41 U.S.C. § 702 : US Code - Section 702: Drug-free workplace requirements for Federal grant recipients

Search 41 U.S.C. § 702 : US Code - Section 702: Drug-free workplace requirements for Federal grant recipients

(a) Drug-free workplace requirement
(1) Persons other than individuals
No person, other than an individual, shall receive a grant from
any Federal agency unless such person agrees to provide a drug-
free workplace by -
(A) publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensation, possession,
or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(B) establishing a drug-free awareness program to inform
employees about -
(i) the dangers of drug abuse in the workplace;
(ii) the grantee's policy of maintaining a drug-free
workplace;
(iii) any available drug counseling, rehabilitation, and
employee assistance programs; and
(iv) the penalties that may be imposed upon employees for
drug abuse violations;
(C) making it a requirement that each employee to be engaged
in the performance of such grant be given a copy of the
statement required by subparagraph (A);
(D) notifying the employee in the statement required by
subparagraph (A), that as a condition of employment in such
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 occurring in the workplace no
later than 5 days after such conviction;
(E) notifying the granting agency within 10 days after
receiving notice of a conviction under subparagraph (D)(ii)
from an employee or otherwise receiving actual notice of such
conviction;
(F) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted, as required by
section 703 of this title; and
(G) making a good faith effort to continue to maintain a drug-
free workplace through implementation of subparagraphs (A),
(B), (C), (D), (E), and (F).
(2) Individuals
No Federal agency shall make a grant to any individual unless
such individual agrees as a condition of such grant that the
individual will not engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled
substance in conducting any activity with such grant.
(b) Suspension, termination, or debarment of grantee
(1) Grounds for suspension, termination, or debarment
Each grant awarded by a Federal agency shall be subject to
suspension of payments under the grant or termination of the
grant, or both, and the grantee thereunder shall be subject to
suspension or debarment, in accordance with the requirements of
this section if the agency head of the granting agency or his
official designee determines, in writing, that -
(A) the grantee violates the requirements of subparagraph
(A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1) of
this section; or
(B) such a number of employees of such grantee have been
convicted of violations of criminal drug statutes for
violations occurring in the workplace as to indicate that the
grantee has failed to make a good faith effort to provide a
drug-free workplace as required by subsection (a)(1) of this
section.
(2) Conduct of suspension, termination, and debarment proceedings
A suspension of payments, termination, or suspension or
debarment proceeding subject to this subsection shall be
conducted in accordance with applicable law, including Executive
Order 12549 or any superseding Executive order and any
regulations promulgated to implement such law or Executive order.
(3) Effect of debarment
Upon issuance of any final decision under this subsection
requiring debarment of a grantee, such grantee shall be
ineligible for award of any grant from any Federal agency and for
participation in any future grant from any Federal agency for a
period specified in the decision, not to exceed 5 years.