H.R. 4467 TO MAKE INELIGIBLE FOR FEDERAL FINANCIAL ASSISTANCE AND GOVERNMENT CONTRACTS ANY ENTITY THAT DOES NOT MAINTAIN A DRUG-FREE WORKPLACE.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001300090003-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 27, 2016
• Document Release Date: August 27, 2012
• Sequence Number: 3
• Publication Date: May 10, 1988
• Content Type: REGULATION

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VILA 88-1461
STAT
OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
INFO
1. D/OCA
2. DD/Legislation
3. DD/Senate Affairs
4. Ch/Senate Affairs
5. DD/House Affairs
6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
9. FOIA Officer
Constituent Inquiries
10' Off:
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Remarks:
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STAT
OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
INFO
1. D/OCA
2. DD/Legislation
3. DD/Senate Affairs
4. Ch/Senate Affairs
5. DD/House Affairs
6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
9. FOIA Officer
10 Constituent Inquiries
Officer
11.
12.
STAT
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{REC'D IN OCA 10MAY881
OCA 88-1461
STAT
DAVID S. ADDINGTON
DEPUTY ASSISTANT To THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
THE WHITE HOUSE
WASHINGTON. D.C. 20500
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100TH CONGRESS H R. 4467
2D SESSION
To make ineligible for Federal financial assistance and Government contracts any
entity that does not maintain a drug-free workplace.
IN THE HOUSE OF REPRESENTATIVES
APRIL 26, 1988
Mr. WALKER introduced the following bill; which was referred jointly. to the
Committees on Energy and Commerce and Government Operations
A BILL
To make ineligible for Federal financial assistance and Govern-
ment contracts any entity that does not maintain a drug-
free workplace.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Drug-Free Workplace
5- Act of 1988".
6 SEC. 2. INELIGIBILITY TO RECEIVE FEDERAL ASSISTANCE
7 AND GOVERNMENT CONTRACTS.
8 (a) IN GENERAL.-Except as provided in subsection (b),
9 an Executive agency may not make Federal financial assist-
10 ance available to, or enter into any contract with, any entity
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1 that fails to maintain each workplace of such entity as a
2 drug-free workplace.
3 (b) E%CEPTION.-Subsection (a) shall not apply to an
4 entity if the head of the Executive agency involved deter-
5 mines, in the discretion of such head, that-
6 (1) such entity implemented measures sufficient to
7 maintain each workplace of such entity as a drug-free
8 workplace; or
9 (2) withholding the Federal financial assistance in-
10 volved or failure to enter into the contract involved, as
11 the case may be, would severely disrupt the operation
12 of such entity to the detriment of the Federal Govern-
13 ment or the general public.
14 SEC. 3. DEFINITIONS.
15 For purposes of this Act-
16 (1) the term "entity" means any person (including
17 any educational institution) which is regularly engaged,
18 whether or not for profit, in an activity relating to-
19 (A) the purchase, sale, lease, manufacture, or
20 production of property; or
21 (B) the provision of services;
22 (2) the term "controlled substance" has the mean-
23 ing given to such term in. section 102(6) of the Con-
24 trolled Substances Act (21 U.S.C. 802(6));
suu 4AR7 ru
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1 (3) the term "drug-free workplace" means a
2 workplace of an entity at which no employee of such
3 entity manufactures, distributes, dispenses, or possesses
4 a controlled substance in violation of-
5 (A) the Controlled Substances Act (21
6 U.S.C. 801 et seq.); or
7 (B) the applicable law of a State that prohib-
8 its manufacturing, distributing, dispensing, or pos-
9 sessing a substance that is a controlled substance;
10 (4) the term "educational institution" includes-
11 (A) any public or private elementary or sec-
12 ondary school; and
13 (B) any institution of vocational, professional,
14 or higher education;
15 (5) the term "Executive agency" has the meaning
16 given to such term in section 105 of title 5, United
17 States Code;
18 (6) the term "person" has the meaning given to
19 such term in section 1 of title 1, United States Code,
20 except that such term also includes any State and any
21 political subdivision of a State; and
22 (7) the term "State" means one of the several
23 States, the District of Columbia, the Commonwealth of
24 Puerto Rico, the Commonwealth of the Northern Mari-
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4
1 ana Islands, or any territory or possession of the
2 United States.
O
.FIR 4467 III
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Amendment offered by Mr. Walker
To The Amendment in the Nature of a Substitute
At the end of the bill, insert the following new section:
DRUG FREE WORKPLACE
Sec. 13 (a) GRANTS. No person or organization shall receive a grant
authorized under this Act unless such person or organization has
certified to the granting agency that it will provide a drug-free
workplace by
(1) publishing a statement of policy prohibiting the unlawful
manufacture, distribution, dispensation, or possession of a controlled
substance while in the workplace; and
(2) requiring that each employee, as a condition of employment,
certify that he or she has received a copy of such statement of policy
and understands its contents, and that he will abide by such policy.
