§ 5323. — General provisions on assistance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5323]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5323. General provisions on assistance
(a) Interests in Property.--(1) Financial assistance provided under
this chapter to a State or a local governmental authority may be used to
acquire an interest in, or buy property of, a private mass
transportation company, for a capital project for property acquired from
a private mass transportation company after July 9, 1964, or to operate
mass transportation equipment or a mass transportation facility in
competition with, or in addition to, transportation service provided by
an existing mass transportation company, only if--
(A) the Secretary of Transportation finds the assistance is
essential to a program of projects required under sections 5303-5306
of this title;
(B) the Secretary of Transportation finds that the program, to
the maximum extent feasible, provides for the participation of
private mass transportation companies;
(C) just compensation under State or local law will be paid to
the company for its franchise or property; and
(D) the Secretary of Labor certifies that the assistance
complies with section 5333(b) of this title.
(2) A governmental authority may not use financial assistance of the
United States Government to acquire land, equipment, or a facility used
in mass transportation from another governmental authority in the same
geographic area.
(b) Notice and Public Hearing.--(1) An application for a grant or
loan under this chapter for a capital project that will affect
substantially a community, or the mass transportation service of a
community, must include a certificate of the applicant that the
applicant has--
(A) provided an adequate opportunity for a public hearing with
adequate prior notice;
(B) held that hearing unless no one with a significant economic,
social, or environmental interest requested one;
(C) considered the economic, social, and environmental effects
of the project; and
(D) found that the project is consistent with official plans for
developing the urban area.
(2) Notice of a hearing under this subsection shall include a
concise description of the proposed project and shall be published in a
newspaper of general circulation in the geographic area the project will
serve. If a hearing is held, a copy of the transcript of the hearing
shall be submitted with the application.
(c) Acquiring New Bus Models.--Amounts appropriated or made
available under this chapter after September 30, 1989, may be obligated
or expended to acquire a new bus model only if a bus of the model has
been tested at the facility established under section 5318 of this
title.
(d) Condition on Charter Bus Transportation Service.--(1) Financial
assistance under this chapter may be used to buy or operate a bus only
if the applicant, governmental authority, or publicly owned operator
that receives the assistance agrees that, except as provided in the
agreement, the governmental authority or an operator of mass
transportation for the governmental authority will not provide charter
bus transportation service outside the urban area in which it provides
regularly scheduled mass transportation service. An agreement shall
provide for a fair arrangement the Secretary of Transportation considers
appropriate to ensure that the assistance will not enable a governmental
authority or an operator for a governmental authority to foreclose a
private operator from providing intercity charter bus service if the
private operator can provide the service.
(2) On receiving a complaint about a violation of an agreement, the
Secretary of Transportation shall investigate and decide whether a
violation has occurred. If the Secretary decides that a violation has
occurred, the Secretary shall correct the violation under terms of the
agreement. In addition to a remedy specified in the agreement, the
Secretary may bar a recipient under this subsection or an operator from
receiving further assistance when the Secretary finds a continuing
pattern of violations of the agreement.
(e) Bus Passenger Seat Functional Specifications.--The initial
advertising by a State or local governmental authority for bids to
acquire buses using financial assistance under this chapter may include
passenger seat functional specifications that are at least equal to
performance specifications the Secretary of Transportation prescribes.
The specifications shall be based on a finding by the State or local
governmental authority of local requirements for safety, comfort,
maintenance, and life cycle costs.
(f) Schoolbus Transportation.--(1) Financial assistance under this
chapter may be used for a capital project, or to operate mass
transportation equipment or a mass transportation facility, only if the
applicant agrees not to provide schoolbus transportation that
exclusively transports students and school personnel in competition with
a private schoolbus operator. This subsection does not apply--
(A) to an applicant that operates a school system in the area to
be served and a separate and exclusive schoolbus program for the
school system;
(B) unless a private schoolbus operator can provide adequate
transportation that complies with applicable safety standards at
reasonable rates; and
(C) to a State or local governmental authority if it or a direct
predecessor in interest from which it acquired the duty of
transporting school children and personnel, and facilities to
transport them, provided schoolbus transportation at any time after
November 25, 1973, but before November 26, 1974.
(2) An applicant violating an agreement under this subsection may
not receive other financial assistance under this chapter.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f) of this
section apply to financial assistance to buy a bus under sections
103(e)(4) \1\ and 142(a) or (c) of title 23. However, subsection
(f)(1)(C) of this section applies to sections 103(e)(4) \1\ and 142(a)
or (c) only if schoolbus transportation was provided at any time after
August 12, 1972, but before August 13, 1973.
