15 U.S.C. § 654 — Paul D. Coverdell drug-free workplace program

(a) Definitions. This section defines these terms: (1) “Drug-free workplace program” means a program with all of these parts: (A) a written policy that clearly states expected workplace behavior; bans reporting to work or working while under the influence of illegal drugs or alcohol; bans using or possessing illegal drugs at work; and states the consequences of violating these rules; (B) at least 2 total hours of drug- and alcohol-abuse prevention training for each employee, plus optional additional prevention training for employees who are parents; (C) testing employees for illegal drugs, with the testing analyzed by a laboratory certified by the Substance Abuse and Mental Health Services Administration or approved by the College of American Pathologists for forensic drug testing, and each positive result reviewed by a medical review officer; (D) access for employees to an employee assistance program that includes confidential assessment, referral, and short-term problem solving; and (E) continuing education to prevent alcohol and drug abuse. (2) “Eligible intermediary” means an organization that: (A) has at least 2 years of experience running drug-free workplace programs; (B) has a drug-free workplace policy in effect; (C) is in a State, the District of Columbia, or a United States territory; and (D) either (i) exists to develop complete drug-free workplace programs, provide drug-free workplace services, or provide other help and services to small business concerns, or (ii) is eligible for a grant under chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 and following). This section does not define “small business concern.” (3) “Employee” includes any: (A) job applicant; (B) employee; (C) supervisor; (D) manager; (E) officer of a small business concern who actively manages it; and (F) owner of a small business concern who actively manages it. (4) “Medical review officer” means a licensed physician who knows about substance-abuse disorders. It does not include (A) an employee of the small business concern or (B) an employee or agent of the laboratory reviewing the test results, or a person with a financial interest in that laboratory. (b) Establishment. (1) A drug-free workplace demonstration program is established. Under it, the Administrator may give grants to eligible intermediaries, or make cooperative agreements or contracts with them, so they can give financial and technical help to small business concerns seeking to establish a drug-free workplace program. (2) In addition, the Administrator may give grants to any grantee, or make cooperative agreements or contracts with any grantee, to provide technical help, together with one or more small business development centers, to small business concerns seeking to establish such a program. (3) Each grant under this subsection lasts 2 years and is subject to an annual performance review by the Administrator. (c) Promotion of effective practices of eligible intermediaries. (1) After consulting the Director of the Center for Substance Abuse and Prevention, the Administrator must give each eligible intermediary technical help and information about the most effective ways to establish and operate drug-free workplace programs. (2) Evaluation of program. (A) Each eligible intermediary receiving a grant must create a system to collect and analyze information about how well the programs created through its assistance work. The information must include any increases or decreases among employees in drug use, awareness of drug use’s harmful consequences, and drug-related absenteeism, injuries, and disciplinary problems. The system must follow requirements set by the Administrator after consultation with the Director. The intermediary may use no more than 5 percent of each grant for this paragraph. (B) After consulting the Director, the Administrator must give each eligible intermediary receiving a grant technical help and guidance on collecting and analyzing information to evaluate these programs, including the information in subparagraph (A). The help must identify additional information that can measure benefits to the small business concern and its employees, and methods for analyzing that information. (d) Evaluation and coordination. No later than 18 months after October 21, 1998, the Administrator, working with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, must (1) evaluate programs established with assistance under this section and (2) send Congress a report describing the evaluation results. (e) Contract authority. To carry out this section, the Administrator may (1) contract with public and private entities to provide related assistance and (2) pay those entities for that assistance. (f) Construction. An employer that attends an intermediary’s program is not required by this section to contract for any service offered by that intermediary. (g) Authorization. (1) Congress authorizes appropriations, except for subsection (b)(2), of $5,000,000 for each of fiscal years 2005 and 2006. The money remains available until spent. (2) Of the amount available under paragraph (1) for each of those fiscal years, no more than the greater of 10 percent or $500,000 may be used for 15 U.S.C. 648(c)(3)(T). (3) Congress authorizes appropriations of $1,500,000 for each of fiscal years 2005 and 2006 to carry out subsection (b)(2). That money remains available until spent. (4) No more than 5 percent of the total amount made available under this subsection for any fiscal year may be used for administrative costs. This calculation does not include eligible intermediaries’ administrative costs.