[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3853 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3853

                To promote drug-free workplace programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1998

 Mr. Portman (for himself, Mr. Bishop, and Mr. Souder) introduced the 
 following bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
                To promote drug-free workplace programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug-Free Workplace Act of 1998''.

SEC. 2. FINDINGS; PURPOSES.

    (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 over 88 percent of families with children under the 
        age of 18, at least 1 parent is employed; and
            (4) employees who use drugs increase costs for businesses 
        and risk the health and safety of all employees because--
                            (A) absenteeism is 66 percent higher among 
                        drug users than nondrug users;
                            (B) health benefit utilization is 300 
                        percent higher among drug users than nondrug 
                        users;
                            (C) 47 percent of workplace accidents are 
                        drug-related;
                            (D) disciplinary actions are 90 percent 
                        higher among drug users than nondrug users; and
                            (E) employee turnover is significantly 
                        higher among drug users than nondrug users.
    (b) Purposes.--The purposes of this Act are to--
            (1) educate small business concerns about the advantages of 
        a drug-free workplace;
            (2) provide financial incentives and technical assistance 
        to enable small business concerns to create a drug-free 
        workplace; and
            (3) assist working parents in keeping their children drug-
        free.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) businesses should adopt drug-free workplace programs; 
        and
            (2) States should consider financial incentives, such as 
        reductions in workers' compensation premiums, to encourage 
        businesses to adopt drug-free workplace programs.

SEC. 4. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

    The Small Business Act (15 U.S.C. 636 et seq.) is amended by--
            (1) redesignating sections (30) and (31) as sections (31) 
        and (32), respectively; and
            (2) inserting the following new section:

``SEC. 30. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

    ``(a) Establishment.--There is established a drug-free workplace 
demonstration program, under which the Administration may make grants 
to eligible intermediaries for the purpose of providing financial and 
technical assistance to small business concerns seeking to start a 
drug-free workplace program.
    ``(b) Eligibility for Participation.--An intermediary shall be 
eligible to receive a grant under subsection (a) if it meets the 
following criteria:
            ``(1) It is an organization described in section 501(c)(3) 
        of the Internal Revenue Code of 1986 that is exempt from tax 
        under section 5(a) of such Act, a program of such organization, 
        or provides services to such organization.
            ``(2) Its primary purpose is to develop comprehensive drug-
        free workplace programs or to supply drug-free workplace 
        services.
            ``(3) It has at least 2 years of experience in drug-free 
        workplace programs.
            ``(4) It has a drug-free workplace policy in effect.
    ``(c) Requirements for Program.--Any drug-free workplace program 
established as a result of this section shall include--
            ``(1) a written policy, including a clear statement of 
        expectations for workplace behavior, prohibitions against 
        substances in the workplace, and the consequences of violating 
        such expectations and prohibitions;
            ``(2) training for at least 60 minutes for employees and 
        supervisors;
            ``(3) additional training for supervisors and employees who 
        are parents;
            ``(4) employee drug testing; and
            ``(5) employee access to an employee assistance program, 
        including assessment, referral, and problem resolution.
    ``(d) Authorization.--There are authorized to be appropriated to 
carry out the provisions of this section, $10,000,000 for fiscal year 
1999 and such sums may remain available until expended.

SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is 
amended--
            (1) in subparagraph (R) by striking ``and'';
            (2) in subparagraph (S) by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (S) the following new 
        subparagraph:
            ``(T) providing information and assistance to small 
        business concerns with respect to developing drug-free 
        workplace programs.''.

SEC. 6. CONTRACT AUTHORITY.

    The Small Business Administrator may contract with and compensate 
government and private agencies or persons for services related to 
carrying out the provisions of this Act.
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