CHAPTER 81 - DRUG-FREE WORKPLACE

Title 41 > CHAPTER 81

Sections (6)

§ 8101 Definitions and construction

(a) Definitions.— In this chapter: The term “contractor” means the department, division, or other unit of a person responsible for the performance under the contract. 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 ). 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. The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance. The term “drug-free workplace” means a site of an entity— for the performance of work done in connection with a specific contract or grant described in section 8102 or 8103 of this title; and at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, 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 ). 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. The term “Federal agency” means an agency as defined in section 552(f) of title 5 . 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 operations.

§ 8102 Drug-free workplace requirements for Federal contractors

(a) In General.— 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 products or commercial services (as defined in sections 103 and 103a, respectively, of this title), unless the person agrees to provide a drug-free workplace by— publishing a statement notifying employees that the unlawful 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 violations of the prohibition; establishing a drug-free awareness program to inform employees about— the dangers of drug abuse in the workplace; the person’s policy of maintaining a drug-free workplace; available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations; 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); notifying the employee in the statement required by subparagraph (A) that as a condition of employment on the contract the employee will— abide by the terms of the statement; and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction; notifying the contracting agency within 10 days after receiving notice under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of a conviction; 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 making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A) to (F). A Federal agency shall not make a contract with an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.

(b) Suspension, Termination, or Debarment of Contractor.— 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 determines that— the contractor is violating, or has violated, the requirements of subparagraph (A), (B), (C), (D), (E), or (F) of subsection (a)(1); or 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). A contracting officer who determines in writing that cause for suspension of payments, termination, or suspension 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 procedures. The Federal Acquisition Regulation shall be revised to include rules for conducting suspension and debarment proceedings under this subsection, including rules providing notice, opportunity to respond in writing or in person, and other procedures as may be necessary to provide a full and fair proceeding to a contractor or individual. 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 participation 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.— 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— publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, 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; establishing a drug-free awareness program to inform employees about— the dangers of drug abuse in the workplace; the grantee’s policy of maintaining a drug-free workplace; available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations; 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); notifying the employee in the statement required by subparagraph (A) that as a condition of employment in the grant the employee will— abide by the terms of the statement; and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction; notifying the granting agency within 10 days after receiving notice under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of a conviction; 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 making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A) to (F). A Federal agency shall not make a grant to an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in conducting an activity with the grant.

(b) Suspension, Termination, or Debarment of Grantee.— 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— the grantee is violating, or has violated, the requirements of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1); or 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). 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. 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 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— take appropriate personnel action against the employee, up to and including termination; or 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 enforcement, or other appropriate agency. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3830 .)

§ 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— 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 Government or the general public; or 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. ( Pub. L. 111–350, § 3 , Jan. 4, 2011 , 124 Stat. 3830 .)