41 U.S.C. § 8102 — Drug-free workplace requirements for

Page 185 TITLE 41—PUBLIC CONTRACTS § 8102 the Secretary of the Treasury taking into con- sideration current private commercial rates of interest for new loans maturing in approxi- mately 5 years. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3825.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7109(a)(1) .... 41:611 (1st sentence). Pub. L. 95–563, § 12, Nov. 1, 1978, 92 Stat. 2389. 7109(a)(2) .... 41:611 note. Pub. L. 102–572, title IX, § 907(a)(3), Oct. 29, 1992, 106 Stat. 4518. 7109(b) ........ 41:611 (last sen- tence). In subsection (a)(2), the words ‘‘on or after the date of the enactment of this Act’’, ‘‘the later of’’, and ‘‘or the date of the enactment of this Act’’ are omitted as obsolete. Subsection (b) is substituted for ‘‘The interest pro- vided for in this section shall be paid at the rate estab- lished by the Secretary of the Treasury pursuant to Public Law 92–41 (85 Stat. 97) for the Renegotiation Board’’ to eliminate obsolete language and to codify the criteria under which the interest rate is computed. Section 2(a)(3) of the Act of July 1, 1971 (Pub. L. 92–41, 85 Stat. 97), amended section 105(b)(2) of the Renegoti- ation Act of 1951 (Mar. 23, 1951, ch. 15, 65 Stat. 13) by adding provisions substantially similar to those en- acted here. However, the Renegotiation Act of 1951 (Mar. 23, 1951, ch. 15, 65 Stat. 7) was omitted from the Code pursuant to section 102(c)(1) of the Act (65 Stat. 8), amended several times, the last being Public Law 94–185 (89 Stat. 1061), which provided that most provisions of that Act do not apply to receipts and accruals attrib- utable to contract performance after September 30, 1976, and in view of the termination of the Renegoti- ation Board and the transfer of property and records of the Board to the Administrator of the General Services Administration on March 31, 1979, pursuant to Public Law 95–431 (92 Stat. 1043). Although the Renegotiation Board is no longer in existence, Federal agencies, in- cluding the General Services Administration, are re- quired to use interest rates that are computed under the criteria set out in this subsection. See 31:3902(a) and the website of the Bureau of the Public Debt, avail- able at http://www.publicdebt.treas.gov/opd/ opdprmt2.htm. For an example of publication of rates under the criteria enacted here, see Federal Register, volume 67, number 247, page 78566, December 24, 2002. Subtitle IV—Miscellaneous Chapter Sec. 81. Drug-Free Workplace ......................... 8101 83. Buy American ....................................... 8301 85. Committee for Purchase From Peo- ple Who Are Blind or Severely Disabled ............................................. 8501 87. Kickbacks .............................................. 8701 CHAPTER 81—DRUG-FREE WORKPLACE Sec. 8101. Definitions and construction. 8102. Drug-free workplace requirements for Federal contractors. 8103. Drug-free workplace requirements for Federal grant recipients. 8104. Employee sanctions and remedies. 8105. Waiver. 8106. Regulations. § 8101. Definitions and construction (a) DEFINITIONS.—In this chapter: (1) CONTRACTOR.—The term ‘‘contractor’’ means the department, division, or other unit of a person responsible for the performance under the contract. (2) CONTROLLED SUBSTANCE.—The term ‘‘con- trolled substance’’ means a controlled sub- stance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812). (3) CONVICTION.—The term ‘‘conviction’’ means a finding of guilt (including a plea of nolo contendere), an imposition of sentence, or both, by a judicial body charged with the re- sponsibility to determine violations of Federal or State criminal drug statutes. (4) CRIMINAL DRUG STATUTE.—The term ‘‘criminal drug statute’’ means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance. (5) DRUG-FREE WORKPLACE.—The term ‘‘drug- free workplace’’ means a site of an entity— (A) for the performance of work done in connection with a specific contract or grant described in section 8102 or 8103 of this title; and (B) at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4181). (6) EMPLOYEE.—The term ‘‘employee’’ means the employee of a contractor or grantee di- rectly engaged in the performance of work pursuant to the contract or grant described in section 8102 or 8103 of this title. (7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an agency as defined in section 552(f) of title 5. (8) GRANTEE.—The term ‘‘grantee’’ means the department, division, or other unit of a person responsible for the performance under the grant. (b) CONSTRUCTION.—This chapter does not re- quire law enforcement agencies to comply with this chapter if the head of the agency deter- mines it would be inappropriate in connection with the agency’s undercover operations. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3826.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8101(a)(1) .... 41:706(7). Pub. L. 100–690, title V, §§ 5157, 5158, Nov. 18, 1988, 102 Stat. 4308. 