Guidance for Drug-Free Workplace Requirements (Financial Assistance), 28149-28154 [E9-14019]
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28149
Rules and Regulations
Federal Register
Vol. 74, No. 113
Monday, June 15, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF MANAGEMENT AND
BUDGET
2 CFR Parts 1 and 182
Guidance for Drug-Free Workplace
Requirements (Financial Assistance)
Office of Federal Financial
Management, Office of Management and
Budget.
ACTION: Final guidance.
AGENCY:
SUMMARY: The Office of Management
and Budget (OMB) is issuing guidance
on drug-free workplace requirements for
financial assistance. The guidance
conforms with the common rule that 31
Federal agencies published on
November 26, 2003 and therefore makes
no substantive change to Federal
policies and procedures in this area.
The agencies issued the common rule
after resolving public comments
received in response to a Notice of
Proposed Rulemaking.
OMB is issuing this guidance as an
administrative simplification that will
streamline the policy framework for
drug-free workplace requirements in
two ways. First, the guidance is in a
form suitable for Federal agency
adoption, which will reduce the volume
of Federal regulations on drug-free
workplace requirements, make it easier
for the affected public to use them, and
make it easier and less expensive for the
Federal Government to maintain them.
Second, the guidance is located in the
recently established title 2 of the Code
of Federal Regulations (2 CFR). Locating
the OMB guidance in 2 CFR will make
it easier to find. As a further
simplification for the public, the OMB
guidance then will be in the same CFR
title as the agencies’ regulations that
implement the guidance.
This notice also makes a minor
change to the previously issued 2 CFR
part 1, to conform that part with the
guidance published today.
DATES: The effective date for this final
guidance is July 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Marguerite Pridgen, Office of Federal
Financial Management, Office of
Management and Budget, telephone
(202) 395–7844 (direct) or (202) 395–
3993 (main office) and e-mail:
mpridgen@omb.eop.gov.
SUPPLEMENTARY INFORMATION: In a
Federal Register document published
on September 26, 2008 [73 FR 55776],
OMB proposed to issue drug-free
workplace guidance for grants and
cooperative agreements and make a
minor conforming change to 2 CFR part
1. The proposal was the first step
toward replacing a common rule that
Federal agencies issued to implement
the Drug-Free Workplace Act of 1988, as
it applies to grants (Pub. L. 100–690,
title V, subtitle D, enacted November 18,
1988). See the Supplementary
Information section of the September
26, 2008, Federal Register document for
more background information about the
agencies’ common rule, the proposed
OMB guidance, title 2 of the Code of
Federal Regulations in which the
guidance and agency regulations will be
located, and the benefits of replacing a
common rule with adoptable guidance.
In response to the September 2008
proposal, OMB received one comment
noting a typographical error. We
therefore are finalizing the guidance as
proposed, with the error corrected.
Next steps. Each Federal agency that
is a signatory to the drug-free workplace
common rule will issue a brief rule in
its chapter of 2 CFR to adopt the OMB
guidance on drug-free workplace, as
required under sections 182.20 through
182.35 of the guidance. The rule will
give regulatory effect to the OMB
guidance for the agency’s financial
assistance awards and recipients. The
agency also will remove the full text of
the November 2003 common rule from
its own CFR title. We expect to
complete the process in calendar year
2010.
List of Subjects
2 CFR Part 1
Cooperative agreements, Grant
programs, Grants administration.
2 CFR Part 182
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
Danny Werfel,
Deputy Controller.
Authority and Issuance
For the reasons set forth above, the
Office of Management and Budget
amends 2 CFR, subtitle A, as follows:
■
PART 1—[AMENDED]
1. The authority citation for part 1
continues to read as follows:
■
Authority: 31 U.S.C. 503; 31 U.S.C. 1111;
41 U.S.C. 405; Reorganization Plan No. 2 o
1970; E.O. 11541, 35 FR 10737, 3 CFR, 1966–
1970, p. 939.
2. Section 1.215 is revised to read as
follows:
■
§ 1.215 Relationship to previous
issuances.
Although some of the guidance was
organized differently within OMB
circulars or other documents, much of
the guidance in this subtitle existed
prior to the establishment of title 2 of
the CFR. Specifically:
On * * *
Previously was in * * *
(a) Chapter I, part 180 .......................................
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Guidance in * * *
Nonprocurement debarment and suspension
(b) Chapter I, part 182 .......................................
Drug-free workplace requirements ..................
(c) Chapter II, part 215 .......................................
Administrative requirements for grants and
agreements.
OMB guidance that conforms with the government-wide common rule (see 60 FR 33036,
June 26, 1995).
OMB guidance (54 FR 4946, January 31,
1989) and a government-wide common rule
(as amended at 68 FR 66534, November
26, 2003).
OMB Circular A–110.
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Guidance in * * *
On * * *
Previously was in * * *
(d) Chapter II, part 220 ......................................
(e) Chapter II, part 225 ......................................
Cost principles for educational institutions ......
Cost principles for State, local, and Indian
tribal governments.
Cost principles for non-profit organizations .....
OMB Circular A–21.
OMB Circular A–87.
(f) Chapter II, part 230 .......................................
(g) [Reserved].
CHAPTER I—[AMENDED]
3. Part 182 is added to Chapter I, to
read as follows:
■
PART 182—GOVERNMENTWIDE
REQUIREMENTS FOR DRUG-FREE
WORKPLACE (FINANCIAL
ASSISTANCE)
Sec.
182.5 What does this part do?
182.10 How is this part organized?
182.15 To whom does the guidance apply?
182.20 What must a Federal agency do to
implement the guidance?
182.25 What must a Federal agency address
in its implementation of the guidance?
182.30 Where does a Federal agency
implement the guidance?
182.35 By when must a Federal agency
implement the guidance?
182.40 How is the guidance maintained?
Subpart A—Purpose and Coverage
182.100 How is this part written?
182.105 Do terms in this part have special
meanings?
182.110 What do subparts A through F of
this part do?
182.115 Does this part apply to me?
182.120 Are any of my Federal assistance
awards exempt from this part?
182.125 Does this part affect the Federal
contracts that I receive?
Subpart B—Requirements for Recipients
Other Than Individuals
182.200 What must I do to comply with this
part?
182.205 What must I include in my drugfree workplace statement?
182.210 To whom must I distribute my
drug-free workplace statement?
182.215 What must I include in my drugfree awareness program?
182.220 By when must I publish my drugfree workplace statement and establish
my drug-free awareness program?
182.225 What actions must I take
concerning employees who are convicted
of drug violations in the workplace?
182.230 How and when must I identify
workplaces?
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Subpart C—Requirements for Recipients
Who Are Individuals
182.300 What must I do to comply with this
part if I am an individual recipient?
Subpart D—Responsibilities of Agency
Awarding Officials
182.400 What are my responsibilities as an
agency awarding official?
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OMB Circular A–122.
