§3342 — Title 29 Labor | U.S. Code

Summary

If an organization gets funds made available under subchapter I or II or under the Wagner‑Peyser Act (29 U.S.C. 49 et seq.), it must agree to follow the Buy American Act (sections 8301 through 8303 of title 41) when spending those funds. Congress also says recipients should, when possible, buy only American-made equipment and products. Each federal agency must give recipients a notice that says this. If a court or federal agency finally finds that someone knowingly put a "Made in America" label (or words that mean the same thing) on a product that was not made in the United States, that person cannot receive any contract or subcontract paid with those funds. The person will be dealt with under the debarment and suspension rules in sections 9.400 through 9.409 of title 48, as they were on August 7, 1998, or under any later replacement rules.

Title 29, §3342

Labor — Source: USLM XML via OLRC

(a)None of the funds made available under subchapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41 (commonly known as the “Buy American Act”).

(b)(1)In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under subchapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

(2)In providing financial assistance using funds made available under subchapter I or II or under the Wagner-Peyser Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.

(c)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, the person shall be ineligible to receive any contract or subcontract made with funds made available under subchapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant to any successor regulations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wagner-Peyser Act, referred to in text, is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 49 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program year after

July 22, 2014 (

July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

§3342 Buy-American requirements