108 STAT. 1682 PUBLIC LAW 103-311—AUG. 26, 1994 (d) LIMITATIONS.— (1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of title 49, United States Code. (2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials. 49 USC 5101 SEC. 123. BUY AMERICA. (a) COMPLIANCE WITH BUY AMERICAN ACT.— None of the funds made available under this title may be expended in violation of sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a- 10c; 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 af^ed 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 Reports. 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.
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