Title 41Public ContractsRelease 119-73not60

§8101 Definitions and Construction

Title 41 › Subtitle Subtitle IV— Miscellaneous › Chapter 81— DRUG-FREE WORKPLACE › § 8101

Last updated Apr 5, 2026|Official source

Summary

Defines key words used for drug-free workplace rules that apply to certain federal contracts and grants. Contractor — the department, division, or unit of a person that is responsible for doing the work under a contract. Grantee — the department, division, or unit responsible for doing the work under a grant. Controlled substance — any drug listed in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812). Conviction — a court finding of guilt (including a nolo contendere plea), a sentence, or both, for violating federal or state criminal drug laws. Criminal drug statute — a law about making, selling, giving, using, or possessing a controlled substance. Drug-free workplace — the work site for contracts or grants covered by sections 8102 or 8103 where employees must not illegally make, sell, give, carry, or use controlled substances, under the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4181). Employee — a worker of a contractor or grantee who is directly doing the contract or grant work. Federal agency — as defined in section 552(f) of title 5. Law enforcement agencies do not have to follow these rules if the agency head decides it would be inappropriate for undercover operations.

Full Legal Text

Title 41, §8101

Public Contracts — Source: USLM XML via OLRC

(a)In this chapter:
(1)The term “contractor” means the department, division, or other unit of a person responsible for the performance under the contract.
(2)The term “controlled substance” means a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812).
(3)The term “conviction” means a finding of guilt (including a plea of nolo contendere), an imposition of sentence, or both, by a judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes.
(4)The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance.
(5)The term “drug-free workplace” means a site of an entity—
(A)for the performance of work done in connection with a specific contract or grant described in section 8102 or 8103 of this title; and
(B)at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4181).
(6)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)The term “Federal agency” means an agency as defined in section 552(f) of title 5.
(8)The term “grantee” means the department, division, or other unit of a person responsible for the performance under the grant.
(b)This chapter does not require law enforcement 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8101(a)(1)41:706(7).Pub. L. 100–690, title V, §§ 5157, 5158, Nov. 18, 1988, 102 Stat. 4308. 8101(a)(2)41:706(3). 8101(a)(3)41:706(4). 8101(a)(4)41:706(5). 8101(a)(5)41:706(1). 8101(a)(6)41:706(2). 8101(a)(7)41:706(8). 8101(a)(8)41:706(6). 8101(b)41:707.

Reference

Citations & Metadata

Citation

41 U.S.C. § 8101

Title 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60