Title 41 — Public Contracts — § 701. Drug-free workplace requirements for Federal contractors
Summary
This page reproduces pages 175 and 176 of Title 41 of the United States Code, chapter 10, Drug-free workplace, including § 701, Drug-free workplace requirements for Federal contractors, and part of § 702 for Federal grant recipients. Under § 701, no person other than an individual may be awarded a Federal contract above the simplified acquisition threshold, other than for commercial items, unless it agrees to provide a drug-free workplace: publishing a statement prohibiting unlawful drug activity, establishing a drug-free awareness program, requiring employees to report a workplace drug conviction no later than 5 days after it, and notifying the contracting agency within 10 days. Contracts are subject to suspension of payments or termination, and contractors to debarment not to exceed 5 years. The notes say the chapter was enacted as the Drug-Free Workplace Act of 1988.
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Page 175 TITLE 41—PUBLIC CONTRACTS § 701
CHAPTER 10—DRUG-FREE WORKPLACE by, any employee who is so convicted, as re-
quired by section 703 of this title; and
Sec.
701. Drug-free workplace requirements for Federal
(G) making a good faith effort to continue
contractors. to maintain a drug-free workplace through
702. Drug-free workplace requirements for Federal implementation of subparagraphs (A), (B),
grant recipients. (C), (D), (E), and (F).
703. Employee sanctions and remedies. (2) Requirement for individuals
704. Waiver.
705. Regulations. No Federal agency shall enter into a con-
706. Definitions. tract with an individual unless such individual
707. Construction of chapter. agrees that the individual will not engage in
the unlawful manufacture, distribution, dis-
§ 701. Drug-free workplace requirements for Fed-
pensation, possession, or use of a controlled
eral contractors
substance in the performance of the contract.
(a) Drug-free workplace requirement (b) Suspension, termination, or debarment of
(1) Requirement for persons other than indi- contractor
viduals (1) Grounds for suspension, termination, or de-
No person, other than an individual, shall be barment
considered a responsible source, under the Each contract awarded by a Federal agency
meaning of such term as defined in section shall be subject to suspension of payments
403(8) of this title, for the purposes of being under the contract or termination of the con-
awarded a contract for the procurement of any tract, or both, and the contractor thereunder
property or services of a value greater than or the individual who entered the contract
the simplified acquisition threshold (as de- with the Federal agency, as applicable, shall
fined in section 403(11) of this title) by any be subject to suspension or debarment in ac-
Federal agency, other than a contract for the cordance with the requirements of this section
procurement of commercial items (as defined if the head of the agency determines that—
in section 403(12) of this title), unless such per- (A) the contractor violates the require-
son agrees to provide a drug-free workplace ments of subparagraph (A), (B), (C), (D), (E),
by— or (F) of subsection (a)(1) of this section; or
(A) publishing a statement notifying em- (B) such a number of employees of such
ployees that the unlawful manufacture, dis- contractor have been convicted of violations
tribution, dispensation, possession, or use of of criminal drug statutes for violations oc-
a controlled substance is prohibited in the curring in the workplace as to indicate that
person’s workplace and specifying the ac- the contractor has failed to make a good
tions that will be taken against employees faith effort to provide a drug-free workplace
for violations of such prohibition; as required by subsection (a) of this section.
(B) establishing a drug-free awareness pro-
(2) Conduct of suspension, termination, and de-
gram to inform employees about—
barment proceedings
(i) the dangers of drug abuse in the work-
place; (A) If a contracting officer determines, in
(ii) the person’s policy of maintaining a writing, that cause for suspension of pay-
drug-free workplace; ments, termination, or suspension or debar-
(iii) any available drug counseling, reha- ment exists, an appropriate action shall be ini-
bilitation, and employee assistance pro- tiated by a contracting officer of the agency,
grams; and to be conducted by the agency concerned in
(iv) the penalties that may be imposed accordance with the Federal Acquisition Reg-
upon employees for drug abuse violations; ulation and applicable agency procedures.
(B) The Federal Acquisition Regulation shall
(C) making it a requirement that each em-
be revised to include rules for conducting sus-
ployee to be engaged in the performance of
pension and debarment proceedings under this
such contract be given a copy of the state-
subsection, including rules providing notice,
ment required by subparagraph (A);
opportunity to respond in writing or in person,
(D) notifying the employee in the state-
and such other procedures as may be necessary
ment required by subparagraph (A), that as
to provide a full and fair proceeding to a con-
a condition of employment on such contract,
tractor or individual in such proceeding.
the employee will—
(i) abide by the terms of the statement; (3) Effect of debarment
and Upon issuance of any final decision under
(ii) notify the employer of any criminal this subsection requiring debarment of a con-
drug statute conviction for a violation oc- tractor or individual, such contractor or indi-
curring in the workplace no later than 5 vidual shall be ineligible for award of any con-
days after such conviction; tract by any Federal agency, and for partici-
pation in any future procurement by any Fed-
(E) notifying the contracting agency with-
eral agency, for a period specified in the deci-
in 10 days after receiving notice under sub-
sion, not to exceed 5 years.
paragraph (D)(ii) from an employee or other-
wise receiving actual notice of such convic- (Pub. L. 100–690, title V, § 5152, Nov. 18, 1988, 102
tion; Stat. 4304; Pub. L. 103–355, title IV, § 4104(d), title
(F) imposing a sanction on, or requiring VIII, § 8301(f), Oct. 13, 1994, 108 Stat. 3342, 3397;
the satisfactory participation in a drug Pub. L. 104–106, div. D, title XLIII, §§ 4301(a)(3),
abuse assistance or rehabilitation program 4321(i)(13), Feb. 10, 1996, 110 Stat. 656, 677.)
