172 
(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. 
§ 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. 
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(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.—Only unmanufactured articles, materials, and supplies 
that have been mined or produced in the United States, and only manufac-
tured articles, materials, and supplies that have been manufactured in the 
United States substantially all from articles, 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 con-
cerned determines their acquisition to be inconsistent with the public inter-
est or their cost to be unreasonable. 
(b) EXCEPTIONS.—This section does not apply— 
(1) to articles, materials, or supplies for use outside the United 
States; 
(2) if articles, materials, or supplies of the class or kind to be used, 
or the articles, materials, or supplies from which they are manufac-
tured, 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 
(3) to manufactured articles, materials, or supplies procured under 
any contract with an award value that is not more than the micro-pur-
chase threshold under section 1902 of this title. 
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§ 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. 
(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, 
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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 
(3) an international agreement to which the United States is a party. 
CHAPTER 85—COMMITTEE FOR PURCHASE FROM 
PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 
Sec. 
8501.
Definitions. 
8502.
Committee for Purchase From People Who Are Blind or Severely Disabled. 
8503.
Duties and powers of the Committee. 
8504.
Procurement requirements for the Federal Government. 
8505.
Audit. 
8506.
Authorization of appropriations. 
§ 8501. Definitions 
In this chapter: 
(1) BLIND.—The term ‘‘blind’’ refers to an individual or class of in-
dividuals whose central visual acuity does not exceed 20/200 in the bet-
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