Subpart E—Violations of This Part and
Consequences
182.500 How are violations of this part
determined for recipients other than
individuals?
182.505 How are violations of this part
determined for recipients who are
individuals?
182.510 What actions will the Federal
Government take against a recipient
determined to have violated this part?
182.515 Are there any exceptions to those
actions?
§ 182.15
apply?
Subpart F—Definitions
182.605 Award.
182.610 Controlled substance.
182.615 Conviction.
182.620 Cooperative agreement.
182.625 Criminal drug statute.
182.630 Debarment.
182.635 Drug-free workplace.
182.640 Employee.
182.645 Federal agency or agency.
182.650 Grant.
182.655 Individual.
182.660 Recipient.
182.665 State.
182.670 Suspension.
§ 182.20 What must a Federal agency do to
implement the guidance?
Authority: 41 U.S.C. 701, et seq.
§ 182.5
What does this part do?
This part provides Office of
Management and Budget (OMB)
guidance for Federal agencies on the
portion of the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701–707, as
amended) that applies to grants. It also
applies the provisions of the Act to
cooperative agreements and other
financial assistance awards, as a matter
of Federal Government policy.
§ 182.10
How is this part organized?
This part is organized in two
segments.
(a) Sections 182.5 through 182.40
contain general policy direction for
Federal agencies’ use of the uniform
policies and procedures in subparts A
through F of this part.
(b) Subparts A through F of this part
contain uniform governmentwide
policies and procedures for Federal
agency use to specify the—
(1) Types of awards that are covered
by drug-free workplace requirements;
(2) Drug-free workplace requirements
with which a recipient must comply;
(3) Actions required of an agency
awarding official; and
(4) Consequences of a violation of
drug-free workplace requirements.
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To whom does the guidance
This part provides OMB guidance
only to Federal agencies. Publication of
this guidance in the Code of Federal
Regulations does not change its nature—
it is guidance and not regulation.
Federal agencies’ implementation of the
guidance governs the rights and
responsibilities of other persons affected
by the drug-free workplace
requirements.
To comply with the requirement in
Section 41 U.S.C. 705 for
Governmentwide regulations, each
Federal agency that awards grants or
cooperative agreements or makes other
financial assistance awards that are
subject to the drug-free workplace
requirements in subparts A through F of
the guidance must issue a regulation
consistent with those subparts.
§ 182.25 What must a Federal agency
address in its implementation of the
guidance?
Each Federal agency’s implementing
regulation:
(a) Must establish drug-free workplace
policies and procedures for that
agency’s awards that are consistent with
the guidance in this part. When adopted
by a Federal agency, the provisions of
the guidance have regulatory effect for
that agency’s awards.
(b) Must address some matters for
which the guidance in this part gives
the agency discretion. Specifically, the
regulation must—
(1) State whether the agency:
(i) Has a central point to which a
recipient may send the notification of a
conviction that is required under
§ 182.225(a) or § 182.300(b); or
(ii) Requires the recipient to send the
notification to the awarding official for
each agency award, or to his or her
official designee.
(2) Either:
(i) State that the agency head is the
official authorized to determine under
§ 182.500 or § 182.505 that a recipient
has violated the drug-free workplace
requirements; or
(ii) Provide the title of the official
designated to make that determination.
(c) May also, at the agency’s option,
identify any specific types of financial
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assistance awards, in addition to grants
and cooperative agreements, to which
the Federal agency makes this guidance
applicable.
§ 182.30 Where does a Federal agency
implement the guidance?
Each Federal agency that awards
grants or cooperative agreements or
makes other financial assistance awards
that are subject to the drug-free
workplace guidance in this part must
issue a regulation implementing the
guidance within its chapter in subtitle B
of this title of the Code of Federal
Regulations.
§ 182.35 By when must a Federal agency
implement the guidance?
Federal agencies must submit
proposed regulations to the OMB for
review within nine months of the
issuance of this part and issue final
regulations within eighteen months of
the guidance.
§ 182.40
How is the guidance maintained?
The OMB publishes proposed changes
to the guidance in the Federal Register
for public comment, considers
comments with the help of appropriate
interagency working groups, and then
issues any changes to the guidance in
final form.
Subpart A—Purpose and Coverage
§ 182.100
How is this part written?
(a) This part uses a ‘‘plain language’’
format to make it easier for the general
public and business community to use
and understand. The section headings
and text, often in the form of questions
and answers, must be read together.
(b) Pronouns used within this part,
such as ‘‘I’’ and ‘‘you,’’ change from
subpart to subpart depending on the
audience being addressed.
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§ 182.105 Do terms in this part have
special meanings?
This part uses terms that have special
meanings. Those terms are defined in
subpart F of this part.
§ 182.110 What do subparts A through F of
this part do?
Subparts A through F of this part
specify standard policies and
procedures to carry out the Drug-Free
Workplace Act of 1988 for financial
assistance awards.
§ 182.115
Does this part apply to me?
(a) Portions of this part apply to you
if you are either—
(1) A recipient of a Federal assistance
award (see definitions of award and
recipient in §§ 182.605 and 182.660,
respectively); or
(2) A Federal agency awarding
official.
(b) The following table shows the
subparts that apply to you:
If you are * * *
See subparts * * *
(1) a recipient who is not an individual ...............................................................................................................................
(2) a recipient who is an individual .....................................................................................................................................
(3) a Federal agency awarding official ...............................................................................................................................
A, B and E.
A, C and E.
A, D and E.
§ 182.120 Are any of my Federal
assistance awards exempt from this part?
This part does not apply to any award
to which the agency head, or his or her
designee, determines that the
application of this part would be
inconsistent with the international
obligations of the United States or the
laws or regulations of a foreign
government.
§ 182.125 Does this part affect the Federal
contracts that I receive?
This part will affect future contract
awards indirectly if you are debarred or
suspended for a violation of the
requirements of this part, as described
in § 182.510(c). However, this part does
not apply directly to procurement
contracts. The portion of the Drug-Free
Workplace Act of 1988 that applies to
Federal procurement contracts is carried
out through the Federal Acquisition
Regulation in chapter 1 of Title 48 of the
Code of Federal Regulations (the drugfree workplace coverage currently is in
48 CFR part 23, subpart 23.5).
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Subpart B—Requirements for
Recipients Other Than Individuals
§ 182.200 What must I do to comply with
this part?
There are two general requirements if
you are a recipient other than an
individual.
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(a) First, you must make a good faith
effort, on a continuing basis, to maintain
a drug-free workplace. You must agree
to do so as a condition for receiving any
award covered by this part. The specific
measures that you must take in this
regard are described in more detail in
subsequent sections of this subpart.
Briefly, those measures are to—
(1) Publish a drug-free workplace
statement and establish a drug-free
awareness program for your employees
(see §§ 182.205 through 182.220); and
(2) Take actions concerning
employees who are convicted of
violating drug statutes in the workplace
(see § 182.225).
