[Congressional Record Volume 170, Number 183 (Tuesday, December 10, 2024)]
[House]
[Pages H6578-H6579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMTRAK TRANSPARENCY AND ACCOUNTABILITY FOR PASSENGERS AND TAXPAYERS ACT
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.
[[Page H6579]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Utah (Ms. Maloy) and the gentlewoman from Alaska (Mrs. Peltola) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Utah.
General Leave
Ms. MALOY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material in the Record on H.R. 8692.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Utah?
There was no objection.
Ms. MALOY. Mr. Speaker, I yield myself such time as I may consume.
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.
Mrs. PELTOLA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 8692. This bill requires
Amtrak's board of directors to hold open meetings, ensures the public
is notified of upcoming meetings, and allows the public to observe
board meetings.
The bill increases transparency and allows exceptions when certain
sensitive financial and contractual obligations are discussed,
including contract negotiations with Amtrak's workers.
Transparency is important, and the concept of open board meetings has
support from the Rail Passengers Association and the States for
Passenger Rail Coalition.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Ms. MALOY. Mr. Speaker, I yield 5 minutes to the gentleman from Texas
(Mr. Nehls).
Mr. NEHLS. Mr. Speaker, H.R. 8692, the Amtrak Transparency and
Accountability for Passengers and Taxpayers Act, is essential
legislation for mandating transparency from Amtrak.
This bill applies the Government in the Sunshine Act of 1976 to
Amtrak, requiring meetings of its board of directors to be open to
public observation with certain exceptions.
Amtrak's status as a governmental entity for the purposes of the
Sunshine Act is beyond dispute. All its voting board members are
nominated by the President and confirmed by the Senate. It shares
characteristics with other government-created and -sponsored entities
that require board of director meetings to be open.
Amtrak receives substantial taxpayer support. Never in its more than
50-year history has it made a profit, and now it has access to more
than $66 billion. That is with a b, Mr. Speaker. For those of you
upstairs, that is $66 billion in taxpayer support through the Biden
administration's infrastructure law.
How this funding will be utilized and how Amtrak is managed is of
great importance to its customers, employees, and taxpayers at large.
It is often said that sunshine is the best disinfectant. Opening up
many of Amtrak's board of director meetings will better ensure that its
decisions are made in the best interest of the public. With so much at
stake, Amtrak should not be the exception to transparency.
Mr. Speaker, I am grateful to Chairman Graves and the members of the
House Transportation and Infrastructure Committee for supporting H.R.
8692, and I urge support of this legislation.
Mrs. PELTOLA. Mr. Speaker, this bill will increase transparency of
Amtrak decisions as Amtrak uses Federal funding to improve operations,
and I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Utah (Ms. Maloy) that the House suspend the rules and
pass the bill, H.R. 8692, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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