29 U.S.C. § 3342: Buy-American requirements

Summary

Any entity that spends money from subchapter I or II or from the Wagner-Peyser Act (29 U.S.C. 49 et seq.) must follow the Buy American Act (41 U.S.C. 8301–8303). Congress says recipients should try to buy only American-made equipment and products when they use those funds. The head of each federal agency must give each recipient a notice saying this. If a court or federal agency finally finds that someone knowingly labeled a product “Made in America” when it was not, that person cannot get any contracts or subcontracts paid with those funds, under the debarment and suspension rules in 48 CFR 9.400–9.409 as of August 7, 1998, or any later replacement rules.

Title 29, §3342

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(a)Compliance with Buy American Act

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)Sense of Congress; requirement regarding notice

(1)Purchase of American-made equipment and products

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)Notice to recipients of assistance

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)Prohibition of contracts with persons falsely labeling products as Made in America

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