191 
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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192 
§ 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 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 grantee’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 grantee’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 grant be given a copy of the statement 
required by subparagraph (A); 
(D) notifying the employee in the statement required by sub-
paragraph (A) that as a condition of employment in the grant 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 granting agency within 10 days after receiving 
notice under subparagraph (D)(ii) from an employee or otherwise 
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, 
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). 
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193 
(2) INDIVIDUALS.—A Federal agency 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 con-
trolled substance 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 may be sus-
pended and the grant may be terminated, and the grantee may be sus-
pended or debarred, in accordance with the requirements of this sec-
tion, if the head of the agency or the official designee of the head of 
the agency determines in writing that— 
(A) the grantee is violating, or has violated, the requirements 
of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection 
(a)(1); or 
(B) the number of employees of the grantee who have been con-
victed of violations of criminal drug statutes for violations occur-
ring in the workplace indicates that the grantee has failed to make 
a good faith effort to provide a drug-free workplace as required 
by subsection (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 im-
plement the law or executive order. 
(3) EFFECT OF DEBARMENT.—A grantee debarred by a final deci-
sion under this subsection is ineligible for award of a grant by a Fed-
eral agency, and for participation in a future grant by a Federal agen-
cy, 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 of a conviction 
pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, a 
contractor or grantee shall— 
(1) take appropriate personnel action against the employee, up to 
and including termination; or 
(2) require the employee 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. 
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