Such employee shall further agree as a condition of employment to
notify the employer of any conviction no later than the employee's
next working day after such conviction. The employer shall notify the
granting or contracting agency within 72 hours of notification to it
by the employee.
(b) 'CONTRACTS. No person or organization shall be considered a
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responsible source, under the meaning of such tern as defined in
section 4(8) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(8)), for the purposes of being awarded a contract for the
procurement of any property or services authorized under this Act
unless such person or organization has certified to the contracting
agency that it will provide a drug free workplace by
(1) publishing a statement of policy prohibiting the unlawful
manufacture, distribution, dispensation, or possession of a controlled
substance while in the workplace; and
(2) requiring that each employee, as a condition of employment,
certify that he or she has received a copy of such statement of policy
and understands its contents, and that he will abide by such'a policy.
Such employee shall further agree as a condition of employment to
notify the employer of any conviction no later than the employee's
next working day after such conviction. The employer shall notify the
granting or contracting. agency within 72 hours of notification to it
by the employee.
(c) DEFINITIONS. For purposes of this section --
(1) the term "drug-free workplace" is defined as a workplace for
the performance of work done in connection with a specific grant or
contract described in subsections (a) and (b) of an entity at which no
employee of such entity unlawfully manufactures, distributes,
dispenses, or possesses a controlled substance;
(2) the term "employee" is defined as the employee of a
contractor or grantee engaged in the performance of work pursuant to
the provisions of the contract or grant described in subsections (a)
and (b);
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(3) the term "controlled substance" is defined as a controlled
substance in schedule I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812); and
(4) the term "conviction" is defined as a finding of guilt and/or
imposition of sentence by any judicial body charged with the
responsibility to determine violations of the Federal, state (or
governmental subdivisions thereof) criminal statutes described in
subsection (d).
(d) WITHHOLDING OF PAYMENTS.
(1) Each contract and grant authorized pursuant to this Act shall
contain a provision through which the granting or contracting agency
shall withhold subsequent payments due under the terms and conditions
of the grant or contract under applicable law upon the occurrence of
conviction of an employee for. violation of a Federal, state (or
governmental subdivision thereof) criminal statute involving
manufacture, distribution, dispensation, or possession of any
controlled substance, for a violation occurring in the workplace.
(2) Notice of the granting or contracting agency's intent to
withhold payments shall be given to the grantee or contractor by
certified U.S. mail, return receipt requested, at the grantee's or
contractor's address as shown in the contract or grant, or as amended
thereafter.
(3) Upon receipt of said proof of notification by the granting or
contracting agency from the grantee or contractor, evidenced by the
return receipt referenced in paragraph (2), the granting or
contracting agency upon the passage of 14 days from the date of return
receipt to the agency shall withhold such payment unless, within such
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14 day period, the granting or contracting agency receives notice from
the contractor or grantee of a request for an agency hearing to
determine whether such contractor or grantee was at the time of said
conviction or is at the time of hearing in compliance with the
requirement of this section. Upon such request for hearing, the
granting or contracting agency shall conduct the requested hearing
within 14 days from the date of receipt by the granting or contracting
agency of the request for hearing but in no event less than 72 hours
prior to the contractor's or grantee's receipt of notice of the
hearing. Failure of the granting or contracting agency to timely
notify the contractor or grantee shall suspend withholding payment
until such time as the granting or contracting agency has afforded the
grantee or contractor actual notice of no less than 72 hours prior to
such hearing.
(4) Within five (5) days from the date of the hearing described
in paragraph (3), the determination as to whether withholding of
payment should occur, continue, or terminate shall be made by the
granting or contracting agency. Failure of the granting or
contracting agency to make such determination within the above stated
five (5) day period, shall be deemed a decision to resume or continue
all payments thereafter due.
(5) The determination required of the granting or contracting
agency as provided in paragraph (4) shall be made favorable to the
contractor or grantee, upon a showing by the contractor or grantee, by
a preponderance of the evidence, that it is in compliance with
subsections (a) and (b) and it is making good faith efforts to
maintain a drug free workplace. If a conviction reflects good faith
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efforts made by a contractor or grantee to enforce a drug-free
workplace by compliance with this section or through other workplace
policy, such conviction for unlawful manufacture, distribution,
dispensation, or possession of a controlled substance in the
workplace, shall be considered substantial evidence that the employer
is taking sufficient action to maintain a drug-free workplace and
shall require a favorable determination for the contractor or grantee.
(6) In the event of a determination by the granting or
contracting agency that the contractor or grantee has failed to comply
with the requirements of paragraphs (3) and (4) the contractor or
grantee may request a reconsideration of such determination based upon
the contractor's or grantee's previous or subsequent efforts to comply
within the 14 day and 5 day time periods contained within paragraphs
(3)(B) and (4) respectively.
(e) EXCEPTION. This section shall not apply to an entity if the
head of the granting or contracting agencies involved determines, in
his or her discretion, that withholding payments due under a grant or
contract, or not issuing such a grant or not awarding such a contract
authorized under this Act, as the case may be, would severely disrupt
the operation of such entity to the detriment of the Federal
Government or the general public.
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