15 U.S.C. § 5110 — Drug-free workplace

Page 2184 TITLE 15—COMMERCE AND TRADE § 5108 at the close of fiscal years 1993, 1995, and 1997 shall also contain a complete summary of ac- tivities under the management plan and the re- search plan from the first year of their oper- ation, along with an analysis of the extent to which they have succeeded in accomplishing the purposes of this chapter. (Pub. L. 100–680, § 8, Nov. 17, 1988, 102 Stat. 4076; Pub. L. 102–486, title XXI, § 2106(a)(2), Oct. 24, 1992, 106 Stat. 3070; Pub. L. 110–229, title VI, § 602(c)(2), May 8, 2008, 122 Stat. 853.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–229 inserted ‘‘, beginning with fiscal year 2008,’’ after ‘‘close of each fiscal year’’. 1992—Pub. L. 102–486 inserted sentence at end relating to reports submitted at the close of fiscal years 1993, 1995, and 1997. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 90 of House Document No. 103–7. § 5108. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this chapter $12,000,000 for each of the fiscal years 2008 through 2012. (Pub. L. 100–680, § 9, Nov. 17, 1988, 102 Stat. 4076; Pub. L. 102–486, title XXI, § 2106(a)(3), (4), Oct. 24, 1992, 106 Stat. 3070; Pub. L. 110–229, title VI, § 602(a), May 8, 2008, 122 Stat. 853.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–229 amended section generally. Prior to amendment, section authorized appropriations to the Secretary and to the Director of the National Insti- tute of Standards and Technology to carry out func- tions under this chapter. 1992—Subsec. (a)(1). Pub. L. 102–486, § 2106(3), sub- stituted ‘‘$25,000,000 for fiscal year 1991, $17,968,000 for fiscal year 1992, and $18,091,000 for each of the fiscal years 1993 through 1997, to be derived from sums au- thorized under section 13451(e) of title 42’’ for ‘‘and $25,000,000 for fiscal year 1991’’. Subsec. (b). Pub. L. 102–486, § 2106(4), substituted ‘‘1991, 1992, 1993, 1994, 1995, 1996, and 1997, to be derived from sums otherwise authorized to be appropriated to the Institute’’ for ‘‘and 1991’’. § 5109. Relation of existing program Proposals received by the Department of En- ergy before November 17, 1988, may be carried out without regard to changes in the manage- ment plan and research plan required by this chapter. (Pub. L. 100–680, § 10, Nov. 17, 1988, 102 Stat. 4076.) § 5110. Drug-free workplace (a) No department, agency, or instrumentality of the United States receiving funds authorized to be appropriated under this chapter for fiscal year 1989, fiscal year 1990, fiscal year 1991, fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal year 1995, fiscal year 1996, and fiscal year 1997, or under any other Act authorizing appropriations for fiscal year 1989, fiscal year 1990, fiscal year 1991, fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal year 1995, fiscal year 1996, and fiscal year 1997, shall obligate or spend any such funds, unless such department, agency, or instrumen- tality has in place, and will continue to admin- ister in good faith, a written policy designed to ensure that all of its work places are free from the illegal use, possession, or distribution of controlled substances (as defined in the Con- trolled Substances Act [21 U.S.C. 801 et seq.]) by the officers and employees of such department, agency, or instrumentality. (b) No funds so authorized to be appropriated to any such department, agency, or instrumen- tality shall be available for payment in connec- tion with any grant, contract, or other agree- ment, unless the recipient of such grant, con- tract, or party to such agreement, as the case may be, has in place and will continue to admin- ister in good faith a written policy, adopted by such recipient, contractor, or party’s board of directors or other governing authority, satisfac- tory to the head of the department, agency, or instrumentality making such payment, designed to ensure that all of the workplace of such re- cipient, contractor, or party are free from the il- legal use, possession, or distribution of con- trolled substances (as defined in the Controlled Substances Act [21 U.S.C. 801 et seq.]) by the of- ficers and employees of such recipient, con- tractor, or party. (Pub. L. 100–680, § 11, Nov. 17, 1988, 102 Stat. 4077; Pub. L. 102–486, title XXI, § 2106(a)(5), Oct. 24, 1992, 106 Stat. 3070.) Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in text, is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For com- plete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Ta- bles. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–486 substituted ‘‘fiscal year 1991, fiscal year 1992, fiscal year 1993, fiscal year 1994, fiscal year 1995, fiscal year 1996, and fiscal year 1997’’ for ‘‘or fiscal year 1991’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–685, title II, § 215, Nov. 17, 1988, 102 Stat. 4093, provided that: ‘‘(a) No funds authorized to be appropriated under this Act, or under any other Act authorizing appropria- tions for fiscal year 1989 through 1993 for the [National Aeronautics and Space] Administration, shall be obli- gated or expended unless the Administration has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its work- places are free from the illegal use, possession, or dis- tribution of controlled substances (as defined in the Controlled Substances Act [21 U.S.C. 801 et seq.]) by the officers and employees of the Administration. ‘‘(b) No funds authorized to be appropriated to the Administration for fiscal years 1989 through 1993 shall Page 2185 TITLE 15—COMMERCE AND TRADE § 5202 1 So in original. Probably should be followed by ‘‘and’’. be