This part carries out the portion of the Drug-Free Workplace Act of 1988 (41U.S.C. 701 et seq., as amended) that applies to grants. It alsoapplies the provisions of the Act to cooperative agreements and other financialassistance awards, as a matter of Federal Government policy.

(a) Portions of this part apply to you if you are either—

(1) A recipient of an assistance award from the Department of Justice; or

(2) A(n) Department of Justice awarding official. (See definitions of awardand recipient in §§ 83.605 and 83.660, respectively.)

(b) The following table shows the subparts that apply to you:

This part does not apply to any award that the Attorney General or designeedetermines that the application of this part would be inconsistent with theinternational obligations of the United States or the laws or regulations of aforeign government.

It will affect future contract awards indirectly if you are debarred orsuspended for a violation of the requirements of this part, as described in§ 83. 510(c). However, this part does not apply directly toprocurement contracts. The portion of the Drug-Free Workplace Act of 1988 thatapplies to Federal procurement contracts is carried out through the FederalAcquisition Regulation in chapter 1 of Title 48 of the Code of FederalRegulations (the drug-free workplace coverage currently is in 48 CFR part 23,subpart 23.5).

There are two general requirements if you are a recipient other than anindividual.

(a) First, you must make a good faith effort, on a continuing basis, tomaintain a drug-free workplace. You must agree to do so as a condition forreceiving any award covered by this part. The specific measures that you musttake in this regard are described in more detail in subsequent sections of thissubpart. Briefly, those measures are to—

(1) Publish a drug-free workplace statement and establish a drug-freeawareness program for your employees (see §§ 83.205 through83.220); and

(2) Take actions concerning employees who are convicted of violating drugstatutes in the workplace (see § 83.225).

(b) Second, you must identify all known workplaces under your Federal awards(see § 83.230).

You must publish a statement that—

(a) Tells your employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in yourworkplace;

(b) Specifies the actions that you will take against employees for violatingthat prohibition; and

(c) Lets each employee know that, as a condition of employment under anyaward, he or she:

(1) Will abide by the terms of the statement; and

(2) Must notify you in writing if he or she is convicted for a violation of acriminal drug statute occurring in the workplace and must do so no more thanfive calendar days after the conviction.

You must require that a copy of the statement described in§ 83.205 be given to each employee who will be engaged in theperformance of any Federal award.

You must establish an ongoing drug-free awareness program to inform employeesabout—

(a) The dangers of drug abuse in the workplace;

(b) Your policy of maintaining a drug-free workplace;

(c) Any available drug counseling, rehabilitation, and employee assistanceprograms; and

(d) The penalties that you may impose upon them for drug abuse violationsoccurring in the workplace.

If you are a new recipient that does not already have a policy statement asdescribed in § 83.205 and an ongoing awareness program as describedin § 83.215, you must publish the statement and establish the programby the time given in the following table:

There are two actions you must take if an employee is convicted of a drugviolation in the workplace:

(a) First, you must notify Federal agencies if an employee who is engaged inthe performance of an award informs you about a conviction, as required by§ 83.205(c)(2), or you otherwise learn of the conviction. Yournotification to the Federal agencies must—

(1) Be in writing;

(2) Include the employee's position title;

(3) Include the identification number(s) of each affected award;

(4) Be sent within ten calendar days after you learn of the conviction; and

(5) Be sent to every Federal agency on whose award the convicted employee wasworking. It must be sent to every awarding official or his or her officialdesignee, unless the Federal agency has specified a central point for thereceipt of the notices.

(b) Second, within 30 calendar days of learning about an employee'sconviction, you must either—

(1) Take appropriate personnel action against the employee, up to andincluding termination, consistent with the requirements of the RehabilitationAct of 1973 (29 U.S.C. 794), as amended; or

(2) Require the employee to participate satisfactorily in a drug abuseassistance or rehabilitation program approved for these purposes by a Federal,State or local health, law enforcement, or other appropriate agency.

(a) You must identify all known workplaces under each Department of Justiceaward. A failure to do so is a violation of your drug-free workplacerequirements. You may identify the workplaces_

(1) To the Department of Justice official that is making the award, either atthe time of application or upon award; or

(2) In documents that you keep on file in your offices during the performanceof the award, in which case you must make the information available forinspection upon request by Department of Justice officials or their designatedrepresentatives.

(b) Your workplace identification for an award must include the actualaddress of buildings (or parts of buildings) or other sites where work under theaward takes place. Categorical descriptions may be used (e.g., allvehicles of a mass transit authority or State highway department while inoperation, State employees in each local unemployment office, performers inconcert halls or radio studios).

(c) If you identified workplaces to the Department of Justice awardingofficial at the time of application or award, as described in paragraph (a)(1)of this section, and any workplace that you identified changes during theperformance of the award, you must inform the Department of Justice awardingofficial.

As a condition of receiving a(n) Department of Justice award, if you are anindividual recipient, you must agree that—

(a) You will not engage in the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance in conducting anyactivity related to the award; and

(b) If you are convicted of a criminal drug offense resulting from aviolation occurring during the conduct of any award activity, you will reportthe conviction:

(1) In writing.

(2) Within 10 calendar days of the conviction.

