§ 702. — Drugfree workplace requirements for Federal grant recipients.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC702]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 10--DRUG-FREE WORKPLACE
Sec. 702. Drug-free workplace requirements for Federal grant
recipients
(a) Drug-free workplace requirement
(1) Persons other than individuals
No person, other than an individual, shall receive a grant from
any Federal agency 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 grantee'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 grantee'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 grant 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 in such
grant, 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 granting agency within 10 days after
receiving notice of a conviction 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) Individuals
No Federal agency shall make a grant to any individual unless
such individual agrees as a condition of such grant that the
individual will not engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled
substance in conducting any activity with such grant.
(b) Suspension, termination, or debarment of grantee
(1) Grounds for suspension, termination, or debarment
Each grant awarded by a Federal agency shall be subject to
suspension of payments under the grant or termination of the grant,
or both, and the grantee thereunder shall be subject to suspension
or debarment, in accordance with the requirements of this section if
the agency head of the granting agency or his official designee
determines, in writing, that--
(A) the grantee violates the requirements of subparagraph
(A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1) of
this section; or
(B) such a number of employees of such grantee have been
convicted of violations of criminal drug statutes for violations
occurring in the workplace as to indicate that the grantee has
failed to make a good faith effort to provide a drug-free
workplace as required by subsection (a)(1) of this section.
(2) Conduct of suspension, termination, and debarment
proceedings
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 promulgated
to implement such law or Executive order.
(3) Effect of debarment
Upon issuance of any final decision under this subsection
requiring debarment of a grantee, such grantee shall be ineligible
for award of any grant from any Federal agency and for participation
in any future grant from any Federal agency for a period specified
in the decision, not to exceed 5 years.
(Pub. L. 100-690, title V, Sec. 5153, Nov. 18, 1988, 102 Stat. 4306;
Pub. L. 105-85, div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat.
1838.)
References in Text
Executive Order 12549, referred to in subsec. (b)(2), is set out as
a note under section 6101 of Title 31, Money and Finance.
Amendments
1997--Subsec. (a)(1). Pub. L. 105-85, Sec. 809(1)(A), substituted
``agrees to'' for ``has certified to the granting agency that it will''
in introductory provisions.
Subsec. (a)(2). Pub. L. 105-85, Sec. 809(1)(B), substituted
``agrees'' for ``certifies to the agency''.
Subsec. (b)(1)(A). Pub. L. 105-85, Sec. 809(2)(C), struck out ``such
certification by failing to carry out'' after ``violates''.
Pub. L. 105-85, Sec. 809(2)(A), (B), redesignated subpar. (B) as (A)
and struck out former subpar. (A) which read as follows: ``the grantee
has made a false certification under subsection (a) of this section;''.
Subsec. (b)(1)(B), (C). Pub. L. 105-85, Sec. 809(2)(B), redesignated
subpars. (B) and (C) as (A) and (B), respectively.
Effective Date
Section effective 120 days after Nov. 18, 1988, see section 5160 of
Pub. L. 100-690, set out as a note under section 701 of this title.
Section Referred to in Other Sections
This section is referred to in sections 703, 706 of this title;
title 42 section 12644.
