188 
(c) REIMBURSEMENT.—Payments made pursuant to subsections (a) and 
(b) shall be reimbursed to the fund provided by section 1304 of title 31 by 
the agency whose appropriations were used for the contract out of available 
amounts or by obtaining additional appropriations for purposes of reim-
bursement. 
(d) TENNESSEE VALLEY AUTHORITY.— 
(1) JUDGMENTS.—Notwithstanding subsections (a) to (c), any judg-
ment against the Tennessee Valley Authority on a claim under this 
chapter shall be paid promptly in accordance with section 9(b) of the 
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h(b)). 
(2) MONETARY AWARDS.—Notwithstanding subsections (a) to (c), 
any monetary award to a contractor by the board of contract appeals 
of the Tennessee Valley Authority shall be paid in accordance with sec-
tion 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 
831h(b)). 
§ 7109. Interest 
(a) PERIOD.— 
(1) IN GENERAL.—Interest on an amount found due a contractor on 
a claim shall be paid to the contractor for the period beginning with 
the date the contracting officer receives the contractor’s claim, pursu-
ant to section 7103(a) of this title, until the date of payment of the 
claim. 
(2) DEFECTIVE CERTIFICATION.—On a claim for which the certifi-
cation 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 begin-
ning with the date the contracting officer initially receives the contrac-
tor’s claim until the date of payment of the claim. 
(b) RATE.—Interest shall accrue and be paid at a rate which the Sec-
retary of the Treasury shall specify as applicable for each successive 6- 
month period. The rate shall be determined by the Secretary of the Treas-
ury taking into consideration current private commercial rates of interest 
for new loans maturing in approximately 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.
189 
8105.
Waiver. 
8106.
Regulations. 
§ 8101. Definitions and construction 
(a) DEFINITIONS.—In this chapter: 
(1) CONTRACTOR.—The term ‘‘contractor’’ means the department, 
division, or other unit of a person responsible for the performance 
under the contract. 
(2) CONTROLLED
SUBSTANCE.—The term ‘‘controlled substance’’ 
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 responsibility 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, distribution, dispensa-
tion, use, or possession of a controlled substance. 
(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 spe-
cific contract or grant described in section 8102 or 8103 of this 
title; and 
(B) at which employees of the entity are prohibited from engag-
ing in the unlawful manufacture, distribution, dispensation, pos-
session, or use of a controlled substance in 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 pur-
suant to the contract or grant described in section 8102 or 8103 of 
this title. 
(7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an agen-
cy 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 performance under the 
grant. 
(b) CONSTRUCTION.—This chapter does not require law enforcement 
agencies to comply with this chapter if the head of the agency determines 
it would be inappropriate in connection with the agency’s undercover oper-
ations.
190 
§ 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 unlaw-
ful manufacture, distribution, dispensation, possession, or use of 
a controlled substance is prohibited in the person’s workplace and 
specifying the actions that will be taken against employees for vio-
lations of the prohibition; 
(B) establishing a drug-free awareness program to inform em-
ployees about— 
(i) the dangers of drug abuse in the workplace; 
(ii) the person’s policy of maintaining a drug-free work-
place; 
(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 state-
ment required by subparagraph (A); 
(D) notifying the employee in the statement required by sub-
paragraph (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 convic-
tion for a violation occurring in the workplace no later than 
5 days after the conviction; 
(E) notifying the contracting agency within 10 days after receiv-
ing notice under subparagraph (D)(ii) from an employee or other-
wise receiving actual notice of a conviction; 
(F) imposing a sanction on, or requiring the satisfactory partici-
pation in a drug abuse assistance or rehabilitation program by,