§1638b — Title 25 Indians | U.S. Code

Summary

The Secretary must make sure the Buy American Act rules apply to every purchase paid for with funds used under this part. The Secretary must also send Congress a report on purchases from foreign entities made in fiscal years 1993 and 1994 with those funds. The report must list the dollar value of items for which the Buy American rule was waived under the Trade Agreement Act of 1979 or any international agreement. If a court or federal agency finally finds that someone knowingly put a “Made in America” label (or similar) on a product not made in the United States, that person cannot get any contract or subcontract paid for with these funds, under the debarment and suspension rules in 48 CFR 9.400–9.409. “Buy American Act” means title III of the Act approved March 3, 1933 (41 U.S.C. 10a et seq.).

Title 25, §1638b

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(a)The Secretary shall ensure that the requirements of the Buy American Act apply to all procurements made with funds made available to carry out this subchapter.

(b)The Secretary shall submit to the Congress a report on the amount of procurements from foreign entities made in fiscal years 1993 and 1994 with funds made available to carry out this subchapter. Such report shall separately indicate the dollar value of items procured with such funds for which the Buy American Act was waived pursuant to the Trade Agreement Act of 1979 or any international agreement to which the United States is a party.

(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, such person shall be ineligible to receive any contract or subcontract made with funds made available to carry out this subchapter, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations.

(d)For purposes of this section, the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 (41 U.S.C. 10a et seq.) 11 See References in Text note below..

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References in Text

The Trade Agreement Act of 1979, referred to in subsec. (b), probably means the Trade Agreements Act of 1979, Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see

References in Text

note set out under section 2501 of Title 19, Customs Duties, and Tables. Title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending

June 30, 1934, and for other purposes”, approved

March 3, 1933, referred to in subsec. (d), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, known as the Buy American Act, which was classified generally to section 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§ 8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of title III to the Code, see

Short Title

of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. Codification Amendment by Pub. L. 111–148 is based on section 101(c)(3) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Subsecs. (a) to (c). Pub. L. 111–148 substituted “funds made available to carry out this subchapter” for “funds provided pursuant to the authorization contained in section 1638a of this title”.

§1638b Applicability of Buy American Requirement

Summary

Title 25, §1638b

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Editorial Notes

References in Text

References in Text

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