§ 9275. — BuyAmerican requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC9275]
TITLE 20--EDUCATION
CHAPTER 73--ADULT EDUCATION AND LITERACY
SUBCHAPTER II--GENERAL PROVISIONS
Sec. 9275. Buy-American requirements
(a) Compliance with Buy American Act
None of the funds made available under title I [29 U.S.C. 2801 et
seq.], II [20 U.S.C. 9201 et seq.], or III or this subchapter may be
expended by an entity unless the entity agrees that in expending the
funds the entity will comply with the Buy American Act (41 U.S.C. 10a et
seq.).
(b) Sense of the 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 title I [29 U.S.C. 2801 et seq.], II [20 U.S.C. 9201
et seq.], or III or this subchapter, it is the sense of the 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 title I [29 U.S.C. 2801 et seq.], II [20 U.S.C. 9201 et seq.],
or III or this subchapter, 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 in this subtitle,\1\ pursuant
to the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations,
as such sections are in effect on August 7, 1998, or pursuant to any
successor regulations.
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\1\ So in original. This section is not contained in a subtitle.
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(Pub. L. 105-220, title V, Sec. 505, Aug. 7, 1998, 112 Stat. 1245; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(18)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412.)
References in Text
Titles I, II, and III, referred to in subsecs. (a) and (b), are
titles I, II, and III of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 939,
1059, 1080, as amended. Title I is classified principally to chapter 30
(Sec. 2801 et seq.) of Title 29, Labor. Title II, known as the Adult
Education and Family Literacy Act, is classified principally to
subchapter I (Sec. 9201 et seq.) of this chapter. Title III enacted
section 49l-2 of this title and section 4110B of Title 38, Veterans'
Benefits, amended sections 49a to 49c, 49d, 49e to 49g, 49j, 49k, 633a,
and 791 of this title, section 7103 of Title 5, Government Organization
and Employees, section 2311 of Title 19, Customs Duties, and sections
655a, 2000e-16, and 3056 of Title 42, The Public Health and Welfare, and
enacted provisions set out as notes under sections 49a, 633a, and 2701
of this title. For complete classification of titles I, II, and III to
the Code, see Short Title note set out under section 9201 of this title
and Tables.
The Buy American Act, referred to in subsec. (a), 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.
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 401(18)(A)], substituted ``under title I, II, or III or this
subchapter'' for ``in this Act''.
Subsec. (b)(1), (2). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 401(18)(B)], substituted ``under title I, II, or III or this
subchapter'' for ``under this Act''.
