poisonous by inhalation under the Hazardous Mate-
rials Transportation Act.
(2) LIMITATION
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed to
prohibit the Secretary of Transportation from issu-
ing or enforcing regulations for the international
transportation of hazardous materials.
SEC. 9. BUY AMERICA.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available under this Act may be ex-
pended 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 REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
products that may be authorized to be purchased
with financial assistance provided under this Act, it
is the sense of Congress that entities receiving such
assistance should, in expending such assistance, pur-
chase only American-made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance under this Act, the
Secretary of Transportation shall provide to each re-
cipient of the assistance a notice describing the
statement made in paragraph (1) by Congress.
(c) PROHIBITION OF CONTRACTS.—If it has been fi-
nally 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 Act, 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) GENERAL
RULE.—Except as provided in
paragraph (2), no contract or subcontract may be
made with funds authorized under this Act to a
company organized under the laws of a foreign coun-
try unless the Secretary of Transportation finds that
such country affords comparable opportunities to
companies organized under laws of the United
States.
(2) EXCEPTIONS.—
(A) WAIVER AUTHORITY.—The Secretary
of Transportation may waive the provisions of
paragraph (1) if the products or services re-
quired are not reasonably available from compa-
nies organized under the laws of the United
States. Any such waiver shall be reported to
Congress.
(B) LIMITATION
ON
APPLICABILITY.—
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.
SEC. 10. TECHNICAL AMENDMENTS.
(a) PACKAGING.—
(1) Sections 103(5)(B), 103(6)(A)(iii), and
109(c) (49 U.S.C. App. 1802(5)(B), 1802(6)(A)(iii),
1808(c)) are each amended by striking ‘‘packages’’
and inserting ‘‘packaging’’.
(2) 
Sections 
105(a)(3), 
105(a)(4)(B)(v),
110(a)(1), and 120 (49 U.S.C. App. 1804(a)(3),
1804(a)(4)(B)(v), 
1809(a)(1), 
1818) 
are 
each
amended by striking ‘‘a package or container’’ and
inserting ‘‘packaging and a container’’.
(3) Section 106(c)(1)(B) (49 U.S.C. App.
1805(c)(1)(B)) is amended by striking ‘‘a bulk pack-
age’’ and inserting ‘‘bulk packaging’’ and by striking
‘‘the package’’ and inserting ‘‘the bulk packaging’’.
(b) OTHER.—Section 105(a)(3) (49 U.S.C. App.
1804(a)(3)) is amended by inserting ‘‘hazardous mate-
rials’’ after ‘‘shipped’’ and section 105(e)(1) (49 U.S.C
App. 1804(e)(1)) is amended by inserting ‘‘, or a compo-
nent of a container or package,’’ after ‘‘package’’.
Passed the House of Representatives November 21,
1993.
Attest:
Clerk.
HR 2178 EH——2