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\1\ See References in Text note below.
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(h) Grant and Loan Prohibitions.--A grant or loan may not be used
to--
(1) pay ordinary governmental or nonproject operating expenses;
or
(2) support a procurement that uses an exclusionary or
discriminatory specification.
(i) Government Share of Costs for Certain Projects.--A grant for a
project to be assisted under this chapter that involves acquiring
vehicle-related equipment required by the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment
(including clean fuel or alternative fuel vehicle-related equipment) for
purposes of complying with or maintaining compliance with the Clean Air
Act, is for 90 percent of the net project cost of such equipment
attributable to compliance with those Acts. The Secretary shall have
discretion to determine, through practicable administrative procedures,
the costs of such equipment attributable to compliance with those Acts.
(j) Buy America.--(1) The Secretary of Transportation may obligate
an amount that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used in the
project are produced in the United States.
(2) The Secretary of Transportation may waive paragraph (1) of this
subsection if the Secretary finds that--
(A) applying paragraph (1) would be inconsistent with the public
interest;
(B) the steel, iron, and goods produced in the United States are
not produced in a sufficient and reasonably available amount or are
not of a satisfactory quality;
(C) when procuring rolling stock (including train control,
communication, and traction power equipment) under this chapter--
(i) the cost of components and subcomponents produced in the
United States is more than 60 percent of the cost of all
components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in the
United States; or
(D) including domestic material will increase the cost of the
overall project by more than 25 percent.
(3) In this subsection, labor costs involved in final assembly are
not included in calculating the cost of components.
(4) The Secretary of Transportation may not make a waiver under
paragraph (2) of this subsection for goods produced in a foreign country
if the Secretary, in consultation with the United States Trade
Representative, decides that the government of that foreign country--
(A) has an agreement with the United States Government under
which the Secretary has waived the requirement of this subsection;
and
(B) has violated the agreement by discriminating against goods
to which this subsection applies that are produced in the United
States and to which the agreement applies.
(5) A person is ineligible under subpart 9.4 of chapter 1 of title
48, Code of Federal Regulations, to receive a contract or subcontract
made with amounts authorized under the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914) if a court
or department, agency, or instrumentality of the Government decides the
person intentionally--
(A) affixed a ``Made in America'' label, or a label with an
inscription having the same meaning, to goods sold in or shipped to
the United States that are used in a project to which this
subsection applies but not produced in the United States; or
(B) represented that goods described in clause (A) of this
paragraph were produced in the United States.
(6) The Secretary of Transportation may not impose any limitation on
assistance provided under this chapter that restricts a State from
imposing more stringent requirements than this subsection on the use of
articles, materials, and supplies mined, produced, or manufactured in
foreign countries in projects carried out with that assistance or
restricts a recipient of that assistance from complying with those
State-imposed requirements.
(7) Opportunity to correct inadvertent error.--The Secretary may
allow a manufacturer or supplier of steel, iron, or manufactured goods
to correct after bid opening any certification of noncompliance or
failure to properly complete the certification (but not including
failure to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or supplier.
(k) Participation of Governmental Agencies in Design and Delivery of
Transportation Services.--To the extent feasible, governmental agencies
and nonprofit organizations that receive assistance from Government
sources (other than the Department of Transportation) for nonemergency
transportation services--
(1) shall participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
(2) shall be included in the planning for those services.
(l) Application of Section 135 of Title 23.--The planning and
programming requirements of section 135 of title 23 apply to a grant
made under sections 5307-5311 of this title.
(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
The Secretary of Transportation shall prescribe regulations requiring a
preaward and postdelivery review of a grant under this chapter to buy
rolling stock to ensure compliance with Government motor vehicle safety
requirements, subsection (j) of this section, and bid specifications
requirements of grant recipients under this chapter. Under this
subsection, independent inspections and review are required, and a
manufacturer certification is not sufficient.
(n) Submission of Certifications.--A certification required under
this chapter and any additional certification or assurance required by
law or regulation to be submitted to the Secretary may be consolidated
into a single document to be submitted annually as part of a grant
application under this chapter. The Secretary shall publish annually a
list of all certifications required under this chapter with the
publication required under section 5336(e)(2).