(b) Second, you must identify all
known workplaces under your Federal
awards (see § 182.230).
§ 182.205 What must I include in my drugfree workplace statement?
You must publish a statement that—
(a) Tells your employees that the
unlawful manufacture, distribution,
dispensing, possession, or use of a
controlled substance is prohibited in
your workplace;
(b) Specifies the actions that you will
take against employees for violating that
prohibition; and
(c) Lets each employee know that, as
a condition of employment under any
award, he or she:
(1) Will abide by the terms of the
statement; and
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(2) Must notify you in writing if he or
she is convicted for a violation of a
criminal drug statute occurring in the
workplace and must do so no more than
five calendar days after the conviction.
§ 182.210 To whom must I distribute my
drug-free workplace statement?
You must require that a copy of the
statement described in § 182.205 be
given to each employee who will be
engaged in the performance of any
Federal award.
§ 182.215 What must I include in my drugfree awareness program?
You must establish an ongoing drugfree awareness program to inform
employees about—
(a) The dangers of drug abuse in the
workplace;
(b) Your policy of maintaining a drugfree workplace;
(c) Any available drug counseling,
rehabilitation, and employee assistance
programs; and
(d) The penalties that you may impose
upon them for drug abuse violations
occurring in the workplace.
§ 182.220 By when must I publish my
drug-free workplace statement and
establish my drug-free awareness
program?
If you are a new recipient that does
not already have a policy statement as
described in § 182.205 and an ongoing
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awareness program as described in
§ 182.215, you must publish the
statement and establish the program by
the time given in the following table:
If * * *
Then you * * *
(a) the performance period of the award is less than 30 days ................
must have the policy statement and program in place as soon as possible, but before the date on which performance is expected to be
completed.
must have the policy statement and program in place within 30 days
after award.
may ask the agency awarding official to give you more time to do so.
The amount of additional time, if any, to be given is at the discretion
of the awarding official.
(b) the performance period of the award is 30 days or more ..................
(c) you believe there are extraordinary circumstances that will require
more than 30 days for you to publish the policy statement and establish the awareness program.
§ 182.225 What actions must I take
concerning employees who are convicted
of drug violations in the workplace?
There are two actions you must take
if an employee is convicted of a drug
violation in the workplace:
(a) First, you must notify Federal
agencies if an employee who is engaged
in the performance of an award informs
you about a conviction, as required by
§ 182.205(c)(2), or you otherwise learn
of the conviction. Your notification to
the Federal agencies must—
(1) Be in writing;
(2) Include the employee’s position
title;
(3) Include the identification
number(s) of each affected award;
(4) Be sent within ten calendar days
after you learn of the conviction; and
(5) Be sent to every Federal agency on
whose award the convicted employee
was working. It must be sent to every
awarding official or his or her official
designee, unless the Federal agency has
specified a central point for the receipt
of the notices.
(b) Second, within 30 calendar days of
learning about an employee’s
conviction, you must either–
(1) Take appropriate personnel action
against the employee, up to and
including termination, consistent with
the requirements of the Rehabilitation
Act of 1973 (29 U.S.C. 794), as
amended; or
(2) Require the employee to
participate satisfactorily in a drug abuse
assistance or rehabilitation program
approved for these purposes by a
Federal, State or local health, law
enforcement, or other appropriate
agency.
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§ 182.230 How and when must I identify
workplaces?
(a) You must identify all known
workplaces under each agency award. A
failure to do so is a violation of your
drug-free workplace requirements. You
may identify the workplaces—
(1) To the agency official that is
making the award, either at the time of
application or upon award; or
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(2) In documents that you keep on file
in your offices during the performance
of the award, in which case you must
make the information available for
inspection upon request by agency
officials or their designated
representatives.
(b) Your workplace identification for
an award must include the actual
address of buildings (or parts of
buildings) or other sites where work
under the award takes place. Categorical
descriptions may be used (e.g., all
vehicles of a mass transit authority or
State highway department while in
operation, State employees in each local
unemployment office, performers in
concert halls or radio studios).
(c) If you identified workplaces to the
agency awarding official at the time of
application or award, as described in
paragraph (a)(1) of this section, and any
workplace that you identified changes
during the performance of the award,
you must inform the agency awarding
official.
Subpart C—Requirements for
Recipients Who Are Individuals
§ 182.300 What must I do to comply with
this part if I am an individual recipient?
As a condition of receiving a Federal
agency award, if you are an individual
recipient, you must agree that—
(a) You will not engage in the
unlawful manufacture, distribution,
dispensing, possession, or use of a
controlled substance in conducting any
activity related to the award; and
(b) If you are convicted of a criminal
drug offense resulting from a violation
occurring during the conduct of any
award activity, you will report the
conviction:
(1) In writing.
(2) Within 10 calendar days of the
conviction.
(3) To the Federal agency awarding
official or other designee for each award
that you currently have, unless the
agency designates a central point for the
receipt of the notices, either in the
award document or its regulation
implementing the guidance in this part.
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When notice is made to a central point,
it must include the identification
number(s) of each affected award.
Subpart D—Responsibilities of Agency
Awarding Officials
§ 182.400 What are my responsibilities as
an agency awarding official?
As a Federal agency awarding official,
you must obtain each recipient’s
agreement, as a condition of the award,
to comply with the requirements in—
(a) Subpart B of this part, if the
recipient is not an individual; or
(b) Subpart C of this part, if the
recipient is an individual.
Subpart E—Violations of This Part and
Consequences
§ 182.500 How are violations of this part
determined for recipients other than
individuals?
A recipient other than an individual
is in violation of the requirements of
this part if the agency head or his or her
designee determines, in writing, that—
(a) The recipient has violated the
requirements of Subpart B of this part;
or
(b) The number of convictions of the
recipient’s employees for violating
criminal drug statutes in the workplace
is large enough to indicate that the
recipient has failed to make a good faith
effort to provide a drug-free workplace.
§ 182.505 How are violations of this part
determined for recipients who are
individuals?
An individual recipient is in violation
of the requirements of this part if the
agency head or his or her designee
determines, in writing, that—
(a) The recipient has violated the
requirements of Subpart C of this part;
or
(b) The recipient is convicted of a
criminal drug offense resulting from a
violation occurring during the conduct
of any award activity.
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§ 182.510 What actions will the Federal
Government take against a recipient
determined to have violated this part?
§ 182.615
If a recipient is determined to have
violated this part, as described in
§ 182.500 or § 182.505, the agency may
take one or more of the following
actions—
(a) Suspension of payments under the
award;
(b) Suspension or termination of the
award; and
(c) Suspension or debarment of the
recipient under the agency’s regulation
implementing the OMB guidance on
nonprocurement debarment and
suspension (2 CFR part 180), for a
period not to exceed five years.
§ 182.515 Are there any exceptions to
those actions?
The agency head may waive with
respect to a particular award, in writing,
a suspension of payments under an
award, suspension or termination of an
award, or suspension or debarment of a
recipient if the agency head determines
that such a waiver would be in the
public interest. This exception authority
cannot be delegated to any other official.
