of its Board of Directors are nominated by
the President and confirmed by the Senate.\9\ In addition, the
Congress has applied the Freedom of Information Act to
Amtrak.\10\
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\8\Rail Passenger Service Act of 1970, Pub. L. 91-518, 84 Stat.
1328 at Sec. 301. This may be an artifact of Congress's original intent
that shares in the newly establish corporation be Amtrak's founding as
profit seeking entity that would raise capital by issuing common and
preferred stock to be held by private entities and investors (Id. at
Sec. 304(a)) and that seats on the board of directors be held for these
shareholders; Id. at 303(a). Today, all of these seats are
Presidentially appointed and all voting board members are Senate
confirmed.
\9\49 U.S.C. Sec. 24302(a)(1)(c).
\10\Pub. L. 92-316, 86 Stat. 227.
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As the recipient of significant Federal funding, there has
been growing Congressional and public interest in Amtrak
decision making. H.R. 8692 applies the open meetings
requirements of the Sunshine Act to meetings of Amtrak's Board
of Directors with certain clarifying language that Amtrak may
hold closed meetings to discuss certain sensitive business
matters the disclosure of which may imperil or compromise the
competitive position of Amtrak, matters related to collective
bargaining and personal privacy. H.R. 8692 would improve public
transparency of Amtrak Board of Directors decision making.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress the following hearings were used to develop or
consider H.R. 8692:
On June 6, 2023, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials held a hearing entitled Amtrak
Operations: Examining the Challenges and Opportunities for
Improving Efficiency and Service. At the hearing, Members
received testimony from Stephen Gardner, Chief Executive
Office, Amtrak, and Mitch Warren, Executive Director, Northeast
Corridor Commission. The hearing witnesses discussed the
current state of Amtrak and plans for growth for passenger
rail.
On June 12, 2024, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials held a hearing entitled Amtrak
Intercity Passenger Rail Oversight: Promoting Performance,
Safety and Accountability. At the hearing, Members received
testimony from Stephen Gardner, Chief Executive Office, Amtrak,
Anthony Coscia, Chair of the Board of Amtrak, and Julie White,
Deputy Secretary for Multimodal Transportation, North Carolina
Department of Transportation. The hearing witnesses discussed
the current state of Amtrak and measures to improve Amtrak
performance and accountability.
Legislative History and Consideration
H.R. 8692, the Amtrak Transparency and Accountability for
Passengers and Taxpayers Act, was introduced in the United
States House of Representatives on June 11, 2024, by Mr. Nehls
of Texas and referred to the Committee on Transportation and
Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 8692 was referred to the Subcommittee on
Railroads, Pipelines, and Hazardous Materials. The Subcommittee
on Railroads, Pipelines, and Hazardous Materials were
discharged from further consideration of H.R. 8692 on September
18, 2024.
The Committee considered H.R. 8692 on September 18, 2024,
and ordered the measure to be favorably reported to the House,
as amended, by unanimous consent.
The following amendment was offered:
An Amendment in the Nature of a Substitute (ANS) to H.R.
8692, offered by Mr. Nehls of Texas was AGREED TO by unanimous
consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 8692 from the
Director of the Congressional Budget Office:
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the House
Committee on Transportation and Infrastructure during the 118th
Congress. The legislation listed in this table generally would
have small effects, if any, on direct spending or revenues, CBO
estimates. Where possible, the table also provides information
about the legislation's estimated effects on spending subject
to appropriation and on intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act.
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Spending
Last Direct spending, Revenues, 2025- subject to Pay-as-you-go Budgetary
Bill number Title Status action Budget function 2025-2034 2034 appropriation, procedures effects after Mandates Contact
2025-2029 apply? 2034
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H.R. 1586........... Forest Protection and Ordered reported.......... 11/15/23 300 0 0 Not estimated No No Yes Lilia Ledezma
Wildland Firefighter
Safety Act of 2023.
H.R. 1586 would authorize federal, state, local, and tribal firefighting agencies to use approved fire retardants to prevent and suppress wildfires without first obtaining a National Pollutant Discharge
Elimination System permit. The bill also would prohibit state courts from issuing injunctions against state or tribal entities' dispersal of aerial fire retardants as part of wildfire suppression or control.
CBO estimates that enacting H.R. 1586 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill would impose an intergovernmental
mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the annual threshold established in UMRA ($100 million in 2024, adjusted annually for inflation). The bill contains no
private-sector mandates as defined in UMRA.
H.R. 1720........... Ocean Pollution Reduction Ordered reported.......... 09/18/24 300 0 0 Not estimated No No No Aurora Swanson
Act II.
