15 U.S.C. § 654 — Paul D. Coverdell drug-free workplace pro-

Page 1037 TITLE 15—COMMERCE AND TRADE § 654 Statutory Notes and Related Subsidiaries CATALOG OF PROGRAMS TO ASSIST RURAL SMALL BUSINESS CONCERNS Pub. L. 101–574, title III, § 304, Nov. 15, 1990, 104 Stat. 2829, required the Small Business Administration to compile a catalog of programs administered by Federal and State departments and agencies which offer assist- ance to small business concerns in rural areas by no later than 180 days after Nov. 15, 1990, and to issue up- dates of the catalog by Feb. 1, 1993, and Feb. 1, 1995. RURAL SMALL BUSINESS CONFERENCES Pub. L. 101–574, title III, § 306, Nov. 15, 1990, 104 Stat. 2829, provided that: ‘‘(a) IN GENERAL.—The Chief Counsel for Advocacy of the Small Business Administration shall, as soon as practicable after the catalog (described in section 305 [probably means section 304, set out above] and herein- after referred to as the ‘catalog’) is issued, but not later than 90 days after the date such catalog is issued, convene regional rural conferences in 5 cities or towns in the United States. ‘‘(b) PREPARATIONS.—Prior to the conferences, the Of- fice of Advocacy shall— ‘‘(1) select the sites for the conferences in order to encourage the maximum participation of all inter- ested parties including private citizens and represent- atives of business, government, educational and non- profit institutions; and ‘‘(2) distribute the catalog of programs and such other background materials prepared by the Office of Advocacy as the Chief Counsel deems appropriate. ‘‘(c) PURPOSES OF THE CONFERENCES.—The conference shall— ‘‘(1) review the effectiveness of current Federal pro- grams to promote rural small business and its needs, with particular reference to the catalog of such pro- grams; ‘‘(2) review how current Federal programs could be made more accessible to small businesses located in rural areas; ‘‘(3) make recommendations on how current pro- grams can be approved to better address small busi- ness needs in rural areas; ‘‘(4) review the availability and cost of capital, transportation, and telecommunications in rural areas; ‘‘(5) review the availability of technical assistance and training programs for small business needs in rural areas, including marketing, computer training, accounting, financing, and international trade; and ‘‘(6) determine any additional needs of small busi- nesses in rural areas. ‘‘(d) REPORT.—The Chief Counsel for Advocacy shall prepare a summary of the findings and recommenda- tions of each regional conference. Not later than 60 days after the last of the 5 regional conferences have been held, the Chief Counsel for Advocacy shall trans- mit such summaries to the Congress and the President, along with conclusions and recommendations, includ- ing specific legislative proposals and recommendations for administrative or other actions. The transmittal of the required information shall be deemed a report of the Chief Counsel for Advocacy under the terms and conditions of section 206 of Public Law 94–305 [15 U.S.C. 634f]. To the extent practicable, the report shall esti- mate the cost of implementing each recommendation of a regional conference as well as those of the Chief Counsel.’’ RURAL TOURISM TRAINING PROGRAM Pub. L. 101–574, title III, § 311, Nov. 15, 1990, 104 Stat. 2832, provided that: ‘‘The Chief Counsel for Advocacy of the Small Business Administration shall conduct train- ing sessions on the types of Federal assistance avail- able for the development of rural small businesses en- gaged in tourism and tourism-related activities. Such training sessions shall be conducted in conjunction with the Office of Rural Affairs (established pursuant to section 26 of the Small Business Act [15 U.S.C. 653]) and appropriate personnel designated by each district office of the Administration.’’ § 654. Paul D. Coverdell drug-free workplace pro- gram (a) Definitions In this section: (1) Drug-free workplace program The term ‘‘drug-free workplace program’’ means a program that includes— (A) a written policy, including a clear statement of expectations for workplace be- havior, prohibitions against reporting to work or working under the influence of ille- gal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of vio- lating those expectations and prohibitions; (B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents; (C) employee illegal drug testing, with analysis conducted by a drug testing labora- tory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pa- thologists for forensic drug testing, and a re- view of each positive test result by a med- ical review officer; (D) employee access to an employee assist- ance program, including confidential assess- ment, referral, and short-term problem reso- lution; and (E) continuing alcohol and drug abuse pre- vention education. (2) Eligible intermediary The term ‘‘eligible intermediary’’ means an organization— (A) that has not less than 2 years of experi- ence in carrying out drug-free workplace programs; (B) that has a drug-free workplace policy in effect; (C) that is located in a State, the District of Columbia, or a territory of the United States; and (D)(i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leader- ship