Implementation of OMB Guidance on Drug-Free Workplace Requirements, 58189-58191 [E9-27024]
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58189
Rules and Regulations
Federal Register
Vol. 74, No. 217
Thursday, November 12, 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.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
2 CFR Part 382
45 CFR Part 82
Implementation of OMB Guidance on
Drug-Free Workplace Requirements
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Department of Health and
Human Services.
ACTION: Final rule.
SUMMARY: The Department of Health and
Human Services (HHS or the
Department) is removing its regulation
implementing the Governmentwide
common rule on drug-free workplace
requirements for financial assistance,
and issuing a new regulation to adopt
Office of Management and Budget
(OMB) guidance. This regulatory action
implements the OMB’s initiative to
streamline and consolidate into one title
of the CFR all Federal regulations on
drug-free workplace requirements for
financial assistance. These changes
constitute an administrative
simplification that would make no
substantive change in HHS policy or
procedures for drug-free workplace.
DATES: This final rule is effective on
January 11, 2010 without further action.
Written comments must be received on
or before 5 p.m. (Eastern Standard Time)
on December 14, 2009 on any
unintended changes this action makes
in HHS policies and procedures for
drug-free workplace. All comments on
unintended changes will be considered
and, if warranted, HHS will revise the
rule.
ADDRESSES: You may submit comments
by either of the following methods:
E-mail: Nancy.Weisman@hhs.gov, or by
mail: Nancy Weisman, HHS, Office of
Grants Policy, Oversight and Evaluation,
200 Independence Ave., SW., Room
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13:02 Nov 10, 2009
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514–D Hubert H. Humphrey Building,
Washington, DC 20201. Please state ‘‘2
CFR part 382’’ on the subject line.
FOR FURTHER INFORMATION CONTACT:
Nancy Weisman at (202) 260–4573, or
e-mail her at Nancy.Weisman@hhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The Drug-Free Workplace Act of 1988
[Pub. L. 100–690, Title V, Subtitle D; 41
U.S.C. 701, et seq.] was enacted as a part
of omnibus drug legislation on
November 18, 1988. Federal agencies
issued an interim final common rule to
implement the act as it applied to grants
[54 FR 4946, January 31, 1989]. The rule
was a subpart of the Governmentwide
common rule on nonprocurement
suspension and debarment. The
agencies issued a final common rule
after consideration of public comments
[55 FR 21681, May 25, 1990].
On November 26, 2003 [68 FR 66534],
the agencies updated the common rule
on drug-free workplace requirements
and converted it to plain language. Each
agency at that time also relocated the
drug-free workplace coverage to its own
CFR part and removed it from the
subpart in the suspension and
debarment common rule.
When it established Title 2 of the CFR
as the new central location for OMB
guidance and agency implementing
regulations concerning grants and
agreements [69 FR 26276, May 11,
2004], OMB announced its intention to
replace common rules with OMB
guidance that agencies could adopt in
brief regulations. OMB began that
process by proposing [70 FR 51863,
August 31, 2005] and finalizing [71 FR
66431, November 15, 2006]
Governmentwide guidance on
nonprocurement suspension and
debarment in 2 CFR part 180.
As the next step in that process, OMB
proposed for comment [73 FR 55776,
September 26, 2008] and finalized [74
FR 28149, June 15, 2009]
Governmentwide guidance with policies
and procedures to implement drug-free
workplace requirements for financial
assistance. The guidance requires each
agency to replace the common rule on
drug-free workplace requirements that
the agency previously issued in its own
CFR title with a brief regulation in 2
CFR adopting the Governmentwide
policies and procedures. One advantage
of this approach is that it reduces the
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Sfmt 4700
total volume of drug-free workplace
regulations. A second advantage is that
it co-locates OMB’s guidance and all of
the agencies’ implementing regulations
in 2 CFR.
The Current Regulatory Actions
As the OMB guidance requires, HHS
is taking two regulatory actions. First,
we are removing the drug-free
workplace common rule from 45 CFR
part 82. Second, to replace the common
rule, we are issuing a brief regulation in
2 CFR part 382 to adopt the
Governmentwide policies and
procedures in the OMB guidance.
Invitation To Comment
Taken together, these regulatory
actions are solely an administrative
simplification and are not intended to
make any substantive changes in
policies or procedures. In soliciting
comments on these actions, we therefore
are not seeking to revisit substantive
issues that were resolved during the
development of the final common rule
in 2003. We are inviting comments
specifically on any unintended changes
in substantive content that the new part
in 2 CFR would make relative to the
common rule at 45 CFR part 82.
Administrative Procedure Act
Under the Administrative Procedure
Act (5 U.S.C. 553), agencies generally
propose a regulation and offer interested
parties the opportunity to comment
before it becomes effective. However, as
described in the ‘‘Background’’ section
of this preamble, the policies and
procedures in this regulation have been
proposed for comment two times—one
time by Federal agencies as a common
rule in 2002 and a second time by OMB
as guidance in 2008—and adopted each
time after resolution of the comments
received.
This direct final rule is solely an
administrative simplification that would
make no substantive change in HHS
policy or procedures for drug-free
workplace. We therefore believe that the
rule is noncontroversial and do not
expect to receive adverse comments,
although we are inviting comments on
any unintended substantive change this
rule makes.
Accordingly, we find that the
solicitation of public comments on this
direct final rule is unnecessary and that
‘‘good cause’’ exists under 5 U.S.C.
