I
105TH CONGRESS
2D SESSION
H. R. 3853
To promote drug-free workplace programs.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1998
Mr. PORTMAN (for himself, Mr. BISHOP, and Mr. SOUDER) introduced the
following bill; which was referred to the Committee on Small Business
A BILL
To promote drug-free workplace programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug-Free Workplace
Act of 1998’’.
SEC. 2. FINDINGS; PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) 74 percent of adults who use illegal drugs
are employed;
(2) small business concerns employ over 50 per-
cent of the Nation’s workforce;
(3) in over 88 percent of families with children
under the age of 18, at least 1 parent is employed;
and
(4) employees who use drugs increase costs for
businesses and risk the health and safety of all em-
ployees because—
(A) absenteeism is 66 percent higher
among drug users than nondrug users;
(B) health benefit utilization is 300
percent higher among drug users than
nondrug users;
(C) 47 percent of workplace accidents
are drug-related;
(D) disciplinary actions are 90 per-
cent higher among drug users than
nondrug users; and
(E) employee turnover is significantly
higher among drug users than nondrug
users.
(b) PURPOSES.—The purposes of this Act are to—
(1) educate small business concerns about the
advantages of a drug-free workplace;
(2) provide financial incentives and technical
assistance to enable small business concerns to cre-
ate a drug-free workplace; and
(3) assist working parents in keeping their chil-
dren drug-free.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) businesses should adopt drug-free workplace
programs; and
(2) States should consider financial incentives,
such as reductions in workers’ compensation pre-
miums, to encourage businesses to adopt drug-free
workplace programs.
SEC. 4. DRUG-FREE WORKPLACE DEMONSTRATION PRO-
GRAM.
The Small Business Act (15 U.S.C. 636 et seq.) is
amended by—
(1) redesignating sections (30) and (31) as sec-
tions (31) and (32), respectively; and
(2) inserting the following new section:
‘‘SEC. 30. DRUG-FREE WORKPLACE DEMONSTRATION PRO-
GRAM.
‘‘(a) ESTABLISHMENT.—There is established a drug-
free workplace demonstration program, under which the
Administration may make grants to eligible intermediaries
for the purpose of providing financial and technical assist-
ance to small business concerns seeking to start a drug-
free workplace program.
‘‘(b) ELIGIBILITY FOR PARTICIPATION.—An inter-
mediary shall be eligible to receive a grant under sub-
section (a) if it meets the following criteria:
‘‘(1) It is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that
is exempt from tax under section 5(a) of such Act,
a program of such organization, or provides services
to such organization.
‘‘(2) Its primary purpose is to develop com-
prehensive drug-free workplace programs or to sup-
ply drug-free workplace services.
‘‘(3) It has at least 2 years of experience in
drug-free workplace programs.
‘‘(4) It has a drug-free workplace policy in ef-
fect.
‘‘(c) REQUIREMENTS FOR PROGRAM.—Any drug-free
workplace program established as a result of this section
shall include—
‘‘(1) a written policy, including a clear state-
ment of expectations for workplace behavior, prohibi-
tions against substances in the workplace, and the
consequences of violating such expectations and pro-
hibitions;
‘‘(2) training for at least 60 minutes for em-
ployees and supervisors;
‘‘(3) additional training for supervisors and em-
ployees who are parents;
‘‘(4) employee drug testing; and
‘‘(5) employee access to an employee assistance
program, including assessment, referral, and prob-
lem resolution.
‘‘(d) AUTHORIZATION.—There are authorized to be
appropriated to carry out the provisions of this section,
$10,000,000 for fiscal year 1999 and such sums may re-
main available until expended.
SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(c)(3) of the Small Business Act (15
U.S.C. 648(c)(3)) is amended—
(1) in subparagraph (R) by striking ‘‘and’’;
(2) in subparagraph (S) by striking the period
and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) providing information and assistance to
small business concerns with respect to developing
drug-free workplace programs.’’.
SEC. 6. CONTRACT AUTHORITY.
The Small Business Administrator may contract with
and compensate government and private agencies or per-