Page:United States Statutes at Large Volume 102 Part 5.djvu/301

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4307

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)(D; 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 incUcate that the grantee has failed to make a g<xxl faith effort to provide a drug-free workplace as required by subsection (a)(l). (2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT

PROCEEDINGS.—A suspeusion 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 r^ulations 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. EMPLOYEE SANCTIONS AND REMEDIES.

41 USC 703.

A grantee or contractor shall, within 30 days after receiving notice from an employee of a conviction pursuant to section 5152(a)(l)(D)(ii) or 5153(a)(l)(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. 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)(l), after the ^ issuance of a final determination under such section, that suspension of payments, or termination of the contract, or suspei^ion 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. 0?) EXCLUSIVE AUTHORITY.—The authority of the head of an agency under this section to waive a termination, suspension, or debarment shall not be delegated.

41 USC 704.