Act of 1988 (21 U.S.C. 1521 et seq.). (3) Employee The term ‘‘employee’’ includes any— (A) applicant for employment; (B) employee; (C) supervisor; (D) manager; (E) officer of a small business concern who is active in management of the concern; and (F) owner of a small business concern who is active in management of the concern. Page 1038 TITLE 15—COMMERCE AND TRADE § 654 (4) Medical review officer The term ‘‘medical review officer’’— (A) means a licensed physician with knowledge of substance abuse disorders; and (B) does not include any— (i) employee of the small business con- cern; or (ii) employee or agent of, or any person having a financial interest in, the labora- tory for which the illegal drug test results are being reviewed. (b) Establishment (1) In general There is established a drug-free workplace demonstration program, under which the Ad- ministrator may make grants to, or enter into cooperative agreements or contracts with, eli- gible intermediaries for the purpose of pro- viding financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. (2) Additional grants for technical assistance In addition to grants under paragraph (1), the Administrator may make grants to, or enter into cooperative agreements or con- tracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program. (3) 2-year grants Each grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator. (c) Promotion of effective practices of eligible intermediaries (1) Technical assistance and information The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assist- ance and information to each eligible inter- mediary under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. (2) Evaluation of program (A) Data collection and analysis Each eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assist- ance provided under this section through the intermediary, including information regard- ing any increase or decrease among employ- ees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph. (B) Method of evaluation The Administrator, after consultation with the Director of the Center for Sub- stance Abuse and Prevention, shall provide technical assistance and guidance to each el- igible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the ef- fectiveness of drug-free workplace programs established with assistance provided under this section, including the information re- ferred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the bene- fits of drug-free workplace programs to the small business concern and to the concern’s employees and the identification of methods suitable for analyzing such information. (d) Evaluation and coordination Not later than 18 months after October 21, 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of Na- tional Drug Control Policy, shall— (1) evaluate the drug-free workplace pro- grams established with assistance made avail- able under this section; and (2) submit to Congress a report describing the results of the evaluation under paragraph (1). (e) Contract authority In carrying out this section, the Adminis- trator may— (1) contract with public and private entities to provide assistance related to carrying out the program under this section; and (2) compensate those entities for provision of that assistance. (f) Construction Nothing in this section may be construed to require an employer who attends a program of- fered by an intermediary to contract for any service offered by the intermediary. (g) Authorization (1) In general There is authorized to be appropriated to carry out this section (other than subsection (b)(2)), $5,000,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph shall remain available until ex- pended. (2) Small business development centers Of the total amount made available under paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000 may be used to carry out section 648(c)(3)(T) of this title. (3) Additional authorization for technical as- sistance grants There are authorized to be appropriated to carry out subsection (b)(2), $1,500,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph shall remain available until expended. (4) Limitation on administrative costs Not more than 5 percent of the total amount made available under this subsection for any fiscal year shall be used for administrative costs (determined without regard to the ad- ministrative costs of eligible intermediaries). Page 1039 TITLE 15—COMMERCE AND TRADE § 655 (Pub. L. 85–536, § 2[27], as added Pub. L. 101–574, title III, § 310, Nov. 15, 1990, 104 Stat. 2831; amended Pub. L. 105–277, div. C, title IX, § 904, Oct. 21, 1998, 112 Stat. 2681–708; Pub. L. 106–554, § 1(a)(9) [title V, § 503(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695; Pub. L. 108–447, div. K, title I, §§ 123–126, Dec. 8, 2004, 118 Stat. 3449–3451.) Editorial Notes REFERENCES IN TEXT The National Narcotics Leadership Act of 1988, re- ferred to in subsec. (a)(2)(D)(ii), is subtitle A of title I of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4181. Chapter 2 of the Act is classified generally to subchapter II (§ 1521 et seq.) of chapter 20 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under former section 1501 of Title 21 and Tables. AMENDMENTS 2004—Subsec. (a)(2)(D). Pub. L. 108–447, § 125, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘the purpose of which is— ‘‘(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or ‘‘(ii) to provide other forms of assistance and serv- ices to small business concerns.’’ Subsec. (b). Pub. L. 108–447, § 124, designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (c). Pub. L. 108–447, § 126, amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Each drug-free workplace pro- gram established with assistance made available under this section shall— ‘‘(1) include, as reasonably necessary and appro- priate, practices and procedures to ensure the con- fidentiality of illegal drug test results and of any par- ticipation by an employee in a rehabilitation pro- gram; ‘‘(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug test; and ‘‘(3) require that a medical review officer reviewing illegal drug test results shall report only the final re- sults, limited to those drugs for which the employee tests positive, in writing and in a manner designed to ensure the confidentiality of the results.’’ Subsec. (g)(1). Pub. L. 108–447, § 123(a), substituted ‘‘(other than subsection (b)(2)), $5,000,000 for each of fis- cal years 2005 and 2006. Amounts made available under this paragraph’’ for ‘‘, $5,000,000 for each of fiscal years 2001 through 2003. Amounts made available under this subsection’’. Subsec. (g)(2). Pub. L. 108–447, § 123(b), substituted ‘‘paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000’’ for ‘‘this subsection, not more than the greater of 10 per- cent or $1,000,000’’. Subsec. (g)(3), (4). Pub. L. 108–447, § 123(c), (d), added pars. (3) and (4). 2000—Pub. L. 106–554, § 1(a)(9) [title V, § 503(a)(1)], sub- stituted ‘‘Paul D. Coverdell drug-free workplace pro- gram’’ for ‘‘Drug-free workplace demonstration pro- gram’’ in section catchline. Subsec. (g)(1). Pub. L. 106–554, § 1(a)(9) [title V, § 503(a)(2)], substituted ‘‘$5,000,000 for each of fiscal years 2001 through 2003’’ for ‘‘$10,000,000 for fiscal years 1999 and 2000’’. 1998—Pub. L. 105–277 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (c) authorizing Administration to make grants to conduct tourism demonstration programs, es- tablishing purpose of program, placing a condition on grant recipients, authorizing appropriations, and re- quiring report to President and Congress. Statutory Notes and Related Subsidiaries FINDINGS AND PURPOSES OF 1998 AMENDMENT Pub. L. 105–277, div. C, title IX, § 902, Oct. 21, 1998, 112 Stat. 2681–707, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) 74 percent of adults who use illegal drugs are employed; ‘‘(2) small business concerns employ over 50 percent of the Nation’s workforce; ‘‘(3) in more than 88 percent of families with chil- dren under the age of 18, at least 1 parent is em- ployed; and ‘‘(4) employees who use and abuse addictive illegal drugs and alcohol increase costs for businesses and risk the health and safety of all employees because— ‘‘(A) absenteeism is 66 percent higher among drug users than individuals who do not use drugs; ‘‘(B) health benefit utilization is 300 percent high- er among drug users than individuals who do not use drugs; ‘‘(C) 47 percent of workplace accidents are drug- related; ‘‘(D) disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and ‘‘(E) employee turnover is significantly higher among drug users than among individuals who do not use drugs. ‘‘(b) PURPOSES.—The purposes of this title [see Short Title of 1998 Amendment note set out under section 631 of this title] are to— ‘‘(1) educate small business concerns about the ad- vantages of a drug-free workplace; ‘‘(2) provide grants and technical assistance in addi- tion to financial incentives to enable small business concerns to create a drug-free workplace; ‘‘(3) assist working parents in keeping their chil- dren drug-free; and ‘‘(4) encourage small business employers and em- ployees alike to participate in drug-free workplace programs.’’ SENSE OF CONGRESS FOR 1998 AMENDMENT Pub. L. 105–277, div. C, title IX, § 903, Oct. 21, 1998, 112 Stat. 2681–708, provided that: ‘‘It is the sense of Con- gress that— ‘‘(1) businesses should adopt drug-free workplace programs; ‘‘(2) States should consider incentives to encourage businesses to adopt drug-free workplace programs; and ‘‘(3) such incentives may include— ‘‘(A) financial incentives, including— ‘‘(i) a reduction in workers’ compensation pre- miums; ‘‘(ii) a reduction in unemployment insurance premiums; and ‘‘(iii) tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or illegal drug testing; and ‘‘(B) other incentives, such as the adoption of li- ability limitations, as recommended by the Presi- dent’s Commission on Model State Drug Laws.’’ § 655. Pilot Technology Access Program (a) Establishment The Administration, in consultation with the National Institute of Standards and Technology and the National Technical Information Service, shall establish a Pilot Technology Access Pro- gram, for making awards under this section to Small Business Development Centers (herein- after in this section referred to as ‘‘Centers’’). (b) Criteria for selection of Centers The Administrator of the Small Business Ad- ministration shall establish competitive, merit-