---
kind: "section"
citation: "41 U.S.C. § 8101"
title: "41"
title_heading: "Public Contracts"
number: "8101"
heading: "Definitions and construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/8101"
units:
  - "Subtitle IV — Miscellaneous"
  - "Chapter 81 — Drug-Free Workplace"
---

# §8101. Definitions and construction

- (a) **Definitions.—** In this chapter:
  - (1) **Contractor.—** The term “contractor” means the department, division, or other unit of a [person](/usc/41/8701.md?p=3) responsible for the performance under the contract.
  - (2) **Controlled substance.—** The term “controlled substance” means a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 812](/usc/21/812.md)).
  - (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 responsibility to determine violations of Federal or [State](/usc/41/8501.md?p=9) [criminal drug statutes](#a-4).
  - (4) **Criminal drug statute.—** The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a [controlled substance](#a-2).
  - (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](/usc/41/8102.md) or [8103](/usc/41/8103.md) of this title; and
    - (B) at which [employees](#a-6) of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a [controlled substance](#a-2) 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](#a-1) or [grantee](#a-8) directly engaged in the performance of work pursuant to the contract or grant described in section [8102](/usc/41/8102.md) or [8103](/usc/41/8103.md) of this title.
  - (7) **Federal agency.—** The term “Federal agency” means an agency as defined in [section 552(f) of title 5](/usc/5/552.md?p=f).
  - (8) **Grantee.—** The term “grantee” means the department, division, or other unit of a [person](/usc/41/8701.md?p=3) responsible for the performance under the grant.
- (b) **Construction.—** This chapter does not require law enforcement agencies to comply with this chapter if the head of the agency determines it would be inappropriate in connection with the agency’s undercover operations.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3826.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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. |  |