§8101. Definitions and construction

Public Contracts

41 U.S. Code Chapter 81 — Drug-Free Workplace

(a) DEFINITIONS.-In this chapter:

(1) CONTRACTOR.-The term ''contractor'' means the department, division, or other unit of a person responsible for the performance under the contract.

(2) CONTROLLED SUBSTANCE.-The term ''controlled substance'' means a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812).

(3) CONVICTION.-The term ''conviction'' means a finding of guilt (including a plea of nolo contendere), an imposition of sentence, or both, by a judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes.

(4) CRIMINAL DRUG STATUTE.-The term ''criminal drug statute'' means a criminal statute involving manufacture, distribution, dispensation, use, or possession of a controlled substance.

(5) DRUG-FREE WORKPLACE.-The term ''drugfree workplace'' means a site of an entity-

(A) for the performance of work done in connection with a specific contract or grant described in section 8102 or 8103 of this title; and

(B) at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4181).

(6) EMPLOYEE.-The term ''employee'' means the employee of a contractor or grantee directly engaged in the performance of work pursuant to the contract or grant described in section 8102 or 8103 of this title.

(7) FEDERAL AGENCY.-The term ''Federal agency'' means an agency as defined in section 552(f) of title 5.

(8) GRANTEE.-The term ''grantee'' means the department, division, or other unit of a person responsible for the performance under the grant.

(b) CONSTRUCTION.-This chapter does not require law enforcement agencies to comply with this chapter if the head of the agency determines it would be inappropriate in connection with the agency's undercover operations.

(Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3826.)