124 STAT. 3830 PUBLIC LAW 111–350—JAN. 4, 2011 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.