§ 182.605
Award.
Award means an award of financial
assistance by a Federal agency directly
to a recipient.
(a) The term award includes:
(1) A Federal grant or cooperative
agreement, in the form of money or
property in lieu of money.
(2) A block grant or a grant in an
entitlement program, whether or not the
grant is exempted from coverage under
the Governmentwide rule that
implements OMB Circular A–102 (for
availability of OMB circulars, see 5 CFR
1310.3) and specifies uniform
administrative requirements.
(b) The term award does not include:
(1) Technical assistance that provides
services instead of money.
(2) Loans.
(3) Loan guarantees.
(4) Interest subsidies.
(5) Insurance.
(6) Direct appropriations.
(7) Veterans’ benefits to individuals
(i.e., any benefit to veterans, their
families, or survivors by virtue of the
service of a veteran in the Armed Forces
of the United States).
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§ 182.610
Controlled substance.
Controlled substance means a
controlled substance in schedules I
through V of the Controlled Substances
Act (21 U.S.C. 812), and as further
defined by regulation at 21 CFR 1308.11
through 1308.15.
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§ 182.620
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Cooperative agreement.
Cooperative agreement means an
award of financial assistance that,
consistent with 31 U.S.C. 6305, is used
to enter into the same kind of
relationship as a grant (see definition of
grant in § 182.650), except that
substantial involvement is expected
between the Federal agency and the
recipient when carrying out the activity
contemplated by the award. The term
does not include cooperative research
and development agreements as defined
in 15 U.S.C. 3710a.
§ 182.625
Criminal drug statute.
Criminal drug statute means a Federal
or non-Federal criminal statute
involving the manufacture, distribution,
dispensing, use, or possession of any
controlled substance.
§ 182.630
Subpart F—Definitions
Conviction.
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.
Debarment.
Debarment means an action taken by
a Federal agency to prohibit a recipient
from participating in Federal
Government procurement contracts and
covered nonprocurement transactions.
A recipient so prohibited is debarred, in
accordance with the Federal Acquisition
Regulation for procurement contracts
(48 CFR part 9, subpart 9.4) and agency
regulations implementing the OMB
guidance on nonprocurement
debarment and suspension (2 CFR part
180, which implements Executive
Orders 12549 and 12689).
§ 182.635
Drug-free workplace.
Drug-free workplace means a site for
the performance of work done in
connection with a specific award at
which employees of the recipient are
prohibited from engaging in the
unlawful manufacture, distribution,
dispensing, possession, or use of a
controlled substance.
§ 182.640
Employee.
(a) Employee means the employee of
a recipient directly engaged in the
performance of work under the award,
including—
(1) All direct charge employees;
(2) All indirect charge employees,
unless their impact or involvement in
the performance of work under the
award is insignificant to the
performance of the award; and
(3) Temporary personnel and
consultants who are directly engaged in
PO 00000
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Fmt 4700
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28153
the performance of work under the
award and who are on the recipient’s
payroll.
(b) This definition does not include
workers not on the payroll of the
recipient (e.g., volunteers, even if used
to meet a matching requirement;
consultants or independent contractors
not on the payroll; or employees of
subrecipients or subcontractors in
covered workplaces).
§ 182.645
Federal agency or agency.
Federal agency or agency means any
United States executive department,
military department, government
corporation, government controlled
corporation, any other establishment in
the executive branch (including the
Executive Office of the President), or
any independent regulatory agency.
§ 182.650
Grant.
Grant means an award of financial
assistance that, consistent with 31
U.S.C. 6304, is used to enter into a
relationship—
(a) The principal purpose of which is
to transfer a thing of value to the
recipient to carry out a public purpose
of support or stimulation authorized by
a law of the United States, rather than
to acquire property or services for the
Federal Government’s direct benefit or
use; and
(b) In which substantial involvement
is not expected between the Federal
agency and the recipient when carrying
out the activity contemplated by the
award.
§ 182.655
Individual.
Individual means a natural person.
§ 182.660
Recipient.
Recipient means any individual,
corporation, partnership, association,
unit of government (except a Federal
agency) or legal entity, however
organized, that receives an award
directly from a Federal agency.
§ 182.665
State.
State means any of the States of the
United States, the District of Columbia,
the Commonwealth of Puerto Rico, or
any territory or possession of the United
States.
§ 182.670
Suspension.
Suspension means an action taken by
a Federal agency that immediately
prohibits a recipient from participating
in Federal Government procurement
contracts and covered nonprocurement
transactions for a temporary period,
pending completion of an investigation
and any judicial or administrative
proceedings that may ensue. A recipient
so prohibited is suspended, in
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15JNR1
28154
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations
accordance with the Federal Acquisition
Regulation for procurement contracts
(48 CFR part 9, subpart 9.4) and agency
regulations implementing the OMB
guidance on nonprocurement
debarment and suspension (2 CFR part
180, which implements Executive
Orders 12549 and 12689). Suspension of
a recipient is a distinct and separate
action from suspension of an award or
suspension of payments under an
award.
[FR Doc. E9–14019 Filed 6–12–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 220
[FNS–2005–0008]
RIN 0584–AD50
School Breakfast Program: Severe
Need Assistance
pwalker on PROD1PC71 with RULES
AGENCY: Food and Nutrition Service
(FNS), USDA.
ACTION: Affirmation of interim rule as
final rule.
SUMMARY: The Department is adopting
as a final rule, without change, an
interim rule that amended the
regulations for the School Breakfast
Program. The interim rule addresses and
implements amendments made by
Section 201 of the Child Nutrition and
WIC Reauthorization Act of 2004 and
amends the School Breakfast Program
(SBP) regulations to eliminate the
requirement that a school’s costs exceed
the rate of reimbursement as a criterion
for receiving the higher severe need
funding available in the SBP. The rule
also allows State agencies to provide
severe need reimbursements to certain
new schools that are beginning
participation in the school feeding
programs and therefore have no
historical second preceding year
participation information, as was
previously required. The rule is
intended to simplify eligibility for
severe need reimbursements by
removing previous restrictions on
receipt of those payments. This rule
does not impose new administrative
requirements on State or local
governmental entities.
DATES: Effective on June 15, 2009, the
Department is adopting as a final rule
the interim rule published at 70 FR
66247 on November 2, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Melissa Rothstein, Child Nutrition
VerDate Nov<24>2008
16:18 Jun 12, 2009
Jkt 217001
Division, Food and Nutrition Service at
(703) 305–2590.
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 3410–30–P
On November 2, 2005, the Department
published an interim rule on the School
Breakfast Program. Section 501(b) of
Public Law 108–265 states that FNS
may promulgate interim regulations to
implement amendments made by
Section 201 of the Child Nutrition and
WIC Reauthorization Act of 2004. FNS
published an interim rule to expedite
implementation of the rule’s provisions,
while allowing public input. Comments
were invited on the rule and the
comment period ended on May 1, 2006.
