H. R. 1107—150 
period beginning with the date the contracting officer receives 
the contractor’s claim, pursuant to section 7103(a) of this title, 
until the date of payment of the claim. 
(2) DEFECTIVE
CERTIFICATION.—On a claim for which the 
certification under section 7103(b)(1) of this title is found to 
be defective, any interest due under this section shall be paid 
for the period beginning with the date the contracting officer 
initially receives the contractor’s claim until the date of pay-
ment of the claim. 
(b) RATE.—Interest shall accrue and be paid at a rate which 
the Secretary of the Treasury shall specify as applicable for each 
successive 6-month period. The rate shall be determined by the 
Secretary of the Treasury taking into consideration current private 
commercial rates of interest for new loans maturing in approxi-
mately 5 years. 
Subtitle IV—Miscellaneous 
Chapter 
Sec. 
81. Drug-Free Workplace .............................................................................
8101 
83. Buy American ...........................................................................................
8301 
85. Committee for Purchase From People Who Are Blind or Se-
verely Disabled.
8501 
87. Kickbacks ..................................................................................................
8701 
CHAPTER 81—DRUG-FREE WORKPLACE 
Sec. 
8101.
Definitions and construction. 
8102.
Drug-free workplace requirements for Federal contractors. 
8103.
Drug-free workplace requirements for Federal grant recipients. 
8104.
Employee sanctions and remedies. 
8105.
Waiver. 
8106.
Regulations. 
§ 8101. Definitions and construction 
(a) DEFINITIONS.—In this chapter: 
(1) CONTRACTOR.—The term ‘‘contractor’’ means the depart-
ment, division, or other unit of a person responsible for the 
performance under the contract. 
(2) CONTROLLED
SUBSTANCE.—The term ‘‘controlled sub-
stance’’ means a controlled substance in schedules I through 
V of section 202 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 812). 
(3) CONVICTION.—The term ‘‘conviction’’ means a finding of 
guilt (including a plea of nolo contendere), an imposition of 
sentence, or both, by a judicial body charged with the responsi-
bility to determine violations of Federal or State criminal drug 
statutes. 
(4) CRIMINAL
DRUG
STATUTE.—The term ‘‘criminal drug 
statute’’ means a criminal statute involving manufacture, dis-
tribution, dispensation, use, or possession of a controlled sub-
stance. 
(5) DRUG-FREE WORKPLACE.—The term ‘‘drug-free workplace’’ 
means a site of an entity— 
(A) for the performance of work done in connection with 
a specific contract or grant described in section 8102 or 
8103 of this title; and 
(B) at which employees of the entity are prohibited from 
engaging in the unlawful manufacture, distribution, dis-
pensation, possession, or use of a controlled substance in
H. R. 1107—151 
accordance with the requirements of the Anti-Drug Abuse 
Act of 1988 (Public Law 100–690, 102 Stat. 4181). 
(6) EMPLOYEE.—The term ‘‘employee’’ means the employee 
of a contractor or grantee directly engaged in the performance 
of work pursuant to the contract or grant described in section 
8102 or 8103 of this title. 
(7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an 
agency as defined in section 552(f) of title 5. 
(8) GRANTEE.—The term ‘‘grantee’’ means the department, 
division, or other unit of a person responsible for the perform-
ance under the grant. 
(b) CONSTRUCTION.—This chapter does not require law enforce-
ment agencies to comply with this chapter if the head of the 
agency determines it would be inappropriate in connection with 
the agency’s undercover operations. 
§ 8102. Drug-free workplace requirements for Federal con-
tractors 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than 
an individual shall not be considered a responsible source (as 
defined in section 113 of this title) for the purposes of being 
awarded a contract for the procurement of any property or 
services of a value greater than the simplified acquisition 
threshold (as defined in section 134 of this title) by a Federal 
agency, other than a contract for the procurement of commercial 
items (as defined in section 103 of this title), unless the person 
agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the 
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the 
person’s workplace and specifying the actions that will 
be taken against employees for violations of the prohibition; 
(B) establishing a drug-free awareness program to inform 
employees about— 
(i) the dangers of drug abuse in the workplace; 
(ii) the person’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 contract 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 
on the contract 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 contracting 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
H. R. 1107—152 
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 contract 
with an individual unless the individual agrees not to engage 
in the unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance in the performance of 
the contract. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTOR.— 
(1) GROUNDS
FOR
SUSPENSION, TERMINATION, OR
DEBAR-
MENT.—Payment under a contract awarded by a Federal agency 
may be suspended and the contract may be terminated, and 
the contractor or individual who made the contract with the 
agency may be suspended or debarred in accordance with the 
requirements of this section, if the head of the agency deter-
mines that— 
(A) the contractor is violating, or has violated, the 
requirements of subparagraph (A), (B), (C), (D), (E), or 
(F) of subsection (a)(1); or 
(B) the number of employees of the contractor who have 
been convicted of violations of criminal drug statutes for 
violations occurring in the workplace indicates that the 
contractor has failed to make a good faith effort to provide 
a drug-free workplace as required by subsection (a). 
(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT 
PROCEEDINGS.—A contracting officer who determines in writing 
that cause for suspension of payments, termination, or suspen-
sion or debarment exists shall initiate an appropriate action, 
to be conducted by the agency concerned in accordance with 
the Federal Acquisition Regulation and applicable agency proce-
dures. The Federal Acquisition Regulation shall be revised to 
include rules for conducting suspension and debarment pro-
ceedings under this subsection, including rules providing notice, 
opportunity to respond in writing or in person, and other proce-
dures as may be necessary to provide a full and fair proceeding 
to a contractor or individual. 
(3) EFFECT
OF
DEBARMENT.—A contractor or individual 
debarred by a final decision under this subsection is ineligible 
for award of a contract by a Federal agency, and for participa-
tion in a future procurement by a Federal agency, for a period 
specified in the decision, not to exceed 5 years. 
§ 8103. Drug-free workplace requirements for Federal grant 
recipients 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than 
an individual shall not receive a grant from a Federal agency 
unless the person agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the 
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the 
grantee’s workplace and specifying the actions that will 
be taken against employees for violations of the prohibition; 
(B) establishing a drug-free awareness program to inform 
employees about— 
(i) the dangers of drug abuse in the workplace;