Amtrak Transparency and Accountability for Passengers and Taxpayers Act

Floor Speech

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Ms. MALOY. Mr. Speaker, I move to suspend the rules and pass 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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 8692

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.''.

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Ms. MALOY. 8692.

Mr. Speaker, the Government in the Sunshine Act, or Sunshine Act, was established to increase the public's confidence in its government.

Under the Sunshine Act, meetings of government agencies must be open to the public unless one of the statute's exemptions apply.

The act defines an agency as one headed by a collegial body, a majority of whose members are nominated by the President, and whose appointment is subject to advice and consent of the Senate. This clearly describes Amtrak.

The need for full transparency at Amtrak has never been greater. Here are just a few examples.

First, last fiscal year, Amtrak reported operating losses of $757 million. These were losses made up for by taxpayers. Its Acela II train sets are more than 3 years behind schedule, and the delays have cost Amtrak more than $140 million in lost revenues.

Additionally, the Northeast Corridor Commission estimates its state of good repair backlog on the Northeast Corridor exceeds $78.7 billion. Further, the Biden administration's infrastructure law provides for more than $66 billion in advanced appropriations that Amtrak can use to expand service, regardless of the need to make a profit.

With so much of the taxpayers' money in Amtrak's hands, there clearly needs to be more transparency and accountability for the decisions made by the passenger rail service's board, and this bill provides just that.

Mr. Speaker, I urge support of this legislation, and I reserve the balance of my time.
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Ms. MALOY. Mr. Speaker, H.R. 8692 represents an important step in providing much-needed transparency and accountability to meetings by Amtrak's board of directors and the decisions they make that involve billions of taxpayer dollars.

Mr. Speaker, I urge support of this bill, and I yield back the balance of my time.

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