FNS received four public comments, all
in support of the rule: two from State
agencies, one from a school district, and
one from a school. Commenters
commended FNS for helping severe
need schools participate in the SBP by:
• Eliminating the paperwork burden
associated with documenting costs, and
• Allowing the Secretary to determine
severe need funding for new schools
that do not have historical participation
information.
Commenters did not recommend any
changes to the provisions of the interim
rule. Therefore, the Department is
adopting the interim rule as a final rule
without change. Although there are no
changes to the rule, the most recent
School Breakfast Program information
collection package (OMB Information
Collection Request 0584–0012), shows
that the overall burden hours have
increased due to school food authority
and school participation. This action
also affirms information contained in
the interim rule concerning Executive
Order 12866, the Regulatory Flexibility
Act, Executive Order 12988, and the
Paperwork Reduction Act. Further, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
List of Subjects in 7 CFR Part 220
Grant programs—education, Grant
programs—health, Infants and children,
Nutrition, Reporting and recordkeeping
requirements, School breakfast and
lunch programs.
PART 220—SCHOOL BREAKFAST
PROGRAM: SEVERE NEED
ASSISTANCE
Accordingly, the Department is
adopting as a final rule, without change,
the interim rule that amended 7 CFR
Part 220 and was published at 70 FR
66247 on November 2, 2005.
PO 00000
Frm 00006
Dated: June 3, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9–14021 Filed 6–12–09; 8:45 am]
Fmt 4700
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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563–AC23
Common Crop Insurance Regulations,
Basic Provisions
AGENCY: Federal Crop Insurance
Corporation, USDA.
ACTION: Interim rule.
SUMMARY: The Federal Crop Insurance
Corporation (FCIC) amends the
Common Crop Insurance Regulations,
Basic Provisions to revise enterprise
unit provisions to protect the program
from potential abuse as a result of the
increased premium subsidies for
enterprise and whole farm units
provided by the Food, Conservation,
and Energy Act of 2008 (2008 Farm
Bill).
DATES: This rule is effective June 15,
2009. Written comments and opinions
on this rule will be accepted until the
close of business August 14, 2009 and
will be considered when the rule is to
be made final.
ADDRESSES: Interested persons are
invited to submit comments, titled
‘‘Enterprise Unit Interim Rule’’, by any
of the following methods:
• By Mail to: Director, Product
Administration and Standards Division,
Risk Management Agency, United States
Department of Agriculture, Beacon
Facility—Mail Stop 0812, Room 421,
P.O. Box 419205, Kansas City, MO
64141–6205.
• By Express Mail to: Director,
Product Administration and Standards
Division, Risk Management Agency,
United States Department of
Agriculture, Beacon Facility, Stop 0812,
9240 Troost Avenue, Kansas City, MO
64131–3055.
• E-Mail: DirectorPDD@rma.usda.gov.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
A copy of each response will be
available for public inspection and
copying from 7 a.m. to 4:30 p.m., CST,
Monday through Friday, except
holidays, at 6501 Beacon Drive, Stop
0812, Room 421, Kansas City, MO
64133–4676.
FOR FURTHER INFORMATION CONTACT: Erin
Albright, Risk Management Specialist,
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Rules and Regulations]
[Pages 28149-28154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14019]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules
and Regulations
[[Page 28149]]
OFFICE OF MANAGEMENT AND BUDGET
2 CFR Parts 1 and 182
Guidance for Drug-Free Workplace Requirements (Financial
Assistance)
AGENCY: Office of Federal Financial Management, Office of Management
and Budget.
ACTION: Final guidance.
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (OMB) is issuing guidance
on drug-free workplace requirements for financial assistance. The
guidance conforms with the common rule that 31 Federal agencies
published on November 26, 2003 and therefore makes no substantive
change to Federal policies and procedures in this area. The agencies
issued the common rule after resolving public comments received in
response to a Notice of Proposed Rulemaking.
OMB is issuing this guidance as an administrative simplification
that will streamline the policy framework for drug-free workplace
requirements in two ways. First, the guidance is in a form suitable for
Federal agency adoption, which will reduce the volume of Federal
regulations on drug-free workplace requirements, make it easier for the
affected public to use them, and make it easier and less expensive for
the Federal Government to maintain them. Second, the guidance is
located in the recently established title 2 of the Code of Federal
Regulations (2 CFR). Locating the OMB guidance in 2 CFR will make it
easier to find. As a further simplification for the public, the OMB
guidance then will be in the same CFR title as the agencies'
regulations that implement the guidance.
This notice also makes a minor change to the previously issued 2
CFR part 1, to conform that part with the guidance published today.
DATES: The effective date for this final guidance is July 15, 2009.
FOR FURTHER INFORMATION CONTACT: Marguerite Pridgen, Office of Federal
Financial Management, Office of Management and Budget, telephone (202)
395-7844 (direct) or (202) 395-3993 (main office) and e-mail:
mpridgen@omb.eop.gov.
SUPPLEMENTARY INFORMATION: In a Federal Register document published on
September 26, 2008 [73 FR 55776], OMB proposed to issue drug-free
workplace guidance for grants and cooperative agreements and make a
minor conforming change to 2 CFR part 1. The proposal was the first
step toward replacing a common rule that Federal agencies issued to
implement the Drug-Free Workplace Act of 1988, as it applies to grants
(Pub. L. 100-690, title V, subtitle D, enacted November 18, 1988). See
the Supplementary Information section of the September 26, 2008,
Federal Register document for more background information about the
agencies' common rule, the proposed OMB guidance, title 2 of the Code
of Federal Regulations in which the guidance and agency regulations
will be located, and the benefits of replacing a common rule with
adoptable guidance.
In response to the September 2008 proposal, OMB received one
comment noting a typographical error. We therefore are finalizing the
guidance as proposed, with the error corrected.
Next steps. Each Federal agency that is a signatory to the drug-
free workplace common rule will issue a brief rule in its chapter of 2
CFR to adopt the OMB guidance on drug-free workplace, as required under
sections 182.20 through 182.35 of the guidance. The rule will give
regulatory effect to the OMB guidance for the agency's financial
assistance awards and recipients. The agency also will remove the full
text of the November 2003 common rule from its own CFR title. We expect
to complete the process in calendar year 2010.
List of Subjects
2 CFR Part 1
Cooperative agreements, Grant programs, Grants administration.
2 CFR Part 182
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
Danny Werfel,
Deputy Controller.
Authority and Issuance
0
For the reasons set forth above, the Office of Management and Budget
amends 2 CFR, subtitle A, as follows:
PART 1--[AMENDED]
0
1. The authority citation for part 1 continues to read as follows:
Authority: 31 U.S.C. 503; 31 U.S.C. 1111; 41 U.S.C. 405;
Reorganization Plan No. 2 o 1970; E.O. 11541, 35 FR 10737, 3 CFR,
1966-1970, p. 939.