H.R. 1720 would allow the Point Loma Wastewater Treatment Plant in San Diego, California, to discharge water without applying for an exemption from the secondary treatment standards of the National Pollutant
Discharge Elimination System if plant meets certain conditions specified in the bill. CBO estimates that enacting H.R. 1720 would not affect direct spending or revenues. CBO has not estimated the bill's
effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 2892........... WARN Act.................. Ordered reported.......... 09/18/24 800 0 0 Between zero No No No Matthew
and $500,000 Pickford
H.R. 2892 would require the Government Accountability Office within 18 months of enactment to study and report on the effectiveness of the nation's weather emergency alert systems. CBO estimates that enacting
H.R. 2892 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill
contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3149........... A bill to designate United Ordered reported.......... 09/18/24 400 0 0 Between zero No No No Kelly Durand
States Route 20 in the and $500,000
States of Oregon, Idaho,
Montana, Wyoming,
Nebraska, Iowa, Illinois,
Indiana, Ohio,
Pennsylvania, New York,
and Massachusetts as the
``National Medal of Honor
Highway,'' and for other
purposes.
H.R. 3149 would designate U.S. Route 20 as the National Medal of Honor Highway. CBO estimates that enacting H.R. 3149 would not affect direct spending or revenues. CBO estimates that implementing the bill would
increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3988........... ARTICLE ONE Act........... Ordered reported.......... 09/18/24 800 Between -$500,000 0 Not estimated Yes No No Kelly Durand
and zero
H.R. 3988 would amend the National Emergencies Act to limit to 30 days the duration of any national emergency declared by the President unless the Congress subsequently approves or extends the declaration. The
bill also would require the President to report to the Congress periodically on the need for and status of declared emergencies. CBO cannot predict the number or timing of future declarations but expects that
most would be approved by the Congress. Under H.R. 3988 emergency declarations could have a shorter duration than under current law. If that happens direct spending related to such emergencies would decline;
CBO estimates any reduction in direct spending would be insignificant. CBO estimates that enacting the bill would not affect revenues. CBO has not estimated the bill's effects on spending subject to
appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 4043........... H.R. 4043, a bill to amend Ordered reported.......... 09/18/24 300 0 0 Not estimated No No No Aurora Swanson
the Save Our Seas 2.0 Act
to expand eligibility for
certain wastewater
infrastructure grants,
and for other purposes.
H.R. 4043 would expand eligibility for certain wastewater infrastructure grants administered by the Environmental Protection Agency. CBO estimates that enacting H.R. 4043 would not affect direct spending or
revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6241........... FULL Act.................. Ordered reported.......... 11/15/23 800 Between zero and 0 Not estimated No No No Matthew
$500,000 Pickford
H.R. 6241 would require federal agencies that have lease agreements with the General Services Administration (GSA) to annually report to GSA on their monthly use and occupancy rates. Under the bill, agencies
would be required to return space to GSA if occupancy falls below 60 percent for six months over any one-year period. Enacting H.R. 6241 could increase direct spending by some agencies that are allowed to use
fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates that any net changes in direct spending by those agencies would be negligible because most of them can
adjust amounts collected to reflect changes in operating costs. CBO estimates that enacting H.R. 6241 would have no effect on revenues. CBO has not estimated the bill's effects on spending subject to
appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6984........... A bill to designate the Ordered reported.......... 09/18/24 800 0 0 Between zero No No No Matthew
Federal building located and $500,000 Pickford
at 300 E. 3rd Street in
North Platte, Nebraska,
as the ``Virginia Smith
Federal Building,'' and
for other purposes.
H.R. 6984 would designate the federal building located at 300 E. 3rd Street in North Platte, Nebraska, as the Virginia Smith Federal Building. CBO estimates that enacting H.R. 6984 would not affect direct
spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7671........... Disaster Management Costs Ordered reported.......... 09/25/24 450 0 0 Not estimated No No No Jon Sperl
Modernization Act.
H.R. 7671 would allow state and local governments that receive disaster assistance from the Federal Emergency Management Agency to repurpose unused funds that originally were allocated for management costs.
State and local governments could use the funds to increase their administrative capacity to prepare for, recover from, or mitigate the effects of disasters. Under current law, unused funds are returned to the
Disaster Relief Fund. Under the bill, those governments could retain unused funds for up to five years for disasters that are declared on or after the bill's enactment date. CBO estimates that enacting H.R.
7671 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act.
H.R. 7779........... Good Samaritan Remediation Ordered reported.......... 09/18/24 300 Between zero and 0 Not estimated Yes Insignificant No Aurora Swanson
of Abandoned Hardrock $500,000
Mines Act of 2024.