8101(a)(2) .... 41:706(3). 8101(a)(3) .... 41:706(4). 8101(a)(4) .... 41:706(5). 8101(a)(5) .... 41:706(1). 8101(a)(6) .... 41:706(2). 8101(a)(7) .... 41:706(8). 8101(a)(8) .... 41:706(6). 8101(b) ........ 41:707. § 8102. Drug-free workplace requirements for Federal contractors (a) IN GENERAL.— (1) PERSONS OTHER THAN INDIVIDUALS.—A per- son other than an individual shall not be con- sidered a responsible source (as defined in sec- tion 113 of this title) for the purposes of being Page 186 TITLE 41—PUBLIC CONTRACTS § 8103 awarded a contract for the procurement of any property or services of a value greater than the simplified acquisition threshold (as de- fined in section 134 of this title) by a Federal agency, other than a contract for the procure- ment of commercial products or commercial services (as defined in sections 103 and 103a, re- spectively, of this title), unless the person agrees to provide a drug-free workplace by— (A) publishing a statement notifying em- ployees that the unlawful manufacture, dis- tribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s workplace and specifying the ac- tions that will be taken against employees for violations of the prohibition; (B) establishing a drug-free awareness pro- gram to inform employees about— (i) the dangers of drug abuse in the work- place; (ii) the person’s policy of maintaining a drug-free workplace; (iii) available drug counseling, rehabili- tation, and employee assistance programs; and (iv) the penalties that may be imposed on employees for drug abuse violations; (C) making it a requirement that each em- ployee to be engaged in the performance of the contract be given a copy of the state- ment required by subparagraph (A); (D) notifying the employee in the state- ment required by subparagraph (A) that as a condition of employment on the 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 oc- curring in the workplace no later than 5 days after the conviction; (E) notifying the contracting agency with- in 10 days after receiving notice under sub- paragraph (D)(ii) from an employee or other- wise receiving actual notice of a conviction; (F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as re- quired by section 8104 of this title; and (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A) to (F). (2) INDIVIDUALS.—A Federal agency shall not make a contract with an individual unless the individual agrees not to engage in the unlaw- ful 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.—Payment under a contract awarded by a Federal agency may be sus- pended and the contract may be terminated, and the contractor or individual who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency deter- mines that— (A) the contractor is violating, or has vio- lated, the requirements of subparagraph (A), (B), (C), (D), (E), or (F) of subsection (a)(1); or (B) the number of employees of the con- tractor who have been convicted of viola- tions of criminal drug statutes for violations occurring in the workplace indicates that the contractor has failed to make a good faith effort to provide a drug-free workplace as required by subsection (a). (2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT PROCEEDINGS.—A contracting officer who determines in writing that cause for suspension of payments, termination, or suspension or debarment exists shall initiate an appropriate action, to be conducted by the agency concerned in accordance with the Fed- eral Acquisition Regulation and applicable agency procedures. The Federal Acquisition Regulation shall be revised to include rules for conducting suspension and debarment pro- ceedings under this subsection, including rules providing notice, opportunity to respond in writing or in person, and other procedures as may be necessary to provide a full and fair proceeding to a contractor or individual. (3) EFFECT OF DEBARMENT.—A contractor or individual debarred by a final decision under this subsection is ineligible for award of a con- tract by a Federal agency, and for participa- tion in a future procurement by a Federal agency, for a period specified in the decision, not to exceed 5 years. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3827; Pub. L. 115–232, div. A, title VIII, § 836(b)(20), Aug. 13, 2018, 132 Stat. 1864.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8102 ............ 41:701. Pub. L. 100–690, title V, § 5152, Nov. 18, 1988, 102 Stat. 4304; Pub. L. 103–355, title IV, § 4104(d), title VIII, § 8301(f), Oct. 13, 1994, 108 Stat. 3342, 3397; Pub. L. 104–106, div. D, title XLIII, §§ 4301(a)(3), 4321(i)(13), Feb. 10, 1996, 110 Stat. 656, 677. Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–232 substituted ‘‘com- mercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)’’ for ‘‘commercial items (as defined in section 103 of this title)’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 8103. Drug-free workplace requirements for Federal grant recipients (a) IN GENERAL.—