§ 1638b. — Applicability of Buy American requirement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1638b]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III--HEALTH FACILITIES
Sec. 1638b. Applicability of Buy American requirement
(a) Duty of Secretary
The Secretary shall ensure that the requirements of the Buy American
Act [41 U.S.C. 10a et seq.] apply to all procurements made with funds
provided pursuant to the authorization contained in section 1638a of
this title.
(b) Report to Congress
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 provided pursuant to the authorization contained in section
1638a of this title. Such report shall separately indicate the dollar
value of items procured with such funds for which the Buy American Act
[41 U.S.C. 10a et seq.] was waived pursuant to the Trade Agreement Act
of 1979 or any international agreement to which the United States is a
party.
(c) Fraudulent use of Made-in-America label
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 provided pursuant to the authorization
contained in section 1638a of 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) ``Buy American Act'' defined
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.).
(Pub. L. 94-437, title III, Sec. 310, as added Pub. L. 102-573, title
III, Sec. 308, Oct. 29, 1992, 106 Stat. 4564.)
References in Text
The Buy American Act, referred to in subsecs. (a), (b), and (d), is
title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which
is classified generally to sections 10a, 10b, and 10c of Title 41,
Public Contracts. For complete classification of this Act to the Code,
see Short Title note set out under section 10a of Title 41 and Tables.
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, as amended. 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.
