15 U.S.C. § 654 : US Code - Section 654: Paul D. Coverdell drug-free workplace program

Search 15 U.S.C. § 654 : US Code - Section 654: Paul D. Coverdell drug-free workplace program

(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 behavior, prohibitions against
reporting to work or working under the influence of illegal
drugs or alcohol, prohibitions against the use or possession of
illegal drugs in the workplace, and the consequences of
violating 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 laboratory certified by the Substance Abuse and
Mental Health Services Administration, or approved by the
College of American Pathologists for forensic drug testing, and
a review of each positive test result by a medical review
officer;
(D) employee access to an employee assistance program,
including confidential assessment, referral, and short-term
problem resolution; and
(E) continuing alcohol and drug abuse prevention education.
(2) Eligible intermediary
The term "eligible intermediary" means an organization -
(A) that has not less than 2 years of experience 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 Leadership 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.
(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 concern; or
(ii) employee or agent of, or any person having a financial
interest in, the laboratory 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 Administrator may make grants to, or
enter into cooperative agreements or contracts with, eligible
intermediaries for the purpose of providing 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
contracts 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 assistance and information to each eligible
intermediary under subsection (b) of this section 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 assistance provided under this
section through the intermediary, including information
regarding any increase or decrease among employees 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) of this section 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 Substance Abuse and Prevention, shall provide
technical assistance and guidance to each eligible intermediary
receiving a grant under subsection (b) of this section
regarding the collection and analysis of information to
evaluate the effectiveness of drug-free workplace programs
established with assistance provided under this section,
including the information referred to in paragraph (1). Such
assistance shall include the identification of additional
information suitable for measuring the benefits 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
National Drug Control Policy, shall -
(1) evaluate the drug-free workplace programs established with
assistance made available 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 Administrator 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 offered 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 expended.
(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 assistance grants
There are authorized to be appropriated to carry out subsection
(b)(2) of this section, $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
administrative costs of eligible intermediaries).