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49 U.S.C. § 5323

General provisions

United States · Title 49 — TRANSPORTATION · Status: effective

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49 U.S.C. § 5323, General provisions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/490022
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Full text

Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if— Financial assistance under this chapter may be used for a capital project, or to operate public transportation equipment or a public 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 grant or loan may not be used to— In this paragraph, the following definitions apply: The term “commuter highway vehicle or vanpool vehicle” means any vehicle— The Secretary may waive paragraph (1) of this subsection if the Secretary finds that— when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter— the cost of components and subcomponents produced in the United States— Before issuing a waiver under paragraph (2), the Secretary shall— If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that— The Secretary 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 person is ineligible under subpart 9.4 of the Federal Acquisition Regulation, or any successor thereto, to receive a contract or subcontract made with amounts authorized under the Federal Public Transportation Act of 2015 if a court or department, agency, or instrumentality of the Government decides the person intentionally— Governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall— A recipient of assistance under this chapter may allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if— If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part— Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock— is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that— For purposes of paragraph (1), the term “otherwise related legally or financially” does not include— For the process required under paragraph (1), a recipient of assistance under this chapter shall— Nothing in this subsection shall be construed to interfere with the authority of—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 103-272(H.R. 1758)1994-07-05
    To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-429(H.R. 4778)1994-10-31
    To codify without substantive change recent laws related to transportation and to improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-287(H.R. 2297)1996-10-11
    To codify without substantive change laws related to transportation and to improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-178(H.R. 2400)1998-06-09
    Transportation Equity Act for the 21st Century
  • Amended byPub. L. 109-59(H.R. 3)2005-08-10
    SAFETEA-LU
  • Amended byPub. L. 110-244(H.R. 1195)2008-06-06
    SAFETEA-LU Technical Corrections Act of 2008
    House: no recorded tallySenate: 88–2
  • Amended byPub. L. 112-141(H.R. 4348)2012-07-06
    MAP-21
  • Amended byPub. L. 114-94(H.R. 22)2015-12-04
    FAST Act
  • Amended byPub. L. 116-92(S. 1790)2019-12-20
    National Defense Authorization Act for Fiscal Year 2020
  • Amended byPub. L. 117-58(H.R. 3684)2021-11-15
    Infrastructure Investment and Jobs Act