[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1260.38]

[Page 292-293]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1260_GRANTS AND COOPERATIVE AGREEMENTS--Table of Contents
 
                            Subpart A_General
 
Sec.  1260.38  Drug-free workplace.

                           Drug-Free Workplace

                              October 2000

    (a) Definitions. As used in this provision--
    Controlled substance means a controlled substance in schedules I 
through V of section 202 of the Controlled Substances Act (21 U.S.C. 
812) and as further defined in regulation at 21 CFR 1308.11 through 
1308.15.
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes.
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, possession, 
or use of any controlled substance.
    Drug-free workplace means the site(s) for the performance of work 
done by the Recipient in connection with a specific grant or cooperative 
agreement at which employees of the Recipient are prohibited from 
engaging in the unlawful manufacture, distribution, dispensing, 
possession, or use of a controlled substance.
    Employee means an employee of a Recipient directly engaged in the 
performance of work under a Government grant or cooperative agreement. 
``Directly engaged'' is defined to include all direct cost employees and 
any other Recipient employee who has other than a minimal impact or 
involvement in performance of the grant or cooperative agreement.
    Individual means a Proposer/Recipient that has no more than one 
employee including the Proposer/Recipient.
    (b) The Recipient, if other than an individual, shall--within 30 
days after award (unless a longer period is agreed to in writing), or as 
soon as possible for grants and cooperative agreements of less than 30 
days performance duration--
    (1) Publish a statement notifying its employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the Recipient's workplace and 
specifying the actions that will be taken against employees for 
violations of such prohibition;
    (2) Establish an ongoing drug-free awareness program to inform such 
employees about--
    (i) The dangers of drug abuse in the workplace;
    (ii) The Recipient's policy of maintaining a drug-free workplace;
    (iii) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (iv) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Provide all employees engaged in performance of the grant or 
cooperative agreement with a copy of the statement required by paragraph 
(b)(1) of this provision;
    (4) Notify such employees in writing in the statement required by 
paragraph (b)(1) of this provision that, as a condition of continued 
employment on the grant or cooperative agreement, the employee will--
    (i) Abide by the terms of the statement; and
    (ii) Notify the employer in writing of the employee's conviction 
under a criminal drug statute for a violation occurring in the workplace 
no later than 5 days after such conviction;
    (5) Notify the Grant Officer in writing within 10 days after 
receiving notice under paragraph (b)(4)(ii) of this provision, from an

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employee or otherwise receiving actual notice of such conviction. The 
notice shall include the position title of the employee;
    (6) Within 30 days after receiving notice under paragraph (b)(4)(ii) 
of this provision of a conviction, take one of the following actions 
with respect to any employee who is convicted of a drug abuse violation 
occurring in the workplace:
    (i) Taking appropriate personnel action against such employee, up to 
and including termination; or
    (ii) Require such employee to satisfactorily participate in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency; and
    (7) Make a good faith effort to maintain a drug-free workplace 
through implementation of paragraphs (b)(1) through (b)(6) of this 
provision.
    (c) The Recipient, if an individual, agrees by acceptance of the 
grant or cooperative agreement, not to engage in the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance during performance.
    (d) In addition to other remedies available to the Government, the 
Recipient's failure to comply with the requirements of paragraph (b) or 
(c) of this provision may render the Recipient subject to suspension of 
payments, termination of the grant or cooperative agreement, and 
suspension or debarment.

                           [End of provision]