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49 U.S.C. § 24322Rolling stock purchases

submitted 11 years ago by Pub. L. 114-94 to r/title-49-TRANSPORTATION · 242 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before signing a rolling-stock contract over $100 million, Amtrak must send Congress a business case analysis. The analysis must cover costs, benefits, funding sources, and backup plans if funding falls through. Amtrak doesn't have to reveal a vendor's confidential pricing before signing the contract.

(a) In General — Before signing any contract worth more than $100,000,000 to buy rolling stock or locomotives, Amtrak must send a business case analysis to the Secretary of Transportation and four congressional committees (Senate Commerce, Senate Appropriations, House Transportation and Infrastructure, House Appropriations), explaining why the purchase is worthwhile. (b) Contents — The business case analysis must: (1) compare the total lifecycle costs against expected benefits in revenue, efficiency, reliability, and other factors; (2) list the total payments due each fiscal year; (3) identify exactly where the money for each payment will come from — federal funds, state funds, Amtrak's own profits, loans or loan guarantees, or other sources; (4) explain whether any payment will increase Amtrak's funding request in a particular year's annual report under section 24315(b); and (5) describe how Amtrak would adjust the purchase if expected future funding doesn't come through. (c) Rule of Construction — Nothing here forces Amtrak to reveal a vendor's confidential pricing or other sensitive business details before signing the contract, and nothing here stops Amtrak from signing the contract after it submits the business case analysis.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.

(b)Contents.—

The business case analysis shall—

(1)

include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;

(2)

set forth the total payments by fiscal year;

(3)

identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;

(4)

include an explanation of whether any payment under the contract will increase Amtrak’s funding request in its general and legislative annual report required under section 24315(b) in a particular fiscal year; and

(5)

describe how Amtrak will adjust the procurement if future funding is not available.

(c)Rule of Construction.—

Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution or prohibiting Amtrak from entering into a contract after submission of a business case analysis under subsection (a).

Source credit: (Added Pub. L. 114–94, div. A, title XI, § 11208(a), Dec. 4, 2015, 129 Stat. 1639.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-94 · 129 Stat. 1639

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-94 on 2015-12-04.

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