§ 702 TITLE 41—PUBLIC CONTRACTS Page 176
AMENDMENTS (ii) the grantee’s policy of maintaining a
1996—Subsec. (a)(1). Pub. L. 104–106, § 4321(i)(13), sub- drug-free workplace;
stituted ‘‘(as defined in section 403(12) of this title)’’ for (iii) any available drug counseling, reha-
‘‘as defined in section 403 of this title’’ in introductory bilitation, and employee assistance pro-
provisions. grams; and
Pub. L. 104–106, § 4301(a)(3)(A), substituted ‘‘agrees to’’ (iv) the penalties that may be imposed
for ‘‘has certified to the contracting agency that it upon employees for drug abuse violations;
will’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 104–106, § 4301(a)(3)(B), sub- (C) making it a requirement that each em-
stituted ‘‘individual agrees’’ for ‘‘contract includes a ployee to be engaged in the performance of
certification by the individual’’. such grant be given a copy of the statement
Subsec. (b)(1). Pub. L. 104–106, § 4301(a)(3)(C), redesig- required by subparagraph (A);
nated subpar. (B) as (A), struck out ‘‘such certification (D) notifying the employee in the state-
by failing to carry out’’ after ‘‘contractor violates’’, re-
ment required by subparagraph (A), that as
designated subpar. (C) as (B), and struck out former
subpar. (A) which read as follows: ‘‘the contractor or a condition of employment in such grant,
individual has made a false certification under sub- the employee will—
section (a) of this section;’’. (i) abide by the terms of the statement;
1994—Subsec. (a)(1). Pub. L. 103–355 substituted and
‘‘greater than the simplified acquisition threshold (as (ii) notify the employer of any criminal
defined in section 403(11) of this title) by any Federal drug statute conviction for a violation oc-
agency, other than a contract for the procurement of curring in the workplace no later than 5
commercial items as defined in section 403 of this days after such conviction;
title,’’ for ‘‘of $25,000 or more from any Federal agency’’
in introductory provisions. (E) notifying the granting agency within
10 days after receiving notice of a conviction
EFFECTIVE DATE OF 1996 AMENDMENT
under subparagraph (D)(ii) from an employee
For effective date and applicability of amendment by or otherwise receiving actual notice of such
Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set conviction;
out as a note under section 251 of this title. (F) imposing a sanction on, or requiring
EFFECTIVE DATE OF 1994 AMENDMENT the satisfactory participation in a drug
For effective date and applicability of amendment by abuse assistance or rehabilitation program
Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set by, any employee who is so convicted, as re-
out as a note under section 251 of this title. quired by section 703 of this title; and
(G) making a good faith effort to continue
EFFECTIVE DATE
to maintain a drug-free workplace through
Section 5160 of Pub. L. 100–690 provided that: ‘‘Sec- implementation of subparagraphs (A), (B),
tions 5152 and 5153 [enacting this section and section 702 (C), (D), (E), and (F).
of this title] shall be effective 120 days after the date of
the enactment of this subtitle [Nov. 18, 1988].’’ (2) Individuals
No Federal agency shall make a grant to any
SHORT TITLE
individual unless such individual agrees as a
Section 5151 of Pub. L. 100–690 provided that: ‘‘This condition of such grant that the individual
subtitle [subtitle D (§§ 5151–5160) of title V of Pub. L. will not engage in the unlawful manufacture,
100–690, enacting this chapter] may be cited as the
distribution, dispensation, possession, or use
‘Drug-Free Workplace Act of 1988’.’’
of a controlled substance in conducting any
CONSISTENCY OF REGULATIONS WITH INTERNATIONAL activity with such grant.
OBLIGATIONS OF UNITED STATES; EXTRATERRITORIAL
(b) Suspension, termination, or debarment of
APPLICATION
grantee
Section 4804 of Pub. L. 100–690 required that regula- (1) Grounds for suspension, termination, or de-
tions promulgated by agency heads be consistent with
international obligations of United States, prior to re-
barment
peal by Pub. L. 103–447, title I, § 103(b), Nov. 2, 1994, 108 Each grant awarded by a Federal agency
Stat. 4693. shall be subject to suspension of payments
under the grant or termination of the grant,
§ 702. Drug-free workplace requirements for Fed-
or both, and the grantee thereunder shall be
eral grant recipients
subject to suspension or debarment, in accord-
(a) Drug-free workplace requirement ance with the requirements of this section if
(1) Persons other than individuals the agency head of the granting agency or his
No person, other than an individual, shall re- official designee determines, in writing, that—
ceive a grant from any Federal agency unless (A) the grantee violates the requirements
such person agrees to provide a drug-free of subparagraph (A), (B), (C), (D), (E), (F), or
workplace by— (G) of subsection (a)(1) of this section; or
(B) such a number of employees of such
(A) publishing a statement notifying em-
grantee have been convicted of violations of
ployees that the unlawful manufacture, dis-
criminal drug statutes for violations occur-
tribution, dispensation, possession, or use of
ring in the workplace as to indicate that the
a controlled substance is prohibited in the
grantee has failed to make a good faith ef-
grantee’s workplace and specifying the ac-
fort to provide a drug-free workplace as re-
tions that will be taken against employees
quired by subsection (a)(1) of this section.
for violations of such prohibition;
(B) establishing a drug-free awareness pro- (2) Conduct of suspension, termination, and de-
gram to inform employees about— barment proceedings
(i) the dangers of drug abuse in the work- A suspension of payments, termination, or
place; suspension or debarment proceeding subject to
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