available for payment in connection with any grant, contract, or other agreement, unless the recipient of such grant, contractor, or party to such agreement, as the case may be, has in place and will continue to ad- minister in good faith a written policy, adopted by the board of directors or other government authority of such recipient, contractor, or party, satisfactory to the Administrator of the [National Aeronautics and Space] Administration, designed to ensure that all of the workplaces of such recipient, contractor, or party are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Sub- stances Act) by the officers and employees of such re- cipient, contractor, or party. ‘‘(c) The provisions of this section, and the provisions of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 [15 U.S.C. 5101 et seq.], the National Institute of Standards and Tech- nology Authorization Act for Fiscal Year 1989 [Pub. L. 100–519, title I, Oct. 24, 1988, 102 Stat. 2589], the National Science Foundation Authorization Act for Fiscal Years 1989 and 1990 [probably means Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2865], and the National Nutrition Moni- toring and Related Research Act of 1988 [probably means S. 1081, One Hundredth Congress, which was pocket vetoed], relating to a drug-free workplace, shall not be effective until January 16, 1989.’’ CHAPTER 78—SUPERCONDUCTIVITY AND COMPETITIVENESS Sec. 5201. Findings and purposes. 5202. National Action Plan on Advanced Super- conductivity Research and Development. 5203. Department of Energy. 5204. National Institute of Standards and Tech- nology. 5205. National Science Foundation. 5206. National Aeronautics and Space Administra- tion. 5207. Department of Defense. 5208. International cooperation. 5209. Technology transfer. § 5201. Findings and purposes (a) Findings The Congress finds that— (1) recent discoveries of high-temperature superconducting materials could result in sig- nificant new applications of these materials in such areas as microelectronics, computers, power systems, transportation, medical imag- ing, and nuclear fusion, yet most potential ap- plications may well lie beyond our ability to predict them; (2) full application of the new super- conductors is expected to require 10 to 20 years, thus calling for long-term commit- ments by the public and private sector to ap- propriate research and development programs; (3) the Nation’s economic competitiveness and strategic well-being depend greatly on the development and application of critical ad- vanced technologies such as those anticipated to evolve from the new superconducting mate- rials; (4) the United States manufacturing indus- tries confront strong competition in both do- mestic and world markets as other countries are increasingly taking advantage of modern technology and production techniques and in- novative management focused on quality; (5) whereas we have as a Nation been highly successful in the conduct of basic research in a variety of scientific areas, including super- conductivity, other nations have been highly successful in the commercial and military ap- plication of the results of such fundamental research; (6) if the United States is to begin its com- petitive advantage, it must commit sufficient long-term resources to solving processing and manufacturing problems in parallel with basic research and development; (7) Federal agencies have responded aggres- sively to this exciting challenge by reprogram- ming funds to basic superconductivity re- search while informally coordinating their ef- forts to avoid unnecessary duplication; and further commitment of Federal funding and efforts directed to developing manufacturing, materials processing, and fabrication tech- nologies is essential so that these activities may be conducted in parallel; (8) successful development and application of the new superconducting materials will re- quire close collaboration between the Federal Government and the industrial and academic components of the private sector, as well as coordinating among the Federal departments and agencies involved in research and develop- ment on superconductors; (9) a committed Federal program effort with appropriate long-term goals, priorities, and adequate resources is necessary for the rapid development and application of the new super- conducting materials; and (10) a national program should serve as a test of new agency authorities directed at technological competitiveness such as those provided to the Department of Energy. (b) Purposes The purposes of this chapter are— (1) to establish a 5-year national action plan to research and develop new high-temperature superconducting materials with appropriate goals and priorities; 1 (2) to designate the appropriate roles, mech- anisms, and responsibilities of various Federal departments and agencies in implementing such a national research and development ac- tion plan. (Pub. L. 100–697, § 2, Nov. 19, 1988, 102 Stat. 4613.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–697, § 1, Nov. 19, 1988, 102 Stat. 4613, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘National Superconductivity and Competi- tiveness Act of 1988’.’’ § 5202. National Action Plan on Advanced Super- conductivity Research and Development (a) Establishment (1) The Director of the Office of Science and Technology Policy shall establish a 5-year Na- tional Action Plan on Advanced Superconduc- tivity Research and Development (hereinafter in this chapter referred to as the ‘‘Superconduc- tivity Action Plan’’). (2) The Office of Science and Technology Pol- icy shall coordinate the development of the