(o) Grant Requirements.--The grant requirements under sections 5307
and 5309 apply to any project under this chapter that receives any
assistance or other financing under the Transportation Infrastructure
Finance and Innovation Act of 1998.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103-
429, Sec. 6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104-287,
Sec. 5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105-178, title III,
Sec. 3020, June 9, 1998, 112 Stat. 362.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5323(a)(1)............................ 49 App.:1602(e). July 9, 1964, Pub. L. 88-365, Sec.
3(e), 78 Stat. 303; Sept. 8, 1966,
Pub. L. 89-562, Sec. 2(b)(1), 80
Stat. 716; May 25, 1967, Pub. L. 90-
19, Sec. 20(a), 81 Stat. 25; Oct. 15,
1970, Pub. L. 91-453, Sec. 2(1), 84
Stat. 962; Nov. 6, 1978, Pub. L. 95-
599, Sec. 302(c), 92 Stat. 2737.
5323(a)(2)............................ 49 App.:1608(e). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(e), (g); added Nov. 6,
1978, Pub. L. 95-599, Sec. 308(d), 92
Stat. 2747.
5323(b)............................... 49 App.:1602(d). July 9, 1964, Pub. L. 88-365, Sec.
3(d), 78 Stat. 303; May 25, 1967, Pub.
L. 90-19, Sec. 20(a), 81 Stat. 25;
restated Oct. 15, 1970, Pub. L. 91-
453, Sec. 2(2), 84 Stat. 964.
5323(c)............................... 49 App.:1608(h)(1). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(h)(1); added Apr. 2,
1987, Pub. L. 100-17, Sec. 317(a),
101 Stat. 233.
5323(d)............................... 49 App.:1602(f). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 3(f); added Jan. 4, 1974,
Pub. L. 93-650, Sec. 1(a), 89 Stat. 2-
1; Aug. 22, 1974, Pub. L. 93-383, Sec.
813(a), 88 Stat. 737; Nov. 26, 1974,
Pub. L. 93-503, Sec. 109(b), 88 Stat.
1573.
5323(e)............................... 49 App.:1608(g).
5323(f)............................... 49 App.:1602(g). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 3(g); added Nov. 26, 1974,
Pub. L. 93-503, Sec. 109(a), 88 Stat.
1572.
5323(g)............................... 49 App.:1602a. Aug. 13, 1973, Pub. L. 93-87, Sec.
164, 87 Stat. 281; Jan. 4, 1974, Pub.
L. 93-650, Sec. 1(b), 89 Stat. 2-1;
Aug. 22, 1974, Pub. L. 93-383, Sec.
813(b), 88 Stat. 737.
5323(h)............................... 49 App.:1602(a)(2)(C). July 9, 1964, Pub. L. 88-365, Sec.
3(a)(2)(C), 78 Stat. 303; May 25,
1967, Pub. L. 90-19, Sec. 20(a), 81
Stat. 25; Oct. 15, 1970, Pub. L. 91-
453, Sec. 2(2), 84 Stat. 962; Nov.
26, 1974, Pub. L. 93-503, Secs. 102,
104, 106, 88 Stat. 1566, 1571, 1572;
restated Nov. 6, 1978, Pub. L. 95-599,
Sec. 302(a), 92 Stat. 2736.
5323(i)............................... 49 App.:1608(m). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(m); added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3020, 105 Stat.
2110.
5323(j)(1)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, Sec.
165(a) (related to the Urban Mass
Transportation Act of 1964), 96 Stat.
2136; Mar. 9, 1984, Pub. L. 98-229,
Sec. 10, 98 Stat. 57; Dec. 18, 1991,
Pub. L. 102-240, Sec. 1048(a), 105
Stat. 1999.
5323(j)(2)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, Sec.
165(b) (related to the Urban Mass
Transportation Act of 1964), 96 Stat.
2137; Apr. 2, 1987, Pub. L. 100-17,
Secs. 133(a)(6), 337(a)(1), (b), (c),
101 Stat. 171, 241.
5323(j)(3)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, Sec.
165(c) (related to the Urban Mass
Transportation Act of 1964), 96 Stat.
2137.
5323(j)(4)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, 96 Stat.
2097, Sec. 165(g) (related to the
Urban Mass Transportation Act of
1964); added Dec. 18, 1991, Pub. L.
102-240, Sec. 1048(b), 105 Stat.
2000.
5323(j)(5)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, 96 Stat.
