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<br /> -Znd SESS. Nov. 18 Nov. 18 �
<br /> ANTI-DRUG ABUSE ACT P.L. 100-690 _
<br /> ent by any Federal Sec. 5155
<br /> in, not to exceed ; of this section if the agency head of the
<br /> Y official designee granting agency or his •
<br /> iIRE1iENT5 FOR FEDERAL wiles detel:niries, 'in writing,that
<br /> •(A) the grantee has made a false certification under . :i
<br /> subsection(a); :l
<br /> i
<br /> carry the grantee violates such certification by failing to
<br /> LS.—No person,other than (E),(F),or(0)orequirements ubseon(aXsubparagraph(A),(B),(C),(D), ►
<br /> from any Federal agency (C) such a number of employees of such grantee have ,
<br /> he granting agency that it .
<br /> —
<br /> been convicted of violations of criminal drug statutes for i .i
<br /> tifying employees that the violations occurring in the workplace as to indicate that the
<br /> dispensation grantee has failed to make a good faith effort to provide a
<br /> tion,
<br /> dance is prohibited In the drug-free workplace as required by subsection(aXl).
<br /> nations the s actions p h et will be (2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT
<br /> aans of such prohibition; PROCEEDINGS.-A suspension of payments, termination, or
<br /> arsons program o inform suspension or debarment proceeding subject to this subsection
<br /> shall be conducted in accordance with applicable law, including
<br /> ;e in the workplace; Executive Order 12549 or any superseding Executive order and
<br /> any regulations promulgated to Implement such law or Execu-
<br /> f maintaining a drug-free
<br /> tive order.
<br /> :ourseling, rehabilitation, (3) EFFECT OF DEBARMENT.-•••Upon issuance of any final deci- f
<br /> ours and sion under this subsection requiring debarment of a
<br /> ay be imposed upon em- such grantee shall be ineligible for award of any grantee, C
<br /> ons; Federal agency and for participation Y grant from any
<br /> any Federal agency for�1Cod pen ie any the der grant not to F
<br /> that each employee to be cY period specified in the decision, not to t'•ch grant be given a copy of exceed 5 years.
<br /> agraph(A); -
<br /> SEC.5151.EMPLOYEE SANCTIONS AND REMEDIES. }
<br /> :he statement required by _
<br /> Idition of employment in A grantee or contractor shall, within 30 days after receiving t r.
<br /> notice from. an employee of a conviction pursu.:rt to section •
<br /> statement;and 5152(aX1XDXii)or 5153(aX1XDXii}- Vii,
<br /> any criminal drug statute (1) take appropriate personnel action against such employee �. -
<br /> a
<br /> any criminal in the workplace g statute no up to and including termination;or
<br /> n-r naton; require such employee to satisfactorily participate in a *:.. .
<br /> ncy within 10 days after drug abuse assistance or rehabilitation program approved i'':�"
<br /> nder subparagraph (DXii)
<br /> such purposes by a Federal,State,or local health, law enforce-
<br /> •eceiving actual notice of meat,or other appropriate agency.
<br /> SEC.5155.WAIVER.
<br /> •-equiring the satisfactory (a) IN GENERAL--A termination, suspension of -.
<br /> istance or rehabilitation t>e payments, or
<br /> so cote orer rehabilitation iii required suspension or debarment under this subtitle may be waived by the -
<br /> head of an agency with res )''
<br /> pert to a particular contract or grant if- ;•
<br /> D continue to maintain a (1)in the case of a waiver with respect to a contract,the head
<br /> lamentation of maintain of the agency determines under section 5I52(bXl), after the
<br /> issuance of a final determination under such section, that I
<br /> y shall make a grant to suspension of payments, or termination of the contract, or
<br /> y shall to the agency to suspension or debarment of the contractor,or refusal to permit
<br /> :ertifies
<br /> will not agency as a person to be treated as a responsible source for a contract, as
<br /> •
<br /> the case may be, would severely disrupt.the operation of such
<br /> Sri, dispensation, posses-
<br /> t conducting any activity ggnery to the detriment of the Federal Government or the
<br /> general public;or ;n
<br /> SENT OF THE GRANTEE.— (2)in the case of a waiver with respect to a grant,the head of
<br /> (ENT OR DEBARMENT.— the agency determines that suspension of payments, termi-
<br /> '-ncy shall be subject to nation of the grant, or suspension or debarment of the grantee
<br /> �t or shall be subject ec of the would not be in the public interest.
<br /> it or shall be ion oft a ()) EXCLUSIVE AUTHORITY.--The authority of the head of an
<br /> with the requirements agency under this section to waive a termination, suspension, or
<br /> I debarment shall not be delegated.
<br /> ? 102 STAT. 4307 `.
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