(3) To the Department of Justice awarding official or other designee for eachaward that you currently have, unless § 83.301 or the award documentdesignates a central point for the receipt of the notices. When notice is madeto a central point, it must include the identification number(s) of eachaffected award.

As a(n) Department of Justice awarding official, you must obtain eachrecipient's agreement, as a condition of the award, to comply with therequirements in—

(a) Subpart B of this part, if the recipient is not an individual; or

(b) Subpart C of this part, if the recipient is an individual.

A recipient other than an individual is in violation of the requirements ofthis part if the Attorney General or designee determines, in writing,that—

(a) The recipient has violated the requirements of subpart B of this part; or

(b) The number of convictions of the recipient's employees for violatingcriminal drug statutes in the workplace is large enough to indicate that therecipient has failed to make a good faith effort to provide a drug-freeworkplace.

An individual recipient is in violation of the requirements of this part ifthe Attorney General or designee determines, in writing, that—

(a) The recipient has violated the requirements of subpart C of this part; or

(b) The recipient is convicted of a criminal drug offense resulting from aviolation occurring during the conduct of any award activity.

The Attorney General may waive with respect to a particular award, inwriting, a suspension of payments under an award, suspension or termination ofan award, or suspension or debarment of a recipient if the Attorney Generaldetermines that such a waiver would be in the public interest. This exceptionauthority cannot be delegated to any other official.

Award means an award of financial assistance by the Departmentof Justice or other Federal agency directly to a recipient.

(a) The term award includes:

(1) A Federal grant or cooperative agreement, in the form of money orproperty in lieu of money.

(2) A block grant or a grant in an entitlement program, whether or not thegrant is exempted from coverage under the Governmentwide rule 28 CFR Part 70that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3)and specifies uniform administrative requirements.

(b) The term award does not include:

(1) Technical assistance that provides services instead of money.

(2) Loans.

(3) Loan guarantees.

(4) Interest subsidies.

(5) Insurance.

(6) Direct appropriations.

(7) Veterans' benefits to individuals (i.e., any benefit toveterans, their families, or survivors by virtue of the service of a veteran inthe Armed Forces of the United States).

Controlled substance means a controlled substance in schedulesI through V of the Controlled Substances Act (21 U.S.C. 812), and as furtherdefined by regulation at 21 CFR 1308.11 through 1308.15.

Conviction means a finding of guilt (including a plea of nolocontendere) or imposition of sentence, or both, by any judicial body chargedwith the responsibility to determine violations of the Federal or State criminaldrug statutes.

Cooperative agreement means an award of financial assistancethat, consistent with 31 U.S.C. 6305, is used to enter into the same kind ofrelationship as a grant (see definition of grant in § 83.650), exceptthat substantial involvement is expected between the Federal agency and therecipient when carrying out the activity contemplated by the award. The termdoes not include cooperative research and development agreements as defined in15 U.S.C. 3710a.

Criminal drug statute means a Federal or non-Federal criminalstatute involving the manufacture, distribution, dispensing, use, or possessionof any controlled substance.

Debarment means an action taken by a Federal agency to prohibita recipient from participating in Federal Government procurement contracts andcovered nonprocurement transactions. A recipient so prohibited is debarred, inaccordance with the Federal Acquisition Regulation for procurement contracts (48CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment andSuspension (Nonprocurement), that implements Executive Order 12549 and ExecutiveOrder 12689.

(a) Employee means the employee of a recipient directly engagedin the performance of work under the award, including—

(1) All direct charge employees;

(2) All indirect charge employees, unless their impact or involvement in theperformance of work under the award is insignificant to the performance of theaward; and

(3) Temporary personnel and consultants who are directly engaged in theperformance of work under the award and who are on the recipient's payroll.

(b) This definition does not include workers not on the payroll of therecipient (e.g., volunteers, even if used to meet a matchingrequirement; consultants or independent contractors not on the payroll; oremployees of subrecipients or subcontractors in covered workplaces).

Federal agency or agency means any United States executivedepartment, military department, government corporation, government controlledcorporation, any other establishment in the executive branch (including theExecutive Office of the President), or any independent regulatory agency.

Grant means an award of financial assistance that, consistentwith 31 U.S.C. 6304, is used to enter into a relationship—

(a) The principal purpose of which is to transfer a thing of value to therecipient to carry out a public purpose of support or stimulation authorized bya law of the United States, rather than to acquire property or services for theFederal Government's direct benefit or use; and

(b) In which substantial involvement is not expected between the Federalagency and the recipient when carrying out the activity contemplated by theaward.

Individual means a natural person.

Recipient means any individual, corporation, partnership,association, unit of government (except a Federal agency) or legal entity,however organized, that receives an award directly from a Federal agency.

State means any of the States of the United States, theDistrict of Columbia, the Commonwealth of Puerto Rico, or any territory orpossession of the United States.

Suspension means an action taken by a Federal agency thatimmediately prohibits a recipient from participating in Federal Governmentprocurement contracts and covered nonprocurement transactions for a temporaryperiod, pending completion of an investigation and any judicial oradministrative proceedings that may ensue. A recipient so prohibited issuspended, in accordance with the Federal Acquisition Regulation for procurementcontracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wideDebarment and Suspension (Nonprocurement), that implements Executive Order 12549and Executive Order 12689. Suspension of a recipient is a distinct and separateaction from suspension of an award or suspension of payments under an award.