25 U.S.C. § 1638b — Applicability of Buy American require-

Page 297 TITLE 25—INDIANS § 1638c 1 See References in Text note below. ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1638a, Pub. L. 94–437, title III, § 309, as added Pub. L. 102–573, title III, § 307(a), Oct. 29, 1992, 106 Stat. 4564, authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 101(b)(6) of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. § 1638b. Applicability of Buy American require- ment (a) Duty of Secretary The Secretary shall ensure that the require- ments of the Buy American Act apply to all pro- curements 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 for- eign entities made in fiscal years 1993 and 1994 with funds made available to carry out this sub- chapter. 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 af- fixed a label bearing a ‘‘Made in America’’ in- scription, 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 in- eligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regula- tions. (d) ‘‘Buy American Act’’ defined For purposes of this section, the term ‘‘Buy American Act’’ means title III of the Act enti- tled ‘‘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.) 1. (Pub. L. 94–437, title III, § 310, as added Pub. L. 102–573, title III, § 308, Oct. 29, 1992, 106 Stat. 4564; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Trade Agreement Act of 1979, referred to in sub- sec. (b), probably means the Trade Agreements Act of 1979, Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For com- plete classification of this Act to the Code, see Ref- erences in Text note set out under section 2501 of Title 19, Customs Duties, and Tables. Title III of the Act entitled ‘‘An Act making appro- priations 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 sub- sec. (d), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, known as the Buy American Act, which was classi- fied generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially re- pealed 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 dis- position 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 Con- gress, 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 con- tained in section 1638a of this title’’. § 1638c. Contracts for personal services in Indian Health Service facilities In fiscal year 1995 and thereafter (a) the Sec- retary may enter into personal services con- tracts with entities, either individuals or orga- nizations, for the provision of services in facili- ties owned, operated or constructed under the jurisdiction of the Indian Health Service; (b) the Secretary may exempt such a contract from competitive contracting requirements upon ade- quate notice of contracting opportunities to in- dividuals and organizations residing in the geo- graphic vicinity of the health facility; (c) con- sideration of individuals and organizations shall be based solely on the qualifications established for the contract and the proposed contract price; and (d) individuals providing health care serv- ices pursuant to these contracts are covered by the Federal Tort Claims Act. (Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.) Editorial Notes REFERENCES IN TEXT The Federal Tort Claims Act, referred to in text, is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the re- vised Title 28, see Table at the beginning of Title 28. 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.