2097, Sec. 165(f) (related to the
Urban Mass Transportation Act of
1964); added Dec. 18, 1991, Pub. L.
102-240, Sec. 1048(b), 105 Stat.
1999.
5323(j)(6)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, Sec.
165(d) (related to the Urban Mass
Transportation Act of 1964), 96 Stat.
2137.
5323(j)(7)............................ 23:101 (note). Jan. 6, 1983, Pub. L. 97-424, 96 Stat.
2097, Sec. 165(e) (related to the
Urban Mass Transportation Act of
1964); added Dec. 18, 1991, Pub. L.
102-240, Sec. 1048(b), 105 Stat.
1999.
5323(k)............................... 49 App.:1607(q). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 8(q); added Oct. 6, 1992,
Pub. L. 102-388, Sec. 502(i), 106
Stat. 1566.
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In subsection (a)(1), before clause (A), the words ``directly or
indirectly'', ``any facilities or other'', ``reconstructing'', and ``for
the purpose of providing by contract or otherwise'' are omitted as
surplus. In clause (C), the words ``and adequate'', ``acquisition of'',
and ``applicable'' are omitted as surplus. In clause (D), the words
``the requirements of'' are omitted as surplus.
In subsection (a)(2), the words ``may not use'' are substituted for
``None of the provisions of this chapter shall be construed to
authorize'' to eliminate unnecessary words. The words ``the purpose of
financing'' are omitted as surplus.
In subsections (b)(1), (c), and (e), the words ``except section
5307'' are added for clarity because of 49 App.:1607a(e)(1), restated as
section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word ``reconstruction''
is omitted as surplus. In clause (B), the words ``in the matter'' are
omitted as surplus. In clause (C), the word ``environmental'' is
substituted for ``and its impact on the environment'' to eliminate
unnecessary words. In clause (D), the word ``comprehensive'' is omitted
as surplus.
In subsection (b)(2), the word ``description'' is substituted for
``statement'' for clarity.
In subsections (d)-(f) and (h), the word ``Federal'' is omitted as
surplus.
In subsections (d) and (f), the word ``provide'' is substituted for
``engage in'', and the word ``transportation'' is substituted for
``operations'', for consistency.
In subsection (d)(1), the words ``with the Secretary'', ``and
equitable'', and ``publicly and privately owned'' are omitted as
surplus.
In subsection (d)(2), the words ``alleged'', ``take appropriate
action to'', ``and conditions'', and ``for mass transportation
facilities and equipment'' are omitted as surplus.
In subsection (e), the words ``This subsection shall apply to'' and
``which is acquiring such buses'' are omitted as surplus. The words
``occurring on or after November 6, 1978'' are omitted as executed. The
words ``In the case of'' are omitted as surplus. The words ``may
include'' are substituted for ``the Secretary shall permit . . . to
provide in advertising for bids for'' to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words ``for use in
providing public'', ``to any applicant for such assistance'', and ``and
the Secretary'' are omitted as surplus. The word ``agrees'' is
substituted for ``shall have first entered into an agreement that such
applicant'' to eliminate unnecessary words. In clause (A), the words
``with respect to operation of a schoolbus program'' are omitted as
surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate
unnecessary words.
In subsection (j), the word ``goods'' is substituted for
``products'' for consistency.
In subsection (j)(1), the words ``Notwithstanding any other
provision of law'' are omitted as surplus.
In subsection (j)(2), before clause (A), the words ``The Secretary
of Transportation may waive'' are substituted for ``shall not apply''
for clarity. In clause (B), the words ``steel, iron, and goods'' are
substituted for ``materials and products'' for consistency. In clause
(C), before subclause (i), the words ``bus and other'' are omitted as
surplus. In subclauses (i) and (ii), the words ``rolling stock'' are
substituted for ``vehicle or equipment'' for consistency. In clause (D),
the word ``contract'' is omitted as surplus.
In subsection (j)(4), before clause (A), the words ``The Secretary
of Transportation may not make a waiver under'' are substituted for
``shall not apply'' for clarity. The words ``government of a foreign
country'' are substituted for ``foreign country'', and the word
``Government'' is added, for consistency in the revised title and with
other titles of the United States Code.
In subsection (j)(5), before clause (A), the words ``the debarment,
suspension, and ineligibility procedures in'' are omitted as surplus.
The words ``department, agency, or instrumentality of the Government''
are substituted for ``Federal agency'' for consistency in the revised
title and with other titles of the Code. In clause (A), the word
``produced'' is substituted for ``made'' for consistency.
