---
kind: "range"
citation: "41 U.S.C. §§ 8103–8106"
title: "41"
from: "8103"
to: "8106"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/41/8103..8106"
---

# §8103. Drug-free workplace requirements for Federal grant recipients

- (a) **In General.—**
  - (1) **Persons other than individuals.—** A person other than an individual shall not receive a grant from a [Federal agency](/usc/41/8101.md?p=a-7) unless the person agrees to provide a [drug-free workplace](/usc/41/8101.md?p=a-5) by—
    - (A) publishing a statement notifying [employees](/usc/41/8101.md?p=a-6) that the unlawful manufacture, distribution, dispensation, possession, or use of a [controlled substance](/usc/41/8101.md?p=a-2) is prohibited in the [grantee](/usc/41/8101.md?p=a-8)’s workplace and specifying the actions that will be taken against [employees](/usc/41/8101.md?p=a-6) for violations of the prohibition;
    - (B) establishing a drug-free awareness program to inform [employees](/usc/41/8101.md?p=a-6) about—
      - (i) the dangers of drug abuse in the workplace;
      - (ii) the [grantee](/usc/41/8101.md?p=a-8)’s policy of maintaining a [drug-free workplace](/usc/41/8101.md?p=a-5);
      - (iii) available drug counseling, rehabilitation, and [employee](/usc/41/8101.md?p=a-6) assistance programs; and
      - (iv) the penalties that may be imposed on [employees](/usc/41/8101.md?p=a-6) for drug abuse violations;
    - (C) making it a requirement that each [employee](/usc/41/8101.md?p=a-6) to be engaged in the performance of the grant be given a copy of the statement required by [subparagraph (A)](#a-1-A);
    - (D) notifying the [employee](/usc/41/8101.md?p=a-6) in the statement required by [subparagraph (A)](#a-1-A) that as a condition of employment in the grant the [employee](/usc/41/8101.md?p=a-6) will—
      - (i) abide by the terms of the statement; and
      - (ii) notify the employer of any [criminal drug statute](/usc/41/8101.md?p=a-4) [conviction](/usc/41/8101.md?p=a-3) for a violation occurring in the workplace no later than 5 days after the [conviction](/usc/41/8101.md?p=a-3);
    - (E) notifying the granting agency within 10 days after receiving notice under [subparagraph (D)(ii)](#a-1-D-ii) from an [employee](/usc/41/8101.md?p=a-6) or otherwise receiving actual notice of a [conviction](/usc/41/8101.md?p=a-3);
    - (F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any [employee](/usc/41/8101.md?p=a-6) who is convicted, as required by [section 8104 of this title](/usc/41/8104.md); and
    - (G) making a good faith effort to continue to maintain a [drug-free workplace](/usc/41/8101.md?p=a-5) through implementation of [subparagraphs (A) to (F)](#a-1-A..a-1-F).
  - (2) **Individuals.—** A [Federal agency](/usc/41/8101.md?p=a-7) shall not make a grant to an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a [controlled substance](/usc/41/8101.md?p=a-2) 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](/usc/41/8101.md?p=a-7) may be suspended and the grant may be terminated, and the [grantee](/usc/41/8101.md?p=a-8) may be suspended or debarred, in accordance with the requirements of this section, if the head of the agency or the official designee of the head of the agency determines in writing that—
    - (A) the [grantee](/usc/41/8101.md?p=a-8) is violating, or has violated, the requirements of subparagraph [(A)](#a-1-A), [(B)](#a-1-B), [(C)](#a-1-C), [(D)](#a-1-D), [(E)](#a-1-E), [(F)](#a-1-F), or [(G)](#a-1-G) of subsection (a)(1); or
    - (B) the number of [employees](/usc/41/8101.md?p=a-6) of the [grantee](/usc/41/8101.md?p=a-8) who have been convicted of violations of [criminal drug statutes](/usc/41/8101.md?p=a-4) for violations occurring in the workplace indicates that the [grantee](/usc/41/8101.md?p=a-8) has failed to make a good faith effort to provide a [drug-free workplace](/usc/41/8101.md?p=a-5) as required by [subsection (a)(1)](#a-1).
  - (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 prescribed to implement the law or executive order.
  - (3) **Effect of debarment.—** A [grantee](/usc/41/8101.md?p=a-8) debarred by a final decision under this subsection is ineligible for award of a grant by a [Federal agency](/usc/41/8101.md?p=a-7), and for participation in a future grant by a [Federal agency](/usc/41/8101.md?p=a-7), for a period specified in the decision, not to exceed 5 years.

# §8104. Employee sanctions and remedies


Within 30 days after receiving notice from an [employee](/usc/41/8101.md?p=a-6) of a [conviction](/usc/41/8101.md?p=a-3) pursuant to section [8102(a)(1)(D)(ii)](/usc/41/8102.md?p=a-1-D-ii) or [8103(a)(1)(D)(ii)](/usc/41/8103.md?p=a-1-D-ii) of this title, a [contractor](/usc/41/8101.md?p=a-1) or [grantee](/usc/41/8101.md?p=a-8) shall—

- (1) take appropriate personnel action against the [employee](/usc/41/8101.md?p=a-6), up to and including termination; or
- (2) require the [employee](/usc/41/8101.md?p=a-6) to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for those purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

# §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 debarment of a [contractor](/usc/41/8101.md?p=a-1) or [grantee](/usc/41/8101.md?p=a-8) under this chapter 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](/usc/41/8102.md?p=b-1), after a final determination is issued under [section 8102(b)(1)](/usc/41/8102.md?p=b-1), that suspension of payments, termination of the contract, suspension or debarment of the [contractor](/usc/41/8101.md?p=a-1), or refusal to permit a person to be treated as a responsible source for a contract would severely disrupt the operation of the agency to the detriment of the Federal Government or the general public; or
  - (2) in the case of a grant, the head of the agency determines that suspension of payments, termination of the grant, or suspension or debarment of the [grantee](/usc/41/8101.md?p=a-8) would not be in the public interest.
- (b) **Waiver Authority May Not Be Delegated.—** The authority of the head of an agency under this section to waive a suspension, termination, or debarment shall not be delegated.

# §8106. Regulations


Government-wide regulations governing actions under this chapter shall be issued pursuant to division B of subtitle I of this title.