§ 654. — Paul D. Coverdell drugfree workplace program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC654]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 654. Paul D. Coverdell drug-free workplace program
(a) Definitions
In this section:
(1) Drug-free workplace program
The term ``drug-free workplace program'' means a program that
includes--
(A) a written policy, including a clear statement of
expectations for workplace behavior, prohibitions against
reporting to work or working under the influence of illegal
drugs or alcohol, prohibitions against the use or possession of
illegal drugs in the workplace, and the consequences of
violating those expectations and prohibitions;
(B) drug and alcohol abuse prevention training for a total
of not less than 2 hours for each employee, and additional
voluntary drug and alcohol abuse prevention training for
employees who are parents;
(C) employee illegal drug testing, with analysis conducted
by a drug testing laboratory certified by the Substance Abuse
and Mental Health Services Administration, or approved by the
College of American Pathologists for forensic drug testing, and
a review of each positive test result by a medical review
officer;
(D) employee access to an employee assistance program,
including confidential assessment, referral, and short-term
problem resolution; and
(E) continuing alcohol and drug abuse prevention education.
(2) Eligible intermediary
The term ``eligible intermediary'' means an organization--
(A) that has not less than 2 years of experience in carrying
out drug-free workplace programs;
(B) that has a drug-free workplace policy in effect;
(C) that is located in a State, the District of Columbia, or
a territory of the United States; and
(D) the purpose of which is--
(i) to develop comprehensive drug-free workplace
programs or to supply drug-free workplace services; or
(ii) to provide other forms of assistance and services
to small business concerns.
(3) Employee
The term ``employee'' includes any--
(A) applicant for employment;
(B) employee;
(C) supervisor;
(D) manager;
(E) officer of a small business concern who is active in
management of the concern; and
(F) owner of a small business concern who is active in
management of the concern.
(4) Medical review officer
The term ``medical review officer''--
(A) means a licensed physician with knowledge of substance
abuse disorders; and
(B) does not include any--
(i) employee of the small business concern; or
(ii) employee or agent of, or any person having a
financial interest in, the laboratory for which the illegal
drug test results are being reviewed.
(b) Establishment
There is established a drug-free workplace demonstration program,
under which the Administrator may make grants to, or enter into
cooperative agreements or contracts with, eligible intermediaries for
the purpose of providing financial and technical assistance to small
business concerns seeking to establish a drug-free workplace program.
(c) Privacy protection for employees participating in drug-free
workplace program
Each drug-free workplace program established with assistance made
available under this section shall--
(1) include, as reasonably necessary and appropriate, practices
and procedures to ensure the confidentiality of illegal drug test
results and of any participation by an employee in a rehabilitation
program;
(2) prohibit the mandatory disclosure of medical information by
an employee prior to a confirmed positive illegal drug test; and
(3) require that a medical review officer reviewing illegal drug
test results shall report only the final results, limited to those
drugs for which the employee tests positive, in writing and in a
manner designed to ensure the confidentiality of the results.
(d) Evaluation and coordination
Not later than 18 months after October 21, 1998, the Administrator,
in coordination with the Secretary of Labor, the Secretary of Health and
Human Services, and the Director of National Drug Control Policy,
shall--
(1) evaluate the drug-free workplace programs established with
assistance made available under this section; and
(2) submit to Congress a report describing the results of the
evaluation under paragraph (1).
(e) Contract authority
In carrying out this section, the Administrator may--
(1) contract with public and private entities to provide
assistance related to carrying out the program under this section;
and
(2) compensate those entities for provision of that assistance.
(f) Construction
Nothing in this section may be construed to require an employer who
attends a program offered by an intermediary to contract for any service
offered by the intermediary.
(g) Authorization
(1) In general
There is authorized to be appropriated to carry out this
section, $5,000,000 for each of fiscal years 2001 through 2003.
Amounts made available under this subsection shall remain available
until expended.
(2) Small business development centers
Of the total amount made available under this subsection, not
more than the greater of 10 percent or $1,000,000 may be used to
carry out section 648(c)(3)(T) of this title.
(Pub. L. 85-536, Sec. 2[27], as added Pub. L. 101-574, title III,
Sec. 310, Nov. 15, 1990, 104 Stat. 2831; amended Pub. L. 105-277, div.
C, title IX, Sec. 904, Oct. 21, 1998, 112 Stat. 2681-708; Pub. L. 106-
554, Sec. 1(a)(9) [title V, Sec. 503(a)], Dec. 21, 2000, 114 Stat. 2763,
2763A-695.)
Amendments
2000--Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec. 503(a)(1)],
substituted ``Paul D. Coverdell drug-free workplace program'' for
``Drug-free workplace demonstration program'' in section catchline.
Subsec. (g)(1). Pub. L. 106-554, Sec. 1(a)(9) [title V,
Sec. 503(a)(2)], substituted ``$5,000,000 for each of fiscal years 2001
through 2003'' for ``$10,000,000 for fiscal years 1999 and 2000''.
1998--Pub. L. 105-277 amended section catchline and text generally.
Prior to amendment, text consisted of subsecs. (a) to (c) authorizing
Administration to make grants to conduct tourism demonstration programs,
establishing purpose of program, placing a condition on grant
recipients, authorizing appropriations, and requiring report to
President and Congress.
Findings and Purposes of 1998 Amendment
Pub. L. 105-277, div. C, title IX, Sec. 902, Oct. 21, 1998, 112
Stat. 2681-707, provided that:
``(a) Findings.--Congress finds that--
``(1) 74 percent of adults who use illegal drugs are employed;
``(2) small business concerns employ over 50 percent of the
Nation's workforce;
``(3) in more than 88 percent of families with children under
the age of 18, at least 1 parent is employed; and
``(4) employees who use and abuse addictive illegal drugs and
alcohol increase costs for businesses and risk the health and safety
of all employees because--
``(A) absenteeism is 66 percent higher among drug users than
individuals who do not use drugs;
``(B) health benefit utilization is 300 percent higher among
drug users than individuals who do not use drugs;
``(C) 47 percent of workplace accidents are drug-related;
``(D) disciplinary actions are 90 percent higher among drug
users than among individuals who do not use drugs; and
``(E) employee turnover is significantly higher among drug
users than among individuals who do not use drugs.
``(b) Purposes.--The purposes of this title [see Short Title of 1998
Amendment note set out under section 631 of this title] are to--
``(1) educate small business concerns about the advantages of a
drug-free workplace;
``(2) provide grants and technical assistance in addition to
financial incentives to enable small business concerns to create a
drug-free workplace;
``(3) assist working parents in keeping their children drug-
free; and
``(4) encourage small business employers and employees alike to
participate in drug-free workplace programs.''
Sense of Congress for 1998 Amendment
Pub. L. 105-277, div. C, title IX, Sec. 903, Oct. 21, 1998, 112
Stat. 2681-708, provided that: ``It is the sense of Congress that--
``(1) businesses should adopt drug-free workplace programs;
``(2) States should consider incentives to encourage businesses
to adopt drug-free workplace programs; and
``(3) such incentives may include--
``(A) financial incentives, including--
``(i) a reduction in workers' compensation premiums;
``(ii) a reduction in unemployment insurance premiums;
and
``(iii) tax deductions in an amount equal to the amount
of expenditures for employee assistance programs, treatment,
or illegal drug testing; and
``(B) other incentives, such as the adoption of liability
limitations, as recommended by the President's Commission on
Model State Drug Laws.''
