Page:United States Statutes at Large Volume 124.djvu/3853

124 STAT. 3827 PUBLIC LAW 111–350—JAN. 4, 2011 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 pursuant to the contract or grant described in section 8102 or 8103 of this title. (7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an agency 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 perform- ance under the grant. (b) CONSTRUCTION.—This chapter does not require law enforce- ment agencies to comply with this chapter if the head of the agency determines it would be inappropriate in connection with the agency’s undercover operations. § 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 unlawful manufacture, distribution, dispensation, posses- sion, or use of a controlled substance is prohibited in the person’s workplace and specifying the actions that will be taken against employees for violations of the prohibition; (B) establishing a drug-free awareness program to inform employees about— (i) the dangers of drug abuse in the workplace; (ii) the person’s policy of maintaining a drug-free workplace; (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 statement required by subparagraph (A); (D) notifying the employee in the statement required by subparagraph (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 conviction for a violation occurring in the workplace no later than 5 days after the conviction; (E) notifying the contracting agency within 10 days after receiving notice under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of a convic- tion; (F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation