Page:United States Statutes at Large Volume 108 Part 2.djvu/106

 108 STAT. 822 PUBLIC LAW 103-272—JULY 5, 1994 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 (except section 5307) 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. (0 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) and 142(a) or (c) of title 23. However, subsection (f)(1)(C) of this section applies to sections 103(e)(4) and 142(a) or (c) only if schoolbus transportation was provided at any time after August 12, 1972, but before August 13, 1973. (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'S SHARE OF COSTS FOR CERTAIN PROJECTS.— A Government grant for a project to be assisted under this chapter

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