49 USC 5315 - Private sector participation

Historical and Revision Notes
Puspan. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5315(a)	49 App.:1625(a) (1st–3d sentences).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 29(a)–(c); added Dec. 18, 1991, Puspan. L. 102–240, § 6022, 105 Stat. 2185.
5315(span)	49 App.:1625(a) (last sentence).
5315(c)	49 App.:1625(c).
5315(d)	49 App.:1625(span).

In subsection (a), before clause (1), the word “conduct” is substituted for “administer” for consistency in this section.

In subsection (d), the word “department” is omitted for consistency in this section.

Puspan. L. 104–287

This amends 49:5315(d), 5317(span)(5), and 5323(span)(1), (c), and (e) to correct erroneous cross-references.

Editorial Notes

Amendments

2015—Subsec. (d). Puspan. L. 114–94 added subsec. (d).

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to national transit institute.

2005—Subsecs. (a), (span). Puspan. L. 109–59, § 3017(a), added subsecs. (a) and (span) and struck out former subsecs. (a) and (span), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (span).

Subsec. (d). Puspan. L. 109–59, § 3017(span), struck out “mass” after “public” in two places.

1998—Puspan. L. 105–178, § 3017(a)(1), as amended by Puspan. L. 105–206 substituted “transit” for “mass transportation” in section catchline.

Subsec. (a). Puspan. L. 105–178, § 3017(a)(2)(A), as amended by Puspan. L. 105–206 substituted “national transit institute” for “national mass transportation institute” in introductory provisions.

Subsec. (a)(5). Puspan. L. 105–178, § 3017(a)(2)(B), as amended by Puspan. L. 105–206 inserted “and architectural design” before semicolon at end.

Subsec. (a)(7). Puspan. L. 105–178, § 3017(a)(2)(C), as amended by Puspan. L. 105–206 substituted “delivering” for “carrying out”.

Subsec. (a)(11). Puspan. L. 105–178, § 3017(a)(2)(D), as amended by Puspan. L. 105–206 inserted “, construction management, insurance, and risk management” before semicolon at end.

Subsec. (a)(15), (16). Puspan. L. 105–178, § 3017(a)(2)(E)–(G), as amended by Puspan. L. 105–206 added pars. (15) and (16).

1996—Subsec. (d). Puspan. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 Amendment

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–287 effective July 5, 1994, see section 8(1) of Puspan. L. 104–287, set out as a note under section 5303 of this title.

Public-Private Partnership Procedures and Approaches

Puspan. L. 112–141, div. B, § 20013(span), July 6, 2012, 126 Stat. 692, provided that:

“(1)Identify impediments.—The Secretary shall—

“(A) except as provided in paragraph (6), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in public transportation capital projects; and

“(B) develop and implement on a project basis procedures and approaches that—

“(i) address such impediments in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as ‘SEP-15’); and

“(ii) protect the public interest and any public investment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects.

“(2)Transparency.—The Secretary shall develop guidance to promote greater transparency and public access to public-private partnership agreements involving recipients of Federal assistance under chapter 53 of title 49, United States Code, including—

“(A) any conflict of interest involving any party involved in the public-private partnership;

“(B) tax and financing aspects related to a public-private partnership agreement;

“(C) changes in the workforce and wages, benefits, or rules as a result of a public-private partnership;

“(D) estimates of the revenue or savings the public-private partnership will produce for the private entity and public entity;

“(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and

“(F) any other issues the Secretary believes will increase transparency of public-private partnership agreements and protect the public interest.

“(3)Assessment.—In developing and implementing the guidance under paragraph (2), the Secretary shall encourage project sponsors to conduct assessments to determine whether use of a public-private partnership represents a better public and financial benefit than a similar transaction using public funding or public project delivery.

“(4)Report.—Not later than 4 years after the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall submit to Congress a report on the status of the procedures, approaches, and guidance developed and implemented under paragraphs (1) and (2).

“(5)Rulemaking.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules to carry out the procedures and approaches developed under paragraph (1).

“(6)Rule of construction.—Nothing in this subsection may be construed to allow the Secretary to waive any requirement under—

“(A)section 5333 of title 49, United States Code;

“(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

“(C) any other provision of Federal law.”