In subsection (k), the word ``statewide'' is omitted as surplus.
Pub. L. 103-429, Sec. 6(10)(A)
This makes a clarifying amendment to the catchline for 49:5323(j).
Pub. L. 103-429, Sec. 6(10)(B)
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5323(l)............................... 49 App.:1608(j). July 9, 1964, Pub. L. 88-365, Sec.
12(j), as added Apr. 2, 1987, Pub. L.
100-17, Sec. 319, 101 Stat. 234.
----------------------------------------------------------------------------------------------------------------
The word ``review'' is substituted for ``audit'' for clarity. The
words ``buses and other'' are omitted as surplus.
Pub. L. 104-287
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to
correct erroneous cross-references.
References in Text
Section 103 of title 23, referred to in subsec. (g), was amended
generally by Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998, 112
Stat. 131, and, as so amended, no longer contains a subsec. (e)(4).
The Americans with Disabilities Act of 1990, referred to in subsec.
(i), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which
is classified principally to chapter 126 (Sec. 12101 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 12101 of
Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i), is act July 14, 1955,
ch. 360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
The Intermodal Surface Transportation Efficiency Act of 1991,
referred to in subsec. (j)(5), is Pub. L. 102-240, Dec. 18, 1991, 105
Stat. 1914. For complete classification of this Act to the Code, see
Short Title of 1991 Amendment note set out under section 101 of this
title and Tables.
The Transportation Infrastructure Finance and Innovation Act of
1998, referred to in subsec. (o), is chapter 1 (Secs. 1501-1504) of
subtitle E of title I of Pub. L. 105-178, June 9, 1998, 112 Stat. 241,
which is classified principally to subchapter II (Sec. 181 et seq.) of
chapter 1 of Title 23, Highways. For complete classification of this Act
to the Code, see Short Title of 1998 Amendment note set out under
section 101 of Title 23 and Tables.
Amendments
1998--Subsec. (d). Pub. L. 105-178, Sec. 3020(a), substituted
``Condition on Charter Bus Transportation Service'' for ``Buying and
Operating Buses'' in heading.
Subsec. (i). Pub. L. 105-178, Sec. 3020(c), amended heading and text
of subsec. (i) generally. Prior to amendment, text read as follows: ``A
Government grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment required by the Clean Air
Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost
of the equipment that is attributable to complying with those Acts. The
Secretary of Transportation, through practicable administrative
procedures, may determine the costs attributable to that equipment.''
Subsec. (j)(7). Pub. L. 105-178, Sec. 3020(b), inserted heading and
amended text of par. (7) generally. Prior to amendment, text read as
follows: ``Not later than January 1, 1995, the Secretary of
Transportation shall submit to Congress a report on purchases from
foreign entities waived under paragraph (2) of this subsection in the
fiscal years ending September 30, 1992, and September 30, 1993. The
report shall indicate the dollar value of items for which waivers were
granted.''
Subsecs. (k) to (m). Pub. L. 105-178, Sec. 3020(d), added subsec.
(k) and redesignated former subsecs. (k) and (l) as (l) and (m),
respectively.
Subsec. (n). Pub. L. 105-178, Sec. 3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105-178, Sec. 3020(f), added subsec. (o).
1996--Subsecs. (b)(1), (c), (e). Pub. L. 104-287 struck out
``(except section 5307)'' after ``under this chapter''.
1994--Subsec. (j). Pub. L. 103-429, Sec. 6(10)(A), substituted
``America'' for ``American'' in heading.
Subsec. (l). Pub. L. 103-429, Sec. 6(10)(B), added subsec. (l).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this
title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Final Assembly of Buses
Pub. L. 105-178, title III, Sec. 3035, June 9, 1998, 112 Stat. 387,
provided that:
``(a) In General.--All buses manufactured on or after September 1,
1999, that are purchased with Federal funds by recipients of assistance
from the Federal Transit Administration shall conform with the Federal
Transit Administration Guidance on Buy America Requirements, dated March
18, 1997.
``(b) Rule of Construction.--For purposes of this section, a bus
shall be considered to be manufactured on or after September 1, 1999, if
the manufacturing process for that bus is not completed on or before
August 31, 1999.''
Section Referred to in Other Sections
This section is referred to in sections 5307, 5311, 5314, 5324,
5333, 5334, 5336 of this title; title 23 sections 135, 142.
