Page:United States Statutes at Large Volume 124.djvu/3858

 124 STAT. 3832 PUBLIC LAW 111–350—JAN. 4, 2011 (3) PUBLIC AVAILABILITY.—The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable. (4) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This sub- section 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 repair of any public building or public work in the United States shall contain a provision that in the performance of the work the contractor, subcontractors, 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, materials, or supplies mined, produced, or manufac- tured 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 pro- cured 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 independent establish- ment concerned determines their purchase to be inconsistent with the public interest or their cost to be unreasonable. (c) RESULTS OF FAILURE TO COMPLY.—If the head of a depart- ment, bureau, agency, or independent establishment that has made a contract containing 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