Page:United States Statutes at Large Volume 124.djvu/3854

 124 STAT. 3828 PUBLIC LAW 111–350—JAN. 4, 2011 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 subpara- graphs (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, posses- sion, or use of a controlled substance in the performance of the contract. (b) SUSPENSION, TERMINATION, OR DEBARMENT OF CONTRACTOR.— (1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBAR- MENT.—Payment under a contract awarded by a Federal agency may be suspended and the contract may be terminated, and the contractor or individual 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 deter- mines 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 occurring 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 suspen- sion or debarment exists shall initiate an appropriate action, to be conducted by the agency concerned in accordance with the Federal Acquisition Regulation and applicable agency proce- dures. The Federal Acquisition Regulation shall be revised to include rules for conducting suspension and debarment pro- ceedings 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 participa- tion in a future procurement by a Federal agency, for a period specified in the decision, not to exceed 5 years. § 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 unlawful manufacture, distribution, dispensation, posses- sion, or use of a controlled substance is prohibited in the grantee’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;