H.R. 7779 would establish a Good Samaritan pilot program and authorize the Environmental Protection Agency to issue permits for projects to remediate mine residue at abandoned hardrock mine sites. The bill
would establish a remediation fund for federal agencies to administer projects carried out by Good Samaritans (entities that are not current owners or operators of an abandoned site; had no role in the
creation of the mine residue; and are not potentially liable under any law for the remediation, treatment, or control of the mine residue). The spending would be funded by appropriations and by deposits from
nonfederal sources, such as donations, agreements for long-term operations and maintenance costs, and insurance proceeds if a Good Samaritan fails to complete a project. The bill also would waive the
applicability of all other laws with respect to the use of the fund, including the Antideficiency Act, which could allow amounts to be obligated before expected deposits into the fund are received. However,
CBO expects that spending of any such advance obligations would be constrained by amounts ultimately deposited into the fund. On that basis, CBO estimates that enacting H.R. 7779 would increase net direct
spending by less than $500,000 over the 2025-2034 period and have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8505........... Household Goods Shipping Ordered reported.......... 09/18/24 400 0 Between zero and Not estimated Yes No No Zunara Naeem
Consumer Protection Act. $500,000
H.R. 8505 would allow the Federal Motor Carrier Safety Administration to assess penalties for entities that illegally ship household goods. The bill also would allow states to enforce and collect fines on such
entities. As a result, CBO estimates that enacting H.R. 8505 could increase revenues because those penalties are recorded in the budget as revenues. Because the number of entities affected is likely to be
small, CBO estimates that the increase in revenues would be less than $500,000 over the 2025-2034 period. CBO estimates that enacting the bill would have no effect on direct spending. CBO has not estimated the
bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8530........... Improving Federal Building Ordered reported.......... 09/18/24 800 Between zero and 0 Not estimated Yes No No Matthew
Security Act of 2024. $500,000 Pickford
H.R. 8530 would require federal agencies to respond within 90 days to recommendations by the Federal Protective Service, within the Department of Homeland Security (DHS), concerning building security. Agencies
could adopt or reject those recommendations but would need to explain their rejections. The bill would require DHS to track recommendations and responses and to report annually to the Congress concerning all
recommendations. Enacting H.R. 8530 could increase direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates
that any net changes in direct spending by those agencies would be negligible because most of them can adjust amounts collected to reflect changes in operating costs. CBO estimates that enacting H.R. 8530
would have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
H.R. 8692........... The Amtrak Transparency Ordered reported.......... 09/18/24 400 0 0 0 No No Yes Zunara Naeem
and Accountability for
Passengers and Taxpayer
Act.
H.R. 8692 would require Amtrak to hold open meetings in accordance with current requirements for most federal agencies. Because Amtrak is considered a nonfederal entity, CBO estimates that enacting H.R. 8692
would have no effect on the federal budget. The bill would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the annual threshold established in UMRA
($200 million in 2024, adjusted annually for inflation). The bill contains no intergovernmental mandates as defined in UMRA.
H.R. 8995........... Baby Changing on Board Act Ordered reported.......... 09/18/24 400 0 0 0 No No Yes Kelly Durand
H.R. 8995 would require Amtrak trains purchased after the bill's enactment to include baby-changing tables in all train restrooms that are subject to the requirements of the Americans With Disabilities Act of
1990. Because Amtrak is considered a nonfederal entity, CBO estimates that enacting H.R. 8995 would have no effect on the federal budget. The bill would impose a private-sector mandate as defined in the
Unfunded Mandates Reform Act (UMRA) that would not exceed the threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The bill contains no intergovernmental mandates as defined
in UMRA.
H.R. 9024........... Extreme Weather and Heat Ordered reported.......... 09/18/24 450 0 0 Not estimated No No No Jon Sperl
Response Modernization
Act.
H.R. 9024 would require the Federal Emergency Management Agency (FEMA) to issue guidance for disaster relief programs concerning extreme-temperature events and to consider innovative preparedness and mitigation
projects for such disasters in its grantmaking. The bill also would require FEMA to convene an advisory panel to review the definition of incident periods for extreme-temperature events and to issue
regulations revising those periods. Finally, the bill would require FEMA to study the effects of extreme-temperature disasters, develop guidance and best practices for responding to such events, and report to
the Congress. CBO estimates that enacting H.R. 9024 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9313........... Think Differently About Ordered reported.......... 09/18/24 800 0 0 Between zero No No No Matthew
Building Accessibility and $500,000 Pickford
Act.
