§ 5101. — Purpose.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.''
