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National Railroad Passenger Corporation
Gov. corporationsAt-will removal
At a glance
Type
Government corporations
Removal of leadership
Removable at will
Appointed by
Board appointed by the President, confirmed by the Senate
Structure
Government corporation · led by the Chief Executive Officer
Term
5-year term · party-balanced
Funding
Annual appropriations
Independence
Direct presidential control
Statute (49 U.S.C. 24301) disclaims agency/instrumentality status and directs that Amtrak be operated as a for-profit corporation, but courts treat it as governmental for constitutional purposes (Lebron v. National Railroad Passenger Corp., 513 U.S. 374 (1995); DOT v. Assn. of American Railroads, 575 U.S. 43 (2015)). Board members have no statutory for-cause removal protection; the 2003 DOJ OLC opinion treats them as removable by the President at will.
What it does
Amtrak is a federally chartered, for-profit government corporation that runs intercity passenger trains across the United States, including the Northeast Corridor and long-distance and state-supported routes. The federal government owns nearly all of its stock and funds it through annual appropriations. Its board comprises the Secretary of Transportation (voting), the CEO (nonvoting), and eight presidentially appointed, Senate-confirmed members.
Transportation
How it fits
Created by Congress under the Rail Passenger Service Act of 1970 (Pub. L. 91-518; 49 U.S.C. ch. 243 (sections 24301 et seq.)), it acts within the authority that statute grants. Its actions are subject to judicial review and to congressional oversight and funding.
Recent actions
Freedom of Information Act Program
Revision of the Freedom of Information Act Regulations of the National Railroad Passenger Corporation
Revision of the Freedom of Information Act Regulations of the National Railroad Passenger Corporation
Revision of the Freedom of Information Act Regulations and Implementation of the Electronic Freedom of Information Act Amendments of 1996
Revision of the Freedom of Information Act Regulations of the National Railroad Passenger Corporation and Implementation of the Electronic Freedom of Information Act Amendments of 1996 (Public Law 104-231)