H.R. 9313 would direct the Government Accountability Office to report to the Congress concerning accessibility for people with disabilities in all office buildings controlled by the General Services
Administration. CBO estimates that enacting H.R. 9313 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than
$500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9541........... POWER Act of 2024......... Ordered reported.......... 09/18/24 450 0 0 Not estimated No No No Jon Sperl
H.R. 9541 would authorize electric utilities that receive disaster assistance from the Federal Emergency Management Agency for emergency power restoration to implement mitigation activities as part of power
restoration. Those actions would not disqualify utilities from receiving mitigation assistance under the Public Assistance Program. CBO estimates that enacting H.R. 9541 would not affect direct spending or
revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9591........... A bill to require the Ordered reported.......... 09/18/24 800 Between -$500,000 0 Not estimated No No No Emma Uebelhor
Administrator of General and zero
Services to sell certain
property related to
United States
Penitentiary,
Leavenworth, and for
other purposes.
H.R. 9591 would require the General Services Administration (GSA) to sell any property in the State of Missouri associated with the Federal Correctional Institution, Leavenworth, which is located in Kansas. Net
proceeds from the sale would be deposited into the Federal Buildings Fund and recorded in the budget as offsetting receipts (that is, as reductions in direct spending). Using information from GSA, CBO
estimates that the property could be sold for about $500,000; therefore, CBO estimates that enacting H.R. 9591 would decrease direct spending by an insignificant amount. CBO estimates that enacting the bill
would not affect revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates
Reform Act.
H.R. 9750........... Natural Disaster Recovery Ordered reported.......... 09/25/24 450 0 0 Not estimated No No No Jon Sperl
Program Act of 2024.
H.R. 9750 would create a Natural Disaster Recovery Fund, to be administered by the Federal Emergency Management Agency, from which the agency would make grants to state and tribal governments to cover unmet
needs following major disasters. Those governments would determine how funds are spent. The bill also would expand the availability of disaster assistance for housing repairs and require several reports
related to disaster recovery programs. CBO estimates that enacting H.R. 9750 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The
bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
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Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide apply the Sunshine Act to Amtrak's Board of Directors.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 8692 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 8692 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section states that this Act may be cited as the
``Amtrak Transparency and Accountability for Passengers and
Taxpayers Act.''
Section 2. Open meetings
This section applies Sunshine Act open meetings
requirements [5 U.S.C. 552b] with a public virtual observation
option to meetings of Amtrak's Board of Directors and includes
clarifying language that Amtrak may hold closed meetings to
discuss certain sensitive business matters the disclosure of
which may imperil or compromise the competitive position of
Amtrak, matters related to collective bargaining and personal
privacy.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
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SUBTITLE V--RAIL PROGRAMS
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PART C--PASSENGER TRANSPORTATION
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CHAPTER 243--AMTRAK
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Sec. 24301. Status and applicable laws
(a) Status.--Amtrak--
(1) is a railroad carrier under section 20102(2) and
chapters 261 and 281 of this title;
(2) shall be operated and managed as a for-profit
corporation; and
(3) is not a department, agency, or instrumentality
of the United States Government, and shall not be
subject to title 31.
(b) Principal Office and Place of Business.--The principal
office and place of business of Amtrak are in the District of
Columbia. Amtrak is qualified to do business in each State in
which Amtrak carries out an activity authorized under this
part. Amtrak shall accept service of process by certified mail
addressed to the secretary of Amtrak at its principal office
and place of business. Amtrak is a citizen only of the District
of Columbia when deciding original jurisdiction of the district
courts of the United States in a civil action.
(c) Application of Subtitle IV.--Subtitle IV of this title
shall not apply to Amtrak, except for sections 11123, 11301,
11322(a), 11502, and 11706. Notwithstanding the preceding
sentence, Amtrak shall continue to be considered an employer
under the Railroad Retirement Act of 1974, the Railroad
Unemployment Insurance Act, and the Railroad Retirement Tax
Act.
(d) Application of Safety and Employee Relations Laws and
Regulations.--Laws and regulations governing safety, employee
representation for collective bargaining purposes, the handling
of disputes between carriers and employees, employee
retirement, annuity, and unemployment systems, and other
dealings with employees that apply to a rail carrier subject to
part A of subtitle IV of this title apply to Amtrak.
(e) Application of Certain Additional Laws.--[Section 552 of
title 5, this part]
(1) In general._Except as provided in paragraph (3),
sections 552 and 552b of title 5, this part, and, to
the extent consistent with this part, the District of
Columbia Business Corporation Act (D.C. Code Sec. 29-
301 et seq.) apply to Amtrak. [Section 552 of title 5,
United States Code, applies]
(2) Timing of application.--Except as provided in
paragraph (3), sections 552 and 552b of title 5 apply
to Amtrak for any fiscal year in which Amtrak receives
a Federal subsidy.
