§ 701. — Drugfree workplace requirements for Federal contractors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC701]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 10--DRUG-FREE WORKPLACE
Sec. 701. Drug-free workplace requirements for Federal
contractors
(a) Drug-free workplace requirement
(1) Requirement for persons other than individuals
No person, other than an individual, shall be considered a
responsible source, under the meaning of such term as defined in
section 403(8) 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 403(11) of this title) by any Federal agency, other than a
contract for the procurement of commercial items (as defined in
section 403(12) of this title), unless such person agrees to provide
a drug-free workplace by--
(A) 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 such 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) any available drug counseling, rehabilitation, and
employee assistance programs; and
(iv) the penalties that may be imposed upon employees
for drug abuse violations;
(C) making it a requirement that each employee to be engaged
in the performance of such 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 such
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 such 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 such conviction;
(F) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted, as required by
section 703 of this title; and
(G) making a good faith effort to continue to maintain a
drug-free workplace through implementation of subparagraphs (A),
(B), (C), (D), (E), and (F).
(2) Requirement for individuals
No Federal agency shall enter into a contract with an individual
unless such individual agrees that the individual will not 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
(1) Grounds for suspension, termination, or debarment
Each contract awarded by a Federal agency shall be subject to
suspension of payments under the contract or termination of the
contract, or both, and the contractor thereunder or the individual
who entered the contract with the Federal agency, as applicable,
shall be subject to suspension or debarment in accordance with the
requirements of this section if the head of the agency determines
that--
(A) the contractor violates the requirements of subparagraph
(A), (B), (C), (D), (E), or (F) of subsection (a)(1) of this
section; or
(B) such a number of employees of such contractor have been
convicted of violations of criminal drug statutes for violations
occurring in the workplace as to indicate that the contractor
has failed to make a good faith effort to provide a drug-free
workplace as required by subsection (a) of this section.
(2) Conduct of suspension, termination, and debarment
proceedings
(A) If a contracting officer determines, in writing, that cause
for suspension of payments, termination, or suspension or debarment
exists, an appropriate action shall be initiated by a contracting
officer of the agency, to be conducted by the agency concerned in
accordance with the Federal Acquisition Regulation and applicable
agency procedures.
(B) 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 such other procedures as may
be necessary to provide a full and fair proceeding to a contractor
or individual in such proceeding.
(3) Effect of debarment
Upon issuance of any final decision under this subsection
requiring debarment of a contractor or individual, such contractor
or individual shall be ineligible for award of any contract by any
Federal agency, and for participation in any future procurement by
any Federal agency, for a period specified in the decision, not to
exceed 5 years.
(Pub. L. 100-690, title V, Sec. 5152, Nov. 18, 1988, 102 Stat. 4304;
Pub. L. 103-355, title IV, Sec. 4104(d), title VIII, Sec. 8301(f), Oct.
13, 1994, 108 Stat. 3342, 3397; Pub. L. 104-106, div. D, title XLIII,
Secs. 4301(a)(3), 4321(i)(13), Feb. 10, 1996, 110 Stat. 656, 677.)
Amendments
1996--Subsec. (a)(1). Pub. L. 104-106, Sec. 4321(i)(13), substituted
``(as defined in section 403(12) of this title)'' for ``as defined in
section 403 of this title'' in introductory provisions.
Pub. L. 104-106, Sec. 4301(a)(3)(A), substituted ``agrees to'' for
``has certified to the contracting agency that it will'' in introductory
provisions.
Subsec. (a)(2). Pub. L. 104-106, Sec. 4301(a)(3)(B), substituted
``individual agrees'' for ``contract includes a certification by the
individual''.
Subsec. (b)(1). Pub. L. 104-106, Sec. 4301(a)(3)(C), redesignated
subpar. (B) as (A), struck out ``such certification by failing to carry
out'' after ``contractor violates'', redesignated subpar. (C) as (B),
and struck out former subpar. (A) which read as follows: ``the
contractor or individual has made a false certification under subsection
(a) of this section;''.
1994--Subsec. (a)(1). Pub. L. 103-355 substituted ``greater than the
simplified acquisition threshold (as defined in section 403(11) of this
title) by any Federal agency, other than a contract for the procurement
of commercial items as defined in section 403 of this title,'' for ``of
$25,000 or more from any Federal agency'' in introductory provisions.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date
Section 5160 of Pub. L. 100-690 provided that: ``Sections 5152 and
5153 [enacting this section and section 702 of this title] shall be
effective 120 days after the date of the enactment of this subtitle
[Nov. 18, 1988].''
Short Title
Section 5151 of Pub. L. 100-690 provided that: ``This subtitle
[subtitle D (Secs. 5151-5160) of title V of Pub. L. 100-690, enacting
this chapter] may be cited as the `Drug-Free Workplace Act of 1988'.''
Consistency of Regulations With International Obligations of United
States; Extraterritorial Application
Section 4804 of Pub. L. 100-690 required that regulations
promulgated by agency heads be consistent with international obligations
of United States, prior to repeal by Pub. L. 103-447, title I,
Sec. 103(b), Nov. 2, 1994, 108 Stat. 4693.
Section Referred to in Other Sections
This section is referred to in sections 703, 704, 706 of this title.
