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25 U.S.C. § 1638e — Applicability of Buy American requirement

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1638e — Applicability of Buy American requirement

**(a) Duty of Secretary** 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) 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 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) 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 made available to carry out this subchapter, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section10a&num=0&edition=prelim) et seq.) 11 See References in Text note below..

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Source file: Laws/federal/codes/united-states-code/title-25/section-1638e-applicability-of-buy-american-requirement--9dc8a81f8c.md
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Source location: Title 25, Chapter 18, § 1638e; chapter-018-indian-health-care.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2501 — Equivalence determinations

**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law. **(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received. **(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 101 — Administrator

In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1638a — Grant program for construction, expansion, and modernization of small ambulatory care facilities

**(a) Authorization** (1) The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such construction, expansion, or modernization. For the purposes of this section, the term “construction” includes the replacement of an existing facility. (2) A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.]. **(b) Use of grant** (1) A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatory care facility— (A) located apart from a hospital; (B) not funded under [section 1631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1631&num=0&edition=prelim) or [section 1637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1637&num=0&edition=prelim); and (C) which, upon completion of such construction, expansion, or modernization will— (i) have a total capacity appropriate to its projected service population

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1638e — Other funding, equipment, and supplies

Page 298 TITLE 25—INDIANS § 1638d 1 So in original. 2 See References in Text note below. 1 So in original. 2 So in original. Probably should be ‘‘provision of a health care facility’’. § 1638d. Credit to appropriations of money col- lected for meals at Indian Health Service fa- cilities Money before, on, and after September 30, 1994, collected for meals served at Indian Health Service facilities will be credited to the appro- priations from which the services were furnished and shall be credited to the appropriation when received. (Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1995, and not as part of the Indian Health Care Improvement Act which comprises this chapter. § 1638e. Other funding, equipment, and supplies for facilities (a) Authorization (1) Authority to transfer funds The head of any Federal agency to which funds, equipment, or other supplies are made available for the planning, design, construc- tion, or operation of a health care or sanita- tion facility may transfer the funds, equip- ment, or supplies to the Secretary for the planning, design, construction, or operation of a health care or sanitation facility to achieve— (A) the purposes of this chapter; and (B) the purposes for which the funds, equipment, or supplies were made available to the Federal agency. (2) Authority to accept funds The Secretary may— (A) accept from any source, including Fed- eral and State agencies, funds, equipment, or supplies that are available for the con- struction or operation of health care or sani- tation facilities; and (B) use those funds, equipment, and sup- plies to plan, design,,1 co

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