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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 5206 Buy American us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 68 DISASTER RELIEF 5206 42 U.S.C. § 5206 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s5206 data/legal/raw/us/code/title-42/usc42.xml 59307f52b7cf0a5aa5007d05913d59d0a3f462b5c8f9d1c634a33e0fd49c334a 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e f0b24a00f81963cd561e8fd71d050ae5df8b36c13039d59efd9fb0f709d0f388 2026-07-04 official
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42 U.S.C. § 5206 - Buy American

Text

(a) Compliance with chapter 83 of title 41 No funds authorized to be appropriated under this Act or any amendment made by this Act may be expended by an entity unless the entity, in expending the funds, complies with chapter 83 of title 41.

(b) Debarment of persons convicted of fraudulent use of “Made in America” labels (1) In general If the Administrator of the Federal Emergency Management Agency determines that a person has been convicted of intentionally affixing a label bearing a “Made in America” inscription to any product sold in or shipped to the United States that is not made in America, the Administrator shall determine, not later than 90 days after determining that the person has been so convicted, whether the person should be debarred from contracting under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2) Definition of debar In this subsection, the term “debar” has the meaning given the term in section 4654(c) of title 10.

(Pub. L. 106390, title III, § 306, Oct. 30, 2000, 114 Stat. 1574; Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 11781, div. A, title XVII, § 1702(j)(4), Dec. 27, 2021, 135 Stat. 2159.)

Notes

Editorial Notes

References in TextThis Act, referred to in subsec. (a), is Pub. L. 106390, Oct. 30, 2000, 114 Stat. 1552, known as the Disaster Mitigation Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of this title and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

Codification In subsec. (a), “chapter 83 of title 41” substituted for references to the Buy American Act on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was enacted as part of the Disaster Mitigation Act of 2000, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.

Amendments2021—Subsec. (b)(2). Pub. L. 11781 substituted “section 4654(c)” for “section 2393(c)”.

Statutory Notes and Related Subsidiaries

Change of Name “Administrator of the Federal Emergency Management Agency” and “Administrator” substituted for “Director of the Federal Emergency Management Agency” and “Director”, respectively, in subsec. (b)(1) on authority of section 612(c) of Pub. L. 109295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109295, set out as a note under section 313 of Title 6.

Transfer of Functions For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.