Page:United States Statutes at Large Volume 109 Part 1.djvu/898

 109 STAT. 882 PUBLIC LAW 104-88—DEC. 29, 1995 " (8) DEFINITIONS. —In this subsection, the following definitions apply: " (A) PUBLIC RECIPIENT OF GOVERNMENTAL ASSIST- ANCE. —The term 'public recipient of governmental assistance' means— "(i) any State, "(ii) any municipality or other political subdivision of a State, "(iii) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State, "(iv) any Indian tribe, "(v) any corporation, board, or other person owned or controlled by any entity described in clause (i), (ii), (iii), or (iv), and which before, on, or after the effective date of this subsection received governmental assistance for the purchase or operation of any bus. " (B) PRIVATE RECIPIENT OF GOVERNMENT ASSISTANCE.— The term 'private recipient of government assistance' means any person (other than a person described in subparagraph (A)) who before, on, or after the effective date of this paragraph received governmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus. "(c) RESTRICTIONS ON MOTOR CARRIERS DOMICILED IN OR OWNED OR CONTROLLED BY NATIONALS OF A CONTIGUOUS FOREIGN COUNTRY. — "(1) PREVENTION OF DISCRIMINATORY PRACTICES. —If the President, or the delegate thereof, determines that an act, policy, or practice of a foreign country contiguous to the United States, or any political subdivision or any instrumentality of any such country is unreasonable or discriminatory and burdens or restricts United States transportation companies providing, or seeking to provide, motor carrier transportation to, from, or within such foreign country, the President or such delegate may— "(A) seek elimination of such practices through consultations; or "(B) notwithstanding any other provision of law, suspend, modify, amend, condition, or restrict operations, including geographical restriction of operations, in the United States by motor carriers of property or passengers domiciled in such foreign country or owned or controlled by persons of such foreign country. "(2) EQUALIZATION OF TREATMENT.—Any action taken under paragraph (1)(A) to eliminate an act, policy, or practice shall be so devised so as to equal to the extent possible the burdens or restrictions imposed by such foreign country on United States transportation companies. "(3) REMOVAL OR MODIFICATION.—The President, or the delegate thereof, may remove or modify in whole or in part any action taken under paragraph (1)(A) if the President or such delegate determines that such removal or modification is consistent with the obligations of the United States under a trade agreement or with United States transportation policy.

