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8105.
Waiver. 
8106.
Regulations. 
§ 8101. Definitions and construction 
(a) DEFINITIONS.—In this chapter: 
(1) CONTRACTOR.—The term ‘‘contractor’’ means the department, 
division, or other unit of a person 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). 
(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 criminal drug statutes. 
(4) CRIMINAL DRUG STATUTE.—The term ‘‘criminal drug statute’’ 
means a criminal statute involving manufacture, distribution, dispensa-
tion, use, or possession of a controlled substance. 
(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 spe-
cific contract or grant described in section 8102 or 8103 of this 
title; and 
(B) at which employees of the entity are prohibited from engag-
ing in the unlawful manufacture, distribution, dispensation, pos-
session, or use of a controlled substance 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 or grantee directly engaged in the performance of work pur-
suant to the contract or grant described in section 8102 or 8103 of 
this title. 
(7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an agen-
cy as defined in section 552(f) of title 5. 
(8) GRANTEE.—The term ‘‘grantee’’ means the department, division, 
or other unit of a person 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 oper-
ations. 
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§ 8102. Drug-free workplace requirements for Federal con-
tractors 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than an 
individual shall not be considered a responsible source (as defined in 
section 113 of this title) for the purposes of being awarded a contract 
for the procurement of any property or services of a value greater than 
the simplified acquisition threshold (as defined in section 134 of this 
title) by a Federal agency, other than a contract for the procurement 
of commercial items (as defined in section 103 of this title), unless the 
person agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the unlaw-
ful manufacture, distribution, dispensation, possession, or use of 
a controlled substance is prohibited in the person’s workplace and 
specifying the actions that will be taken against employees for vio-
lations of the prohibition; 
(B) establishing a drug-free awareness program to inform em-
ployees about— 
(i) the dangers of drug abuse in the workplace; 
(ii) the person’s policy of maintaining a drug-free work-
place; 
(iii) available drug counseling, rehabilitation, 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 employee to be engaged 
in the performance of the contract be given a copy of the state-
ment required by subparagraph (A); 
(D) notifying the employee in the statement required by sub-
paragraph (A) that as a condition of employment on the contract 
the employee will— 
(i) abide by the terms of the statement; and 
(ii) notify the employer of any criminal drug statute convic-
tion for a violation occurring in the workplace no later than 
5 days after the conviction; 
(E) notifying the contracting agency within 10 days after receiv-
ing notice under subparagraph (D)(ii) from an employee or other-
wise receiving actual notice of a conviction; 
(F) imposing a sanction on, or requiring the satisfactory partici-
pation in a drug abuse assistance or rehabilitation program by, 
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any employee who is convicted, as required 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 contract with 
an individual unless the individual agrees not to engage in the unlawful 
manufacture, distribution, dispensation, possession, or use of a con-
trolled substance in the performance of the contract. 
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTOR.— 
(1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.— 
Payment under a contract awarded by a Federal agency may be sus-
pended and the contract may be terminated, and the contractor or indi-
vidual who made the contract with the agency may be suspended or 
debarred in accordance with the requirements of this section, if the 
head of the agency determines that— 
(A) the contractor is violating, or has violated, the requirements 
of subparagraph (A), (B), (C), (D), (E), or (F) of subsection 
(a)(1); or 
(B) the number of employees of the contractor who have been 
convicted of violations of criminal drug statutes for violations oc-
curring in the workplace indicates that the contractor has failed 
to make a good faith effort to provide a drug-free workplace as 
required by subsection (a). 
(2) CONDUCT
OF
SUSPENSION, TERMINATION, AND
DEBARMENT 
PROCEEDINGS.—A contracting officer who determines in writing that 
cause for suspension of payments, termination, or suspension or debar-
ment exists shall initiate an appropriate action, to be conducted by the 
agency concerned in accordance with the Federal Acquisition Regula-
tion and applicable agency procedures. The Federal Acquisition Regula-
tion shall be revised to include rules for conducting suspension and de-
barment proceedings under this subsection, including rules providing 
notice, opportunity to respond in writing or in person, and other proce-
dures as may be necessary to provide a full and fair proceeding to a 
contractor or individual. 
(3) EFFECT OF DEBARMENT.—A contractor or individual debarred 
by a final decision under this subsection is ineligible for award of a 
contract by a Federal agency, and for participation in a future procure-
ment by a Federal agency, for a period specified in the decision, not 
to exceed 5 years. 
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