0
2. Section 1.215 is revised to read as follows:
Sec. 1.215 Relationship to previous issuances.
Although some of the guidance was organized differently within OMB
circulars or other documents, much of the guidance in this subtitle
existed prior to the establishment of title 2 of the CFR. Specifically:
------------------------------------------------------------------------
Previously was in *
Guidance in * * * On * * * * *
------------------------------------------------------------------------
(a) Chapter I, part 180..... Nonprocurement OMB guidance that
debarment and conforms with the
suspension. government-wide
common rule (see 60
FR 33036, June 26,
1995).
(b) Chapter I, part 182..... Drug[dash]free OMB guidance (54 FR
workplace 4946, January 31,
requirements. 1989) and a
government-wide
common rule (as
amended at 68 FR
66534, November 26,
2003).
(c) Chapter II, part 215.... Administrative OMB Circular A-110.
requirements for
grants and
agreements.
[[Page 28150]]
(d) Chapter II, part 220.... Cost principles for OMB Circular A-21.
educational
institutions.
(e) Chapter II, part 225.... Cost principles for OMB Circular A-87.
State, local, and
Indian tribal
governments.
(f) Chapter II, part 230.... Cost principles for OMB Circular A-122.
non[dash]profit
organizations.
(g) [Reserved].
------------------------------------------------------------------------
CHAPTER I--[AMENDED]
0
3. Part 182 is added to Chapter I, to read as follows:
PART 182--GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
Sec.
182.5 What does this part do?
182.10 How is this part organized?
182.15 To whom does the guidance apply?
182.20 What must a Federal agency do to implement the guidance?
182.25 What must a Federal agency address in its implementation of
the guidance?
182.30 Where does a Federal agency implement the guidance?
182.35 By when must a Federal agency implement the guidance?
182.40 How is the guidance maintained?
Subpart A--Purpose and Coverage
182.100 How is this part written?
182.105 Do terms in this part have special meanings?
182.110 What do subparts A through F of this part do?
182.115 Does this part apply to me?
182.120 Are any of my Federal assistance awards exempt from this
part?
182.125 Does this part affect the Federal contracts that I receive?
Subpart B--Requirements for Recipients Other Than Individuals
182.200 What must I do to comply with this part?
182.205 What must I include in my drug-free workplace statement?
182.210 To whom must I distribute my drug-free workplace statement?
182.215 What must I include in my drug-free awareness program?
182.220 By when must I publish my drug-free workplace statement and
establish my drug-free awareness program?
182.225 What actions must I take concerning employees who are
convicted of drug violations in the workplace?
182.230 How and when must I identify workplaces?
Subpart C--Requirements for Recipients Who Are Individuals
182.300 What must I do to comply with this part if I am an
individual recipient?
Subpart D--Responsibilities of Agency Awarding Officials
182.400 What are my responsibilities as an agency awarding official?
Subpart E--Violations of This Part and Consequences
182.500 How are violations of this part determined for recipients
other than individuals?
182.505 How are violations of this part determined for recipients
who are individuals?
182.510 What actions will the Federal Government take against a
recipient determined to have violated this part?
182.515 Are there any exceptions to those actions?
Subpart F--Definitions
182.605 Award.
182.610 Controlled substance.
182.615 Conviction.
182.620 Cooperative agreement.
182.625 Criminal drug statute.
182.630 Debarment.
182.635 Drug-free workplace.
182.640 Employee.
182.645 Federal agency or agency.
182.650 Grant.
182.655 Individual.
182.660 Recipient.
182.665 State.
182.670 Suspension.
Authority: 41 U.S.C. 701, et seq.
Sec. 182.5 What does this part do?
This part provides Office of Management and Budget (OMB) guidance
for Federal agencies on the portion of the Drug-Free Workplace Act of
1988 (41 U.S.C. 701-707, as amended) that applies to grants. It also
applies the provisions of the Act to cooperative agreements and other
financial assistance awards, as a matter of Federal Government policy.
Sec. 182.10 How is this part organized?
This part is organized in two segments.
(a) Sections 182.5 through 182.40 contain general policy direction
for Federal agencies' use of the uniform policies and procedures in
subparts A through F of this part.
(b) Subparts A through F of this part contain uniform
governmentwide policies and procedures for Federal agency use to
specify the--
(1) Types of awards that are covered by drug-free workplace
requirements;
(2) Drug-free workplace requirements with which a recipient must
comply;
(3) Actions required of an agency awarding official; and
(4) Consequences of a violation of drug-free workplace
requirements.
Sec. 182.15 To whom does the guidance apply?
This part provides OMB guidance only to Federal agencies.
Publication of this guidance in the Code of Federal Regulations does
not change its nature--it is guidance and not regulation. Federal
agencies' implementation of the guidance governs the rights and
responsibilities of other persons affected by the drug-free workplace
requirements.
Sec. 182.20 What must a Federal agency do to implement the guidance?
To comply with the requirement in Section 41 U.S.C. 705 for
Governmentwide regulations, each Federal agency that awards grants or
cooperative agreements or makes other financial assistance awards that
are subject to the drug-free workplace requirements in subparts A
through F of the guidance must issue a regulation consistent with those
subparts.
Sec. 182.25 What must a Federal agency address in its implementation
of the guidance?
Each Federal agency's implementing regulation:
(a) Must establish drug-free workplace policies and procedures for
that agency's awards that are consistent with the guidance in this
part. When adopted by a Federal agency, the provisions of the guidance
have regulatory effect for that agency's awards.
(b) Must address some matters for which the guidance in this part
gives the agency discretion. Specifically, the regulation must--
(1) State whether the agency:
(i) Has a central point to which a recipient may send the
notification of a conviction that is required under Sec. 182.225(a) or
Sec. 182.300(b); or
(ii) Requires the recipient to send the notification to the
awarding official for each agency award, or to his or her official
designee.
(2) Either:
(i) State that the agency head is the official authorized to
determine under Sec. 182.500 or Sec. 182.505 that a recipient has
violated the drug-free workplace requirements; or
(ii) Provide the title of the official designated to make that
determination.
(c) May also, at the agency's option, identify any specific types
of financial
[[Page 28151]]
assistance awards, in addition to grants and cooperative agreements, to
which the Federal agency makes this guidance applicable.
Sec. 182.30 Where does a Federal agency implement the guidance?
Each Federal agency that awards grants or cooperative agreements or
makes other financial assistance awards that are subject to the drug-
free workplace guidance in this part must issue a regulation
implementing the guidance within its chapter in subtitle B of this
title of the Code of Federal Regulations.
Sec. 182.35 By when must a Federal agency implement the guidance?
Federal agencies must submit proposed regulations to the OMB for
review within nine months of the issuance of this part and issue final
regulations within eighteen months of the guidance.
Sec. 182.40 How is the guidance maintained?
