49 U.S.C. § 5315: Private sector participation

better coordinate public and private sector-provided public transportation services; promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and promote transparency and public understanding of public-private partnerships affecting public transportation. 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 educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation. identify best practices for public-private partnerships models in the United States and in other countries; develop standard public-private partnership transaction model contracts; and perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction. the eligibilities, requirements, or priorities for assistance provided under this chapter; or the requirements of section 5306(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 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 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. any conflict of interest involving any party involved in the public-private partnership; tax and financing aspects related to a public-private partnership agreement; changes in the workforce and wages, benefits, or rules as a result of a public-private partnership; estimates of the revenue or savings the public-private partnership will produce for the private entity and public entity; any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and any other issues the Secretary believes will increase transparency of public-private partnership agreements and protect the public interest. 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. 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). 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). section 5333 of title 49 , United States Code; the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); or any other provision of Federal law.”