H. R. 1107—153 
(ii) the grantee’s policy of maintaining a drug-free 
workplace; 
(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 subparagraph (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 
conviction 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 convic-
tion; 
(F) imposing a sanction on, or requiring the satisfactory 
participation 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 subpara-
graphs (A) to (F). 
(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, posses-
sion, or use of a controlled substance in conducting an activity 
with the grant. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF GRANTEE.— 
(1) GROUNDS
FOR
SUSPENSION, TERMINATION, OR
DEBAR-
MENT.—Payment under a grant awarded by a Federal agency 
may be suspended and the grant may be terminated, and 
the grantee may be suspended or debarred, in accordance with 
the requirements of this section, 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 require-
ments 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 convicted of violations of criminal drug statutes for 
violations occurring 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 implement the law or executive 
order. 
(3) EFFECT OF DEBARMENT.—A grantee debarred by a final 
decision under this subsection is ineligible for award of a grant 
by a Federal agency, and for participation in a future grant
H. R. 1107—154 
by a Federal agency, 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 enforce-
ment, 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, 
termination 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 detriment of the Federal Govern-
ment 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 debarment 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 Islands. 
(2) UNITED STATES.—The term ‘‘United States’’ includes any 
place subject to the jurisdiction of the United States.
H. R. 1107—155 
§ 8302. American materials required for public use 
(a) IN GENERAL.— 
(1) ALLOWABLE MATERIALS.—Only unmanufactured articles, 
materials, 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 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 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 pro-
cured 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 Affairs of the Senate and the Com-
mittee 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, materials, 
or supplies purchased from entities that manufacture the arti-
cles, 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 entities that manufacture articles, materials, or sup-
plies outside the United States, the specific exception under 
this section that was used to purchase the articles, mate-
rials, or supplies; and 
(D) a summary of— 
(i) the total procurement funds expended on articles, 
materials, and supplies manufactured inside the 
United States; and 
(ii) the total procurement funds expended on articles, 
materials, and supplies manufactured outside the 
United States.