The OMB publishes proposed changes to the guidance in the Federal
Register for public comment, considers comments with the help of
appropriate interagency working groups, and then issues any changes to
the guidance in final form.
Subpart A--Purpose and Coverage
Sec. 182.100 How is this part written?
(a) This part uses a ``plain language'' format to make it easier
for the general public and business community to use and understand.
The section headings and text, often in the form of questions and
answers, must be read together.
(b) Pronouns used within this part, such as ``I'' and ``you,''
change from subpart to subpart depending on the audience being
addressed.
Sec. 182.105 Do terms in this part have special meanings?
This part uses terms that have special meanings. Those terms are
defined in subpart F of this part.
Sec. 182.110 What do subparts A through F of this part do?
Subparts A through F of this part specify standard policies and
procedures to carry out the Drug-Free Workplace Act of 1988 for
financial assistance awards.
Sec. 182.115 Does this part apply to me?
(a) Portions of this part apply to you if you are either--
(1) A recipient of a Federal assistance award (see definitions of
award and recipient in Sec. Sec. 182.605 and 182.660, respectively);
or
(2) A Federal agency awarding official.
(b) The following table shows the subparts that apply to you:
------------------------------------------------------------------------
If you are * * * See subparts * * *
------------------------------------------------------------------------
(1) a recipient who is not an A, B and E.
individual.
(2) a recipient who is an A, C and E.
individual.
(3) a Federal agency awarding A, D and E.
official.
------------------------------------------------------------------------
Sec. 182.120 Are any of my Federal assistance awards exempt from
this part?
This part does not apply to any award to which the agency head, or
his or her designee, determines that the application of this part would
be inconsistent with the international obligations of the United States
or the laws or regulations of a foreign government.
Sec. 182.125 Does this part affect the Federal contracts that I
receive?
This part will affect future contract awards indirectly if you are
debarred or suspended for a violation of the requirements of this part,
as described in Sec. 182.510(c). However, this part does not apply
directly to procurement contracts. The portion of the Drug-Free
Workplace Act of 1988 that applies to Federal procurement contracts is
carried out through the Federal Acquisition Regulation in chapter 1 of
Title 48 of the Code of Federal Regulations (the drug-free workplace
coverage currently is in 48 CFR part 23, subpart 23.5).
Subpart B--Requirements for Recipients Other Than Individuals
Sec. 182.200 What must I do to comply with this part?
There are two general requirements if you are a recipient other
than an individual.
(a) First, you must make a good faith effort, on a continuing
basis, to maintain a drug-free workplace. You must agree to do so as a
condition for receiving any award covered by this part. The specific
measures that you must take in this regard are described in more detail
in subsequent sections of this subpart. Briefly, those measures are
to--
(1) Publish a drug-free workplace statement and establish a drug-
free awareness program for your employees (see Sec. Sec. 182.205
through 182.220); and
(2) Take actions concerning employees who are convicted of
violating drug statutes in the workplace (see Sec. 182.225).
(b) Second, you must identify all known workplaces under your
Federal awards (see Sec. 182.230).
Sec. 182.205 What must I include in my drug-free workplace
statement?
You must publish a statement that--
(a) Tells your employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance
is prohibited in your workplace;
(b) Specifies the actions that you will take against employees for
violating that prohibition; and
(c) Lets each employee know that, as a condition of employment
under any award, he or she:
(1) Will abide by the terms of the statement; and
(2) Must notify you in writing if he or she is convicted for a
violation of a criminal drug statute occurring in the workplace and
must do so no more than five calendar days after the conviction.
Sec. 182.210 To whom must I distribute my drug-free workplace
statement?
You must require that a copy of the statement described in Sec.
182.205 be given to each employee who will be engaged in the
performance of any Federal award.
Sec. 182.215 What must I include in my drug-free awareness program?
You must establish an ongoing drug-free awareness program to inform
employees about--
(a) The dangers of drug abuse in the workplace;
(b) Your policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that you may impose upon them for drug abuse
violations occurring in the workplace.
Sec. 182.220 By when must I publish my drug-free workplace statement
and establish my drug-free awareness program?
If you are a new recipient that does not already have a policy
statement as described in Sec. 182.205 and an ongoing
[[Page 28152]]
awareness program as described in Sec. 182.215, you must publish the
statement and establish the program by the time given in the following
table:
------------------------------------------------------------------------
If * * * Then you * * *
------------------------------------------------------------------------
(a) the performance period of the award must have the policy statement
is less than 30 days. and program in place as soon
as possible, but before the
date on which performance is
expected to be completed.
(b) the performance period of the award must have the policy statement
is 30 days or more. and program in place within 30
days after award.
(c) you believe there are extraordinary may ask the agency awarding
circumstances that will require more official to give you more time
than 30 days for you to publish the to do so. The amount of
policy statement and establish the additional time, if any, to be
awareness program. given is at the discretion of
the awarding official.
------------------------------------------------------------------------
Sec. 182.225 What actions must I take concerning employees who are
convicted of drug violations in the workplace?
There are two actions you must take if an employee is convicted of
a drug violation in the workplace:
(a) First, you must notify Federal agencies if an employee who is
engaged in the performance of an award informs you about a conviction,
as required by Sec. 182.205(c)(2), or you otherwise learn of the
conviction. Your notification to the Federal agencies must--
(1) Be in writing;
(2) Include the employee's position title;
(3) Include the identification number(s) of each affected award;
(4) Be sent within ten calendar days after you learn of the
conviction; and
(5) Be sent to every Federal agency on whose award the convicted
employee was working. It must be sent to every awarding official or his
or her official designee, unless the Federal agency has specified a
central point for the receipt of the notices.
(b) Second, within 30 calendar days of learning about an employee's
conviction, you must either-
(1) Take appropriate personnel action against the employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or
(2) Require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for these purposes
by a Federal, State or local health, law enforcement, or other
appropriate agency.
Sec. 182.230 How and when must I identify workplaces?
(a) You must identify all known workplaces under each agency award.
A failure to do so is a violation of your drug-free workplace
requirements. You may identify the workplaces--
(1) To the agency official that is making the award, either at the
time of application or upon award; or
(2) In documents that you keep on file in your offices during the
performance of the award, in which case you must make the information
available for inspection upon request by agency officials or their
designated representatives.
(b) Your workplace identification for an award must include the
actual address of buildings (or parts of buildings) or other sites
where work under the award takes place. Categorical descriptions may be
used (e.g., all vehicles of a mass transit authority or State highway
department while in operation, State employees in each local
unemployment office, performers in concert halls or radio studios).
(c) If you identified workplaces to the agency awarding official at
the time of application or award, as described in paragraph (a)(1) of
this section, and any workplace that you identified changes during the
performance of the award, you must inform the agency awarding official.
Subpart C--Requirements for Recipients Who Are Individuals
Sec. 182.300 What must I do to comply with this part if I am an
individual recipient?
