§ 1638a TITLE 25—INDIANS Page 464

(Pub. L. 94–437, title III, §308, as added Pub. L.

102–573, title III, §306, Oct. 29, 1992, 106 Stat.

4564.)

§ 1638a. Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary for each fiscal year

through fiscal year 2000 to carry out this subchapter.

(Pub. L. 94–437, title III, §309, as added Pub. L.

102–573, title III, §307(a), Oct. 29, 1992, 106 Stat.

4564.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1638b of this

title.

§ 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, §310, as added Pub. L.

102–573, title III, §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.

§ 1638c. Contracts for personal services in Indian

Health Service facilities

In fiscal year 1995 and thereafter (a) the Secretary may enter into personal services contracts with entities, either individuals or organizations, for the provision of services in facilities 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 adequate notice of contracting opportunities to individuals and organizations residing in the geographic vicinity of the health facility; (c) consideration 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 services pursuant to these contracts are covered by

the Federal Tort Claims Act.

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat.

2530.)

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in text, is

classified generally to section 1346(b) and chapter 171

(§2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

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.

§ 1638d. Credit to appropriations of money collected for meals at Indian Health Service facilities

Money before, on, and after September 30, 1994,

collected for meals served at Indian Health

Service facilities will be credited to the appropriations 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.)

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.

SUBCHAPTER III–A—ACCESS TO HEALTH

SERVICES

CODIFICATION

This subchapter was in the original title IV of Pub. L.

94–437, as amended. Prior to amendment by Pub. L.

102–573, title IV enacted section 1622 of this title and

sections 1395qq and 1396j of Title 42, The Public Health

and Welfare, amended sections 1395f, 1395n, and 1396d of

Title 42, and enacted provisions set out as notes under

section 1671 of this title and sections 1395qq and 1396j of

Title 42.