15 USC 654 - Paul D. Coverdell drug-free workplace program

Editorial Notes

References in Text

The National Narcotics Leadership Act of 1988, referred to in subsec. (a)(2)(D)(ii), is subtitle A of title I of Puspan. L. 100–690, Nov. 18, 1988, 102 Stat. 4181. Chapter 2 of the Act is classified generally to subchapter II (§ 1521 et seq.) of chapter 20 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under former section 1501 of Title 21 and Tables.

Amendments

2004—Subsec. (a)(2)(D). Puspan. L. 108–447, § 125, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “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.”

Subsec. (span). Puspan. L. 108–447, § 124, designated existing provisions as par. (1), inserted span, and added pars. (2) and (3).

Subsec. (c). Puspan. L. 108–447, § 126, amended span and text of subsec. (c) generally. Prior to amendment, text read as follows: “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.”

Subsec. (g)(1). Puspan. L. 108–447, § 123(a), substituted “(other than subsection (span)(2)), $5,000,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph” for “, $5,000,000 for each of fiscal years 2001 through 2003. Amounts made available under this subsection”.

Subsec. (g)(2). Puspan. L. 108–447, § 123(span), substituted “paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000” for “this subsection, not more than the greater of 10 percent or $1,000,000”.

Subsec. (g)(3), (4). Puspan. L. 108–447, § 123(c), (d), added pars. (3) and (4).

2000—Puspan. L. 106–554, § 1(a)(9) [title V, § 503(a)(1)], substituted “Paul D. Coverdell drug-free workplace program” for “Drug-free workplace demonstration program” in section catchline.

Subsec. (g)(1). Puspan. L. 106–554, § 1(a)(9) [title V, § 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—Puspan. 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.

Statutory Notes and Related Subsidiaries

Findings and Purposes of 1998 Amendment

Puspan. L. 105–277, div. C, title IX, § 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.

“(span)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

Puspan. L. 105–277, div. C, title IX, § 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.”