(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.
(f) Tax Exemption for Certain Commuter Authorities.--A
commuter authority that was eligible to make a contract with
Amtrak Commuter to provide commuter rail passenger
transportation but which decided to provide its own rail
passenger transportation beginning January 1, 1983, is exempt,
effective October 1, 1981, from paying a tax or fee to the same
extent Amtrak is exempt.
(g) Nonapplication of Rate, Route, and Service Laws.--A State
or other law related to rates, routes, or service does not
apply to Amtrak in connection with rail passenger
transportation.
(h) Nonapplication of Pay Period Laws.--A State or local law
related to pay periods or days for payment of employees does
not apply to Amtrak. Except when otherwise provided under a
collective bargaining agreement, an employee of Amtrak shall be
paid at least as frequently as the employee was paid on October
1, 1979.
(i) Preemption Related to Employee Work Requirements.--A
State may not adopt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak to employ a
specified number of individuals to perform a particular task,
function, or operation.
(j) Nonapplication of Laws on Joint Use or Operation of
Facilities and Equipment.--Prohibitions of law applicable to an
agreement for the joint use or operation of facilities and
equipment necessary to provide quick and efficient rail
passenger transportation do not apply to a person making an
agreement with Amtrak to the extent necessary to allow the
person to make and carry out obligations under the agreement.
(k) Exemption From Additional Taxes.--(1) In this
subsection--
(A) ``additional tax'' means a tax or fee--
(i) on the acquisition, improvement,
ownership, or operation of personal property by
Amtrak; and
(ii) on real property, except a tax or fee on
the acquisition of real property or on the
value of real property not attributable to
improvements made, or the operation of those
improvements, by Amtrak.
(B) ``Amtrak'' includes a rail carrier subsidiary of
Amtrak and a lessor or lessee of Amtrak or one of its
rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax because
of an expenditure to acquire or improve real property,
equipment, a facility, or right-of-way material or structures
used in providing rail passenger transportation, even if that
use is indirect.
(l) Exemption From Taxes Levied After September 30, 1981.--
(1) In general.--Amtrak, a rail carrier subsidiary of Amtrak,
and any passenger or other customer of Amtrak or such
subsidiary, are exempt from a tax, fee, head charge, or other
charge, imposed or levied by a State, political subdivision, or
local taxing authority on Amtrak, a rail carrier subsidiary of
Amtrak, or on persons traveling in intercity rail passenger
transportation or on mail or express transportation provided by
Amtrak or such a subsidiary, or on the carriage of such
persons, mail, or express, or on the sale of any such
transportation, or on the gross receipts derived therefrom
after September 30, 1981. In the case of a tax or fee that
Amtrak was required to pay as of September 10, 1982, Amtrak is
not exempt from such tax or fee if it was assessed before April
1, 1997.
(2) The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
subsection and may grant equitable or declaratory relief
requested by Amtrak.
(m) Waste Disposal.--(1) An intercity rail passenger car
manufactured after October 14, 1990, shall be built to provide
for the discharge of human waste only at a servicing facility.
Amtrak shall retrofit each of its intercity rail passenger cars
that was manufactured after May 1, 1971, and before October 15,
1990, with a human waste disposal system that provides for the
discharge of human waste only at a servicing facility. Subject
to appropriations--
(A) the retrofit program shall be completed not later
than October 15, 2001; and
(B) a car that does not provide for the discharge of
human waste only at a servicing facility shall be
removed from service after that date.
(2) Section 361 of the Public Health Service Act (42 U.S.C.
264) and other laws of the United States, States, and local
governments do not apply to waste disposal from rail carrier
vehicles operated in intercity rail passenger transportation.
The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
paragraph and may grant equitable or declaratory relief
requested by Amtrak.
(n) Rail Transportation Treated Equally.--When authorizing
transportation in the continental United States for an officer,
employee, or member of the uniformed services of a department,
agency, or instrumentality of the Government, the head of that
department, agency, or instrumentality shall consider rail
transportation (including transportation by extra-fare trains)
the same as transportation by another authorized mode. The
Administrator of General Services shall include Amtrak in the
contract air program of the Administrator in markets in which
transportation provided by Amtrak is competitive with other
carriers on fares and total trip times.
(o) Applicability of District of Columbia Law.--Any lease or
contract entered into between Amtrak and the State of Maryland,
or any department or agency of the State of Maryland, after the
date of the enactment of this subsection shall be governed by
the laws of the District of Columbia.
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