41 U.S.C. § 8104 — Employee sanctions and remedies

Page 187 TITLE 41—PUBLIC CONTRACTS § 8105 (1) PERSONS OTHER THAN INDIVIDUALS.—A per- son other than an individual shall not receive a grant from a Federal agency unless the per- son 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 grantee’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 grantee’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 grant be given a copy of the statement required by subparagraph (A); (D) notifying the employee in the state- ment required by subparagraph (A) that as a condition of employment in the 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 oc- curring in the workplace no later than 5 days after the conviction; (E) notifying the granting agency within 10 days after receiving notice under subpara- graph (D)(ii) from an employee or otherwise 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 grant to an individual unless the indi- vidual agrees not to engage in the unlawful manufacture, distribution, dispensation, pos- session, or use of a controlled substance in conducting an activity with the grant. (b) SUSPENSION, TERMINATION, OR DEBARMENT OF GRANTEE.— (1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.—Payment under a grant awarded by a Federal agency may be sus- pended and the grant may be terminated, and the grantee may be suspended or debarred, in accordance with the requirements of this sec- tion, if the head of the agency or the official designee of the head of the agency determines in writing that— (A) the grantee is violating, or has vio- lated, the requirements of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1); or (B) the number of employees of the grant- ee who have been convicted of violations of criminal drug statutes for violations occur- ring in the workplace indicates that the grantee has failed to make a good faith ef- fort to provide a drug-free workplace as re- quired by subsection (a)(1). (2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT PROCEEDINGS.—A suspension of payments, termination, or suspension or de- barment proceeding subject to this subsection shall be conducted in accordance with applica- ble law, including Executive Order 12549 or any superseding executive order and any regula- tions prescribed to implement the law or exec- utive order. (3) EFFECT OF DEBARMENT.—A grantee debarred by a final decision under this sub- section is ineligible for award of a grant by a Federal agency, and for participation in a fu- ture grant 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. 3828.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8103 ............ 41:702. Pub. L. 100–690, title V, § 5153, Nov. 18, 1988, 102 Stat. 4306; Pub. L. 105–85, div. A, title VIII, § 809, Nov. 18, 1997, 111 Stat. 1838. § 8104. Employee sanctions and remedies Within 30 days after receiving notice from an employee of a conviction pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, a contractor or grantee shall— (1) take appropriate personnel action against the employee, up to and including termi- nation; or (2) require the employee to satisfactorily participate in a drug abuse assistance or reha- bilitation program approved for those pur- poses by a Federal, State, or local health, law enforcement, or other appropriate agency. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3830.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8104 ............ 41:703. Pub. L. 100–690, title V, § 5154, Nov. 18, 1988, 102 Stat. 4307. § 8105. Waiver (a) IN GENERAL.—The head of an agency may waive a suspension of payments, termination of the contract or grant, or suspension or debar- ment of a contractor or grantee under this chap- ter with respect to a particular contract or grant if— (1) in the case of a contract, the head of the agency determines under section 8102(b)(1) of this title, after a final determination is issued under section 8102(b)(1), that suspension of payments, termination of the contract, sus- pension or debarment of the contractor, or re- fusal to permit a person to be treated as a re-