As a condition of receiving a Federal agency award, if you are an
individual recipient, you must agree that--
(a) You will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in conducting
any activity related to the award; and
(b) If you are convicted of a criminal drug offense resulting from
a violation occurring during the conduct of any award activity, you
will report the conviction:
(1) In writing.
(2) Within 10 calendar days of the conviction.
(3) To the Federal agency awarding official or other designee for
each award that you currently have, unless the agency designates a
central point for the receipt of the notices, either in the award
document or its regulation implementing the guidance in this part. When
notice is made to a central point, it must include the identification
number(s) of each affected award.
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 182.400 What are my responsibilities as an agency awarding
official?
As a Federal agency awarding official, you must obtain each
recipient's agreement, as a condition of the award, to comply with the
requirements in--
(a) Subpart B of this part, if the recipient is not an individual;
or
(b) Subpart C of this part, if the recipient is an individual.
Subpart E--Violations of This Part and Consequences
Sec. 182.500 How are violations of this part determined for
recipients other than individuals?
A recipient other than an individual is in violation of the
requirements of this part if the agency head or his or her designee
determines, in writing, that--
(a) The recipient has violated the requirements of Subpart B of
this part; or
(b) The number of convictions of the recipient's employees for
violating criminal drug statutes in the workplace is large enough to
indicate that the recipient has failed to make a good faith effort to
provide a drug-free workplace.
Sec. 182.505 How are violations of this part determined for
recipients who are individuals?
An individual recipient is in violation of the requirements of this
part if the agency head or his or her designee determines, in writing,
that--
(a) The recipient has violated the requirements of Subpart C of
this part; or
(b) The recipient is convicted of a criminal drug offense resulting
from a violation occurring during the conduct of any award activity.
[[Page 28153]]
Sec. 182.510 What actions will the Federal Government take against a
recipient determined to have violated this part?
If a recipient is determined to have violated this part, as
described in Sec. 182.500 or Sec. 182.505, the agency may take one or
more of the following actions--
(a) Suspension of payments under the award;
(b) Suspension or termination of the award; and
(c) Suspension or debarment of the recipient under the agency's
regulation implementing the OMB guidance on nonprocurement debarment
and suspension (2 CFR part 180), for a period not to exceed five years.
Sec. 182.515 Are there any exceptions to those actions?
The agency head may waive with respect to a particular award, in
writing, a suspension of payments under an award, suspension or
termination of an award, or suspension or debarment of a recipient if
the agency head determines that such a waiver would be in the public
interest. This exception authority cannot be delegated to any other
official.
Subpart F--Definitions
Sec. 182.605 Award.
Award means an award of financial assistance by a Federal agency
directly to a recipient.
(a) The term award includes:
(1) A Federal grant or cooperative agreement, in the form of money
or property in lieu of money.
(2) A block grant or a grant in an entitlement program, whether or
not the grant is exempted from coverage under the Governmentwide rule
that implements OMB Circular A-102 (for availability of OMB circulars,
see 5 CFR 1310.3) and specifies uniform administrative requirements.
(b) The term award does not include:
(1) Technical assistance that provides services instead of money.
(2) Loans.
(3) Loan guarantees.
(4) Interest subsidies.
(5) Insurance.
(6) Direct appropriations.
(7) Veterans' benefits to individuals (i.e., any benefit to
veterans, their families, or survivors by virtue of the service of a
veteran in the Armed Forces of the United States).
Sec. 182.610 Controlled substance.
Controlled substance means a controlled substance in schedules I
through V of the Controlled Substances Act (21 U.S.C. 812), and as
further defined by regulation at 21 CFR 1308.11 through 1308.15.
Sec. 182.615 Conviction.
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.
Sec. 182.620 Cooperative agreement.
Cooperative agreement means an award of financial assistance that,
consistent with 31 U.S.C. 6305, is used to enter into the same kind of
relationship as a grant (see definition of grant in Sec. 182.650),
except that substantial involvement is expected between the Federal
agency and the recipient when carrying out the activity contemplated by
the award. The term does not include cooperative research and
development agreements as defined in 15 U.S.C. 3710a.
Sec. 182.625 Criminal drug statute.
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance.
Sec. 182.630 Debarment.
Debarment means an action taken by a Federal agency to prohibit a
recipient from participating in Federal Government procurement
contracts and covered nonprocurement transactions. A recipient so
prohibited is debarred, in accordance with the Federal Acquisition
Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and
agency regulations implementing the OMB guidance on nonprocurement
debarment and suspension (2 CFR part 180, which implements Executive
Orders 12549 and 12689).
Sec. 182.635 Drug-free workplace.
Drug-free workplace means a site for the performance of work done
in connection with a specific award at which employees of the recipient
are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance.
Sec. 182.640 Employee.
(a) Employee means the employee of a recipient directly engaged in
the performance of work under the award, including--
(1) All direct charge employees;
(2) All indirect charge employees, unless their impact or
involvement in the performance of work under the award is insignificant
to the performance of the award; and
(3) Temporary personnel and consultants who are directly engaged in
the performance of work under the award and who are on the recipient's
payroll.
(b) This definition does not include workers not on the payroll of
the recipient (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the payroll;
or employees of subrecipients or subcontractors in covered workplaces).
Sec. 182.645 Federal agency or agency.
Federal agency or agency means any United States executive
department, military department, government corporation, government
controlled corporation, any other establishment in the executive branch
(including the Executive Office of the President), or any independent
regulatory agency.
Sec. 182.650 Grant.
Grant means an award of financial assistance that, consistent with
31 U.S.C. 6304, is used to enter into a relationship--
(a) The principal purpose of which is to transfer a thing of value
to the recipient to carry out a public purpose of support or
stimulation authorized by a law of the United States, rather than to
acquire property or services for the Federal Government's direct
benefit or use; and
(b) In which substantial involvement is not expected between the
Federal agency and the recipient when carrying out the activity
contemplated by the award.
Sec. 182.655 Individual.
Individual means a natural person.
Sec. 182.660 Recipient.
Recipient means any individual, corporation, partnership,
association, unit of government (except a Federal agency) or legal
entity, however organized, that receives an award directly from a
Federal agency.
Sec. 182.665 State.
State means any of the States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States.
Sec. 182.670 Suspension.
Suspension means an action taken by a Federal agency that
immediately prohibits a recipient from participating in Federal
Government procurement contracts and covered nonprocurement
transactions for a temporary period, pending completion of an
investigation and any judicial or administrative proceedings that may
ensue. A recipient so prohibited is suspended, in
[[Page 28154]]
accordance with the Federal Acquisition Regulation for procurement
contracts (48 CFR part 9, subpart 9.4) and agency regulations
implementing the OMB guidance on nonprocurement debarment and
suspension (2 CFR part 180, which implements Executive Orders 12549 and
12689). Suspension of a recipient is a distinct and separate action
from suspension of an award or suspension of payments under an award.
[FR Doc. E9-14019 Filed 6-12-09; 8:45 am]
BILLING CODE P
