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§ 8103. Drug-free workplace requirements for Federal grant 
recipients 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than an 
individual shall not receive a grant from a Federal agency unless the 
person agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the unlaw-
ful manufacture, distribution, dispensation, possession, or use of 
a controlled substance is prohibited in the grantee’s workplace and 
specifying the actions that will be taken against employees for vio-
lations of the prohibition; 
(B) establishing a drug-free awareness program to inform em-
ployees about— 
(i) the dangers of drug abuse in the workplace; 
(ii) the grantee’s policy of maintaining a drug-free work-
place; 
(iii) available drug counseling, rehabilitation, and employee 
assistance programs; and 
(iv) the penalties that may be imposed on employees for 
drug abuse violations; 
(C) making it a requirement that each employee to be engaged 
in the performance of the grant be given a copy of the statement 
required by subparagraph (A); 
(D) notifying the employee in the statement required by sub-
paragraph (A) that as a condition of employment in the grant the 
employee will— 
(i) abide by the terms of the statement; and 
(ii) notify the employer of any criminal drug statute convic-
tion for a violation occurring in the workplace no later than 
5 days after the conviction; 
(E) notifying the granting agency within 10 days after receiving 
notice under subparagraph (D)(ii) from an employee or otherwise 
receiving actual notice of a conviction; 
(F) imposing a sanction on, or requiring the satisfactory partici-
pation in a drug abuse assistance or rehabilitation program by, 
any employee who is convicted, as required by section 8104 of this 
title; and 
(G) making a good faith effort to continue to maintain a drug- 
free workplace through implementation of subparagraphs (A) to 
(F).
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(2) INDIVIDUALS.—A Federal agency shall not make a grant to an 
individual unless the individual agrees not to engage in the unlawful 
manufacture, distribution, dispensation, possession, or use of a con-
trolled substance in conducting an activity with the grant. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF GRANTEE.— 
(1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.— 
Payment under a grant awarded by a Federal agency may be sus-
pended and the grant may be terminated, and the grantee may be sus-
pended or debarred, in accordance with the requirements of this sec-
tion, if the head of the agency or the official designee of the head of 
the agency determines in writing that— 
(A) the grantee is violating, or has violated, the requirements 
of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection 
(a)(1); or 
(B) the number of employees of the grantee who have been con-
victed of violations of criminal drug statutes for violations occur-
ring in the workplace indicates that the grantee has failed to make 
a good faith effort to provide a drug-free workplace as required 
by subsection (a)(1). 
(2) CONDUCT
OF
SUSPENSION, TERMINATION, AND
DEBARMENT 
PROCEEDINGS.—A suspension of payments, termination, or suspension 
or debarment proceeding subject to this subsection shall be conducted 
in accordance with applicable law, including Executive Order 12549 or 
any superseding executive order and any regulations prescribed to im-
plement the law or executive order. 
(3) EFFECT OF DEBARMENT.—A grantee debarred by a final deci-
sion under this subsection is ineligible for award of a grant by a Fed-
eral agency, and for participation in a future grant by a Federal agen-
cy, for a period specified in the decision, not to exceed 5 years. 
§ 8104. Employee sanctions and remedies 
Within 30 days after receiving notice from an employee of a conviction 
pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, a 
contractor or grantee shall— 
(1) take appropriate personnel action against the employee, up to 
and including termination; or 
(2) require the employee to satisfactorily participate in a drug abuse 
assistance or rehabilitation program approved for those purposes by a 
Federal, State, or local health, law enforcement, or other appropriate 
agency.
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§ 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