194 
§ 8105. Waiver 
(a) IN GENERAL.—The head of an agency may waive a suspension of 
payments, termination of the contract or grant, or suspension or debarment 
of a contractor or grantee under this chapter with respect to a particular 
contract or grant if— 
(1) in the case of a contract, the head of the agency determines 
under section 8102(b)(1) of this title, after a final determination is 
issued under section 8102(b)(1), that suspension of payments, termi-
nation of the contract, suspension or debarment of the contractor, or 
refusal to permit a person to be treated as a responsible source for a 
contract would severely disrupt the operation of the agency to the det-
riment of the Federal Government or the general public; or 
(2) in the case of a grant, the head of the agency determines that 
suspension of payments, termination of the grant, or suspension or de-
barment of the grantee would not be in the public interest. 
(b) WAIVER AUTHORITY MAY NOT BE DELEGATED.—The authority of 
the head of an agency under this section to waive a suspension, termination, 
or debarment shall not be delegated. 
§ 8106. Regulations 
Government-wide regulations governing actions under this chapter shall 
be issued pursuant to division B of subtitle I of this title. 
CHAPTER 83—BUY AMERICAN 
Sec. 
8301.
Definitions. 
8302.
American materials required for public use. 
8303.
Contracts for public works. 
8304.
Waiver rescission. 
8305.
Annual report. 
§ 8301. Definitions 
In this chapter: 
(1) PUBLIC BUILDING, PUBLIC USE, AND PUBLIC WORK.—The terms 
‘‘public building’’, ‘‘public use’’, and ‘‘public work’’ mean a public 
building of, use by, and a public work of, the Federal Government, the 
District of Columbia, Puerto Rico, American Samoa, and the Virgin Is-
lands. 
(2) UNITED STATES.—The term ‘‘United States’’ includes any place 
subject to the jurisdiction of the United States. 
§ 8302. American materials required for public use 
(a) IN GENERAL.— 
(1) ALLOWABLE MATERIALS.—Only unmanufactured articles, mate-
rials, and supplies that have been mined or produced in the United 
States, and only manufactured articles, materials, and supplies that 
have been manufactured in the United States substantially all from ar-
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ticles, materials, or supplies mined, produced, or manufactured in the 
United States, shall be acquired for public use unless the head of the 
department or independent establishment concerned determines their 
acquisition to be inconsistent with the public interest or their cost to 
be unreasonable. 
(2) EXCEPTIONS.—This section does not apply— 
(A) to articles, materials, or supplies for use outside the United 
States; 
(B) if articles, materials, or supplies of the class or kind to be 
used, or the articles, materials, or supplies from which they are 
manufactured, are not mined, produced, or manufactured in the 
United States in sufficient and reasonably available commercial 
quantities and are not of a satisfactory quality; and 
(C) to manufactured articles, materials, or supplies procured 
under any contract with an award value that is not more than the 
micro-purchase threshold under section 1902 of this title. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 180 days after the end of each of 
fiscal years 2009 through 2011, the head of each Federal agency shall 
submit to the Committee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives a report on the amount of the 
acquisitions made by the agency in that fiscal year of articles, mate-
rials, or supplies purchased from entities that manufacture the articles, 
materials, or supplies outside of the United States. 
(2) CONTENTS OF REPORT.—The report required by paragraph (1) 
shall separately include, for the fiscal year covered by the report— 
(A) the dollar value of any articles, materials, or supplies that 
were manufactured outside the United States; 
(B) an itemized list of all waivers granted with respect to the 
articles, materials, or supplies under this chapter, and a citation 
to the treaty, international agreement, or other law under which 
each waiver was granted; 
(C) if any articles, materials, or supplies were acquired from en-
tities that manufacture articles, materials, or supplies outside the 
United States, the specific exception under this section that was 
used to purchase the articles, materials, or supplies; and 
(D) a summary of— 
(i) the total procurement funds expended on articles, mate-
rials, and supplies manufactured inside the United States; 
and 
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(ii) the total procurement funds expended on articles, mate-
rials, and supplies manufactured outside the United States. 
(3) PUBLIC AVAILABILITY.—The head of each Federal agency sub-
mitting a report under paragraph (1) shall make the report publicly 
available to the maximum extent practicable. 
(4) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This subsection 
shall not apply to acquisitions made by an agency, or component of an 
agency, that is an element of the intelligence community as specified 
in, or designated under, section 3 of the National Security Act of 1947 
(50 U.S.C. 401a). 
§ 8303. Contracts for public works 
(a) IN GENERAL.—Every contract for the construction, alteration, or re-
pair of any public building or public work in the United States shall contain 
a provision that in the performance of the work the contractor, subcontrac-
tors, material men, or suppliers shall use only— 
(1) unmanufactured articles, materials, and supplies that have been 
mined or produced in the United States; and 
(2) manufactured articles, materials, and supplies that have been 
manufactured in the United States substantially all from articles, mate-
rials, or supplies mined, produced, or manufactured in the United 
States. 
(b) EXCEPTIONS.— 
(1) IN GENERAL.—This section does not apply— 
(A) to articles, materials, or supplies for use outside the United 
States; 
(B) if articles, materials, or supplies of the class or kind to be 
used, or the articles, materials, or supplies from which they are 
manufactured, are not mined, produced, or manufactured in the 
United States in sufficient and reasonably available commercial 
quantities and are not of a satisfactory quality; and 
(C) to manufactured articles, materials, or supplies procured 
under any contract with an award value that is not more than the 
micro-purchase threshold under section 1902 of this title. 
(2) PARTICULAR ARTICLE, MATERIAL, OR SUPPLY.—If the head of 
the department or independent establishment making the contract finds 
that it is impracticable to comply with subsection (a) for a particular 
article, material, or supply or that it would unreasonably increase the 
cost, an exception shall be noted in the specifications for that article, 
material, or supply and a public record of the findings that justified 
the exception shall be made. 
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