
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 1012(a)(2)]
[CITE: 49USC5101]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5101. Purpose

    The purpose of this chapter is to provide adequate protection 
against the risks to life and property inherent in the transportation of 
hazardous material in commerce by improving the regulatory and 
enforcement authority of the Secretary of Transportation.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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5101..................................  49 App.:1801.                    Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          102, 
88 Stat. 2156.
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    The words ``It is declared to be the policy of Congress'', ``the 
Nation'', and ``which are'' are omitted as surplus.


                      Short Title of 1998 Amendment

    Pub. L. 105-178, title III, Sec. 3001, June 9, 1998, 112 Stat. 338, 
provided that: ``This title [amending sections 5302 to 5305, 5307 to 
5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title 
and enacting provisions set out as notes under sections 301, 5301, 5307 
to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of 
Title 23, Highways] may be cited as the `Federal Transit Act of 1998'.''


                      Short Title of 1996 Amendment

    Pub. L. 104-291, title II, Sec. 201, Oct. 11, 1996, 110 Stat. 3453, 
provided that: ``This title [enacting section 5908 of this title and 
amending sections 5901 to 5903 and 5905 to 5907 of this title] may be 
cited as the `Intermodal Safe Container Transportation Amendments Act of 
1996'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-311, title I, Sec. 101, Aug. 26, 1994, 108 Stat. 1673, 
provided that: ``This title [amending sections 5102 to 5104, 5107, 5108, 
5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting 
provisions set out as notes under this section, sections 5103, 5112, and 
5121 of this title, and section 307 of Title 23, Highways] may be cited 
as the `Hazardous Materials Transportation Authorization Act of 1994'.''


                              Buy American

    Pub. L. 103-311, title I, Sec. 123, Aug. 26, 1994, 108 Stat. 1682, 
provided that:
    ``(a) Compliance With Buy American Act.--None of the funds made 
available under this title [see Short Title of 1994 Amendment note 
above] may be expended in violation of sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former 10b-1]; 
popularly known as the `Buy American Act'), which are applicable to 
those funds.
    ``(b) Sense of Congress; Requirement Regarding Notice.--
        ``(1) In the case of any equipment or products that may be 
    authorized to be purchased with financial assistance provided under 
    this title, it is the sense of Congress that entities receiving such 
    assistance should, in expending such assistance, purchase only 
    American-made equipment and products.
        ``(2) In providing financial assistance under this title, the 
    Secretary of Transportation shall provide to each recipient of the 
    assistance a notice describing the statement made in paragraph (1) 
    by Congress.
    ``(c) Prohibition of Contracts.--If it has been finally determined 
by a court or Federal agency that any person intentionally affixed a 
label bearing a `Made in America' inscription, or any inscription with 
the same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, such person shall be ineligible 
to receive any contract or subcontract made with funds provided pursuant 
to this title, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    ``(d) Reciprocity.--
        ``(1) Except as provided in paragraph (2), no contract or 
    subcontract may be made with funds authorized under this title to a 
    company organized under the laws of a foreign country unless the 
    Secretary of Transportation finds that such country affords 
    comparable opportunities to companies organized under laws of the 
    United States.
        ``(2)(A) The Secretary of Transportation may waive the 
    provisions of paragraph (1) if the products or services required are 
    not reasonably available from companies organized under the laws of 
    the United States. Any such waiver shall be reported to Congress.
        ``(B) Paragraph (1) shall not apply to the extent that to do so 
    would violate the General Agreement on Tariffs and Trade or any 
    other international agreement to which the United States is a 
    party.''
