Congress expands Buy Indian Act

      Congress amended the Buy Indian Act in late December 2020 to give the Health and Human Services Dept. and Interior Dept. more authority to compel Buy Indian Act set asides.

      The Indian Community Economic Enhancement Act of 2020, sponsored by Sen. John Hoeven, R-ND, has the stated goal of requiring HHS to procure Native American labor and products unless HHS and the Interior Dept. determine it would be impractical or unreasonable. It also orders outreach and record-keeping.

      The Buy Indian Law in the past has been applied almost exclusively by HHS’ Indian Health Service and Interior’s Bureau of Indian Affairs.

      Some legal specialists say it is not clear how HHS and Interior will apply the amended law and whether usage of the Buy Indian law will extend into additional federal agencies.

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