session, or use of a controlled substance in conducting any activity with such grant. (b) SUSPENSION, TERMINATION, OR DEBARMENT OF THE GRANTEE. (1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.-Each grant awarded by a Federal agency shall be subject to suspension of payments under the grant or termination of the grant, or both, and the grantee thereunder shall be subject to suspension or debarment, in accordance with the requirements of this section if the agency head of the granting agency or his official designee determines, in writing, that— (A) the grantee has made a false certification under subsection (a); (B) the grantee violates such certification by failing to carry out the requirements of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1); or (C) such a number of employees of such grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate 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 promulgated to implement such law or Executive order. (3) EFFECT OF DEBARMENT.-Upon issuance of any final decision under this subsection requiring debarment of a grantee, such grantee shall be ineligible for award of any grant from any Federal agency and for participation in any future grant from any Federal agency for a period specified in the decision, not to exceed 5 years. SEC. 5154. [41 U.S.C. 703] EMPLOYEE SANCTIONS AND REMEDIES. A grantee or contractor shall, within 30 days after receiving notice from an employee of a conviction pursuant to section 5152(a)(1)(D)(ii) or 5153(a)(1)(D)(ii)— (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. SEC. 5155. [41 U.S.C. 704] WAIVER. (a) IN GENERAL.-A termination, suspension of payments, or suspension or debarment under this subtitle may be waived by the head of an agency with respect to a particular contract or grant if (1) in the case of a waiver with respect to a contract, the head of the agency determines under section 5152(b)(1), after the issuance of a final determination under such section, that suspension of payments, or termination of the contract, or suspension or debarment of the contractor, or refusal to permit a person to be treated as a responsible source for a contract, as the case may be, would severely disrupt the operation of such agency to the detriment of the Federal Government or the general public; or (2) in the case of a waiver with respect to a grant, the head of the agency determines that suspension of payments, termination of the grant, or suspension or debarment of the grantee would not be in the public interest. (b) EXCLUSIVE AUTHORITY.-The authority of the head of an agency under this section to waive a termination, suspension, or debarment shall not be delegated. SEC. 5156. [41 U.S.C. 705] REGULATIONS. Not later than 90 days after the date of enactment of this subtitle, the governmentwide regulations governing actions under this subtitle shall be issued pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). SEC. 5157. [41 U.S.C. 706] DEFINITIONS. (1) the term "drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract described in section 5152 or 5153 of an entity at which employees of such entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this Act; (2) the term "employee" means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in section 5152 or 5153; (3) the term "controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. 812); (4) the term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; (5) the term "criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance; (6) the term "grantee" means the department, division, or other unit of a person responsible for the performance under the grant; (7) the term "contractor" means the department, division, or other unit of a person responsible for the performance under the contract; and (8) the term "Federal agency" means an agency as that term is defined in section 552(f) of title 5, United States Code. SEC. 5158. [41 U.S.C. 707] CONSTRUCTION OF SUBTITLE. Nothing in this subtitle shall be construed to require law enforcement agencies, if the head of the agency determines it would be inappropriate in connection with the agency's undercover operations, to comply with the provisions of this subtitle. SEC. 5159. REPEAL OF LIMITATION ON USE OF FUNDS. Section 628 of Public Law 100-440 (relating to restrictions on the use of certain appropriated amounts) is amended(1) by striking "(a)" after "Sec. 628."; and (2) by striking subsection (b). SEC. 5160. [41 U.S.C. 702 note] EFFECTIVE DATE. Sections 5152 and 5153 shall be effective 120 days after the date of the enactment of this subtitle [November 19, 1988]. |