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119th Congress

Title 49 — Transportation

Chapter 53 — Public Transportation

§ 5315. Private sector participation

Statutory text

(a)

General Purposes.—

In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall—

(1)

better coordinate public and private sector-provided public transportation services;

(2)

promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and

(3)

promote transparency and public understanding of public-private partnerships affecting public transportation.

(b)

Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.—

The Secretary shall—

(1)

provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and

(2)

educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.

(c)

Actions to Provide Technical Assistance for Alternative Project Delivery Methods.—

Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall—

(1)

identify best practices for public-private partnerships models in the United States and in other countries;

(2)

develop standard public-private partnership transaction model contracts; and

(3)

perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.

(d)

Rule of Construction.—

Nothing in this section shall be construed to alter—

(1)

the eligibilities, requirements, or priorities for assistance provided under this chapter; or

(2)

the requirements of section 5306(a).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(d) · 108 Stat. 745

    Enacted · 49 U.S.C. § 5315

    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 813

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 813

    Enacted provision · exact public law section
    (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 104–287 § 5(13) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 5315(d)

    Pub. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.

    Enacted provision · exact public law section
    (13) Section 5315(d) is amended by striking “5304 and 5306” and substituting “5307 and 5309”.

  3. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(1) · 112 Stat. 107

    Substituted · 49 U.S.C. § 5315

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

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 3017(a)(1), as amended by Pub. L. 105–206 substituted “transit” for “mass transportation” in section catchline.

    Enacted provision · exact public law section
    (1) in paragraph (5) by inserting “and architectural design” before the semicolon at the end;

  4. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(2)(A) · 112 Stat. 107

    Substituted · 49 U.S.C. § 5315(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “carrying out” and inserting “delivering”;

  5. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(2)(B) · 112 Stat. 107

    Inserted · 49 U.S.C. § 5315(a)(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “carrying out” and inserting “delivering”;

  6. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(2)(C) · 112 Stat. 107

    Substituted · 49 U.S.C. § 5315(a)(7)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “carrying out” and inserting “delivering”;

  7. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(2)(D) · 112 Stat. 107

    Inserted · 49 U.S.C. § 5315(a)(11)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “carrying out” and inserting “delivering”;

  8. Federal Transit Act of 1998

    Pub. L. 105–178 § 3017(a)(2)(E) · 112 Stat. 107

    Added · 49 U.S.C. § 5315(a)(15); 49 U.S.C. § 5315(a)(16)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (7) by striking “carrying out” and inserting “delivering”;

  9. Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3017(a) · 119 Stat. 1144

    1. Added · 49 U.S.C. § 5315(a); 49 U.S.C. § 5315(b)

      Pub. L. 109–59, § 3017(a), added subsecs. (a) and (b)

    2. Struck · 49 U.S.C. § 5315(a); 49 U.S.C. § 5315(b)

      Pub. L. 109–59, § 3017(a), struck out former subsecs. (a) and (b), 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. (b)

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 109–59, § 3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), 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. (b).

    Enacted provision · exact public law section
    (a) Establishment and Duties.— Section 5315 is amended by striking subsections (a) and (b) and inserting the following: “(a) Establishment.— The Secretary shall award grants to Rutgers University to conduct a national transit institute. “(b) Duties.— “(1) In general.— In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under subsection (a) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work. “(2) Training and educational programs.— The training and educational programs developed under paragraph (1) may include courses in recent developments, techniques, and procedures related to— “(A) intermodal and public transportation planning; “(B) management; “(C) environmental factors; “(D) acquisition and joint use rights-of-way; “(E) engineering and architectural design; “(F) procurement strategies for public transportation systems; “(G) turnkey approaches to delivering public transportation systems; “(H) new technologies; “(I) emission reduction technologies; “(J) ways to make public transportation accessible to individuals with disabilities; “(K) construction, construction management, insurance, and risk management; “(L) maintenance; “(M) contract administration; “(N) inspection; “(O) innovative finance; “(P) workplace safety; and “(Q) public transportation security.” .

