Title 41Public ContractsRelease 119-73not60

§8103 Drug-free Workplace Requirements for Federal Grant Recipients

Title 41 › Subtitle Subtitle IV— Miscellaneous › Chapter 81— DRUG-FREE WORKPLACE › § 8103

Last updated Apr 5, 2026|Official source

Summary

Federal agencies will only give grants to organizations that agree to keep their workplaces free of illegal drugs. The organization must post a clear no-drug notice that says illegal drug use is banned and explains what will happen to employees who break the rule. The organization must run a short program to teach employees about the dangers of drugs, the workplace drug policy, where to get counseling or help, and the penalties for drug violations. Each employee who works on the grant must get a copy of the notice and must be told they must follow it and tell their employer if they are convicted of a work-related drug crime within 5 days. The organization must tell the agency within 10 days after it learns about such a conviction. The organization must punish or require treatment for convicted employees and must try in good faith to keep the workplace drug-free. An individual applying for a grant must agree not to use, make, sell, or possess illegal drugs while doing grant work. If an organization breaks these rules, the agency can stop payments, end the grant, or suspend or debar the organization after following the law and any rules (including Executive Order 12549 or later orders). If debarred by a final decision, the organization cannot get federal grants for the time the decision states, up to 5 years.

Full Legal Text

Title 41, §8103

Public Contracts — Source: USLM XML via OLRC

(a)(1)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, possession, 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;
(ii)the grantee’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 grant 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 in the grant 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 granting agency within 10 days after receiving notice under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of a conviction;
(F)imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation 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 subparagraphs (A) to (F).
(2)A Federal agency shall not make a grant to an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in conducting an activity with the grant.
(b)(1)Payment under a grant awarded by a Federal agency may be suspended and the grant may be terminated, and the grantee may be suspended or debarred, in accordance with the requirements of this section, if the head of the agency or the official designee of the head of the agency determines in writing that—
(A)the grantee is violating, or has violated, the requirements of subparagraph (A), (B), (C), (D), (E), (F), or (G) of subsection (a)(1); or
(B)the number of employees of the grantee who have been convicted of violations of criminal drug statutes for violations occurring in the workplace indicates that the grantee has failed to make a good faith effort to provide a drug-free workplace as required by subsection (a)(1).
(2)A suspension 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 regulations prescribed to implement the law or executive order.
(3)A grantee debarred by a final decision under this subsection is ineligible for award of a grant by a Federal agency, and for participation in a future grant by a Federal agency, for a period specified in the decision, not to exceed 5 years.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 810341:702.Pub. L. 100–690, title V, § 5153, Nov. 18, 1988, 102 Stat. 4306; Pub. L. 105–85, div. A, title VIII, § 809, Nov. 18, 1997, 111 Stat. 1838.

Reference

Citations & Metadata

Citation

41 U.S.C. § 8103

Title 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60