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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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(3) INCONSISTENT WITH PUBLIC INTEREST.—Subsection (a) shall be 
regarded as requiring the purchase, for public use within the United 
States, of articles, materials, or supplies manufactured in the United 
States in sufficient and reasonably available commercial quantities and 
of a satisfactory quality, unless the head of the department or inde-
pendent establishment concerned determines their purchase to be in-
consistent with the public interest or their cost to be unreasonable. 
(c) RESULTS OF FAILURE TO COMPLY.—If the head of a department, bu-
reau, agency, or independent establishment that has made a contract con-
taining the provision required by subsection (a) finds that there has been 
a failure to comply with the provision in the performance of the contract, 
the head of the department, bureau, agency, or independent establishment 
shall make the findings public. The findings shall include the name of the 
contractor obligated under the contract. The contractor, and any subcon-
tractor, material man, or supplier associated or affiliated with the con-
tractor, shall not be awarded another contract for the construction, alter-
ation, or repair of any public building or public work for 3 years after the 
findings are made public. 
§ 8304. Waiver rescission 
(a) TYPE OF AGREEMENT.—An agreement referred to in subsection (b) 
is a reciprocal defense procurement memorandum of understanding between 
the United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived this chapter for certain products in that 
country. 
(b) DETERMINATION BY SECRETARY OF DEFENSE.—If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country that is party to an agreement described 
in subsection (a) has violated the agreement by discriminating against cer-
tain types of products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the Secretary’s blan-
ket waiver of this chapter with respect to those types of products produced 
in that country. 
§ 8305. Annual report 
Not later than 60 days after the end of each fiscal year, the Secretary 
of Defense shall submit to Congress a report on the amount of purchases 
by the Department of Defense from foreign entities in that fiscal year. The 
report shall separately indicate the dollar value of items for which this chap-
ter was waived pursuant to— 
(1) a reciprocal defense procurement memorandum of understanding 
described in section 8304(a) of this title; 
(2) the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.); or 
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