Page:United States Statutes at Large Volume 102 Part 5.djvu/302

 102 STAT. 4308 41 USC 705.

PUBLIC LAW 100-690—NOV. 18, 1988

SEC. 5156. 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.). 41 USC 706.

SEC. 5157. DEFINITIONS.

For purposes of this subtitle— (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 Substances 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. 41 USC 707.

SEC. 5158. 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.

Ante, p. 1758.

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).

41 USC 701 note. SEC. 5160. EFFECTIVE DATE.

Sections 5152 and 5153 shall be effective 120 days after the date of the enactment of this subtitle.

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