  10. Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3017(b) · 119 Stat. 1144

    Struck · 49 U.S.C. § 5315(d)

    Pub. L. 109–59, § 3017(b), struck out “mass” after “public” in two places

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–59, § 3017(b), struck out “mass” after “public” in two places.

    Enacted provision · exact public law section
    (b) Availability of Amounts.— Section 5315(d) is amended by striking “mass” each place it appears.

  11. Federal Public Transportation Act of 2012

    Pub. L. 112–141 div. B § 20013(a) · 126 Stat. 405

    Amended · 49 U.S.C. § 5315

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

    Source evidence

    Code amendment note
    Pub. L. 112–141 amended section generally. Prior to amendment, section related to national transit institute.

    Enacted provision · exact public law section
    (a) In General.— Section 5315 of title 49, United States Code, is amended to read as follows: “§ 5315. Private sector participation “(a) General Purposes.— In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall— “(1) better coordinate public and private sector-provided public transportation services; “(2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and “(3) promote transparency and public understanding of public-private partnerships affecting public transportation. “(b) Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.— The Secretary shall— “(1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and “(2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation. “(c) Actions to Provide Technical Assistance for Alternative Project Delivery Methods.— Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall— “(1) identify best practices for public-private partnerships models in the United States and in other countries; “(2) develop standard public-private partnership transaction model contracts; and “(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.” .

  12. Federal Public Transportation Act of 2015

    Pub. L. 114–94 div. A title III § 3010(a) · 129 Stat. 1312

    Added · 49 U.S.C. § 5315(d)

    Pub. L. 114–94 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–94 added subsec. (d).

    Enacted provision · exact public law section
    (a) In General.— Section 5315 of title 49, United States Code, is amended by adding at the end the following: “(d) Rule of Construction.— Nothing in this section shall be construed to alter— “(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or “(2) the requirements of section 5306(a).” .

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

13 of 13 references resolved to an enrolled provision

Notes

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

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.

Pub. L. 104–287

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

Editorial Notes

Amendments1996–2015 · 5 rounds

2015

Subsec. (d). Pub. L. 114–94 added subsec. (d).

2012

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

2005

Subsecs. (a), (b). Pub. L. 109–59, § 3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), 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. (b).

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

1998

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

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

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

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

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

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

1996

Subsec. (d). Pub. 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 Pub. L. 114–94 effective , see section 1003 of Pub. 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 Pub. L. 112–141 effective , see section 3(a) of Pub. 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 Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before , that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 Amendment

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

Public-Private Partnership Procedures and Approaches

Pub. L. 112–141, div. B, § 20013(b), , 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), (b) of Pub. 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.”

Credits

1994–2015 · 7 acts
  1. 1994Pub. L. 103–272, § 1(d), , 108 Stat. 813
  2. 1996Pub. L. 104–287, § 5(13), , 110 Stat. 3390
  3. 1998Pub. L. 105–178, title III, § 3017(a), , 112 Stat. 361
  4. 1998Pub. L. 105–206, title IX, § 9009(l), , 112 Stat. 857
  5. 2005Pub. L. 109–59, title III, § 3017, , 119 Stat. 1600
  6. 2012Pub. L. 112–141, div. B, § 20013(a), , 126 Stat. 692
  7. 2015Pub. L. 114–94, div. A, title III, § 3010(a), , 129 Stat. 1474.
Show as published

(Pub. L. 103–272, § 1(d), , 108 Stat. 813; Pub. L. 104–287, § 5(13), , 110 Stat. 3390; Pub. L. 105–178, title III, § 3017(a), , 112 Stat. 361; Pub. L. 105–206, title IX, § 9009(l), , 112 Stat. 857; Pub. L. 109–59, title III, § 3017, , 119 Stat. 1600; Pub. L. 112–141, div. B, § 20013(a), , 126 Stat. 692; Pub. L. 114–94, div. A, title III, § 3010(a), , 129 Stat. 1474.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s5315