553(b)(B) and 553(d) to make this rule
E:\FR\FM\12NOR1.SGM
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58190
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations
Dated: November 2, 2009.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
effective on January 11, 2010 without
further action, unless we receive
adverse comment by December 14,
2009. If any comment on unintended
changes is received, it will be
considered and, if warranted, we will
publish a timely revision of the rule.
Accordingly, for the reasons set forth
in the preamble, and under the
authority of 5 U.S.C. 301, HHS amends
the Code of Federal Regulations, Title 2,
Subtitle B, chapter III, and Title 45 CFR,
chapter I, part 82, as follows:
■
Executive Order 12866
OMB has determined this rule to be
not significant for purposes of E.O.
12866.
Regulatory Flexibility Act of 1980
(5 U.S.C. 605(b))
This proposed regulatory action will
not have a significant adverse impact on
a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec.
202, Pub. L. 104–4)
This proposed regulatory action does
not contain a Federal mandate that will
result in the expenditure by State, local,
and tribal governments, in aggregate, or
by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995
(44 U.S.C., Chapter 35)
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Title 2—Grants and Agreements
1. Add part 382 in Subtitle B, Chapter
III, to read as follows:
■
Sec.
PART 382—REQUIREMENTS FOR DRUGFREE WORKPLACE (FINANCIAL
ASSISTANCE)
382.10 What does this part do?
382.20 Does this part apply to me?
382.30 What policies and procedures must
I follow?
Subpart A—[Reserved]
§ 382.225 Whom in HHS does a recipient
other than an individual notify about a
criminal drug conviction?
Subpart C—Requirements for
Recipients Who Are Individuals
§ 382.300 Whom in HHS does a recipient
who is an individual notify about a criminal
drug conviction?
List of Subjects
2 CFR Part 382
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
Subpart E—Violations of This Part and
Consequences
§ 382.500 Who in HHS determines that a
recipient other than an individual violated
the requirements of this part?
Subpart D—Responsibilities of Agency
Awarding Officials
§ 382.400 What method do I use as an
agency awarding official to obtain a
recipient’s agreement to comply with the
OMB guidance?
§ 382.505 Who in HHS determines that a
recipient who is an individual violated the
requirements of this part?
What does this part do?
This part requires that the award and
administration of HHS grants and
cooperative agreements comply with
Office of Management and Budget
(OMB) guidance implementing the
portion of the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701–707, as
amended, hereafter referred to as ‘‘the
Act’’) that applies to grants. It thereby—
(a) Gives regulatory effect to the OMB
guidance (Subparts A through F of
2 CFR part 182) for the HHS grants and
cooperative agreements; and
(b) Establishes HHS policies and
procedures for compliance with the Act
that are the same as those of other
Federal agencies, in conformance with
the requirement in 41 U.S.C. 705 for
Governmentwide implementing
regulations.
§ 382.20
Subpart B—Requirements for
Recipients Other Than Individuals
Federalism (Executive Order 13132)
This proposed regulatory action does
not have Federalism implications, as set
forth in Executive Order 13132. It will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
45 CFR Part 82
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
§ 382.10
Does this part apply to me?
This part and, through this part,
pertinent portions of the OMB guidance
in Subparts A through F of 2 CFR part
182 (see table at 2 CFR 182.115(b))
apply to you if you are a—
(a) Recipient of an HHS grant or
cooperative agreement; or
(b) HHS awarding official.
§ 382.30 What policies and procedures
must I follow?
(a) General. You must follow the
policies and procedures specified in
applicable sections of the OMB
guidance in Subparts A through F of 2
CFR part 182, as implemented by this
part.
(b) Specific sections of OMB guidance
that this part supplements. In
implementing the OMB guidance in 2
CFR part 182, this part supplements
four sections of the guidance, as shown
in the following table. For each of those
sections, you must follow the policies
and procedures in the OMB guidance, as
supplemented by this part.
Subpart F—[Reserved]
Authority: 41 U.S.C. 701–707.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Section of OMB
guidance
Section in this part
where supplemented
What the supplementation clarifies
(1) 2 CFR 182.225(a) ....
§ 382.225 ....................
(2) 2 CFR 182.300(b) ....
§ 382.300 ....................
(3) 2 CFR 182.500 ........
§ 382.500 ....................
Whom in HHS a recipient other than an individual must notify if an employee is convicted for
a violation of a criminal drug statute in the workplace.
Whom in HHS a recipient who is an individual must notify if he or she is convicted of a
criminal drug offense resulting from a violation occurring during the conduct of any award
activity.
Who in HHS is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Rules and Regulations
58191
Section of OMB
guidance
Section in this part
where supplemented
What the supplementation clarifies
(4) 2 CFR 182.505 ........
§ 382.505 ....................
Who in HHS is authorized to determine that a recipient who is an individual is in violation of
the requirements of 2 CFR part 182, as implemented by this part.
(c) Sections of the OMB guidance that
this part does not supplement. For any
section of OMB guidance in Subparts A
through F of 2 CFR part 182 that is not
listed in paragraph (b) of this section,
HHS policies and procedures are the
same as those in the OMB guidance.
Subpart A—[Reserved]
Subpart E—Violations of This Part and
Consequences
cargo door opened without indication. In one
of the events the aircraft took off with the
cargo door opened.
§ 382.500 Who in HHS determines that a
recipient other than an individual violated
the requirements of this part?
*
The agency head is the official
authorized to make the determination
under 2 CFR 182.500.
§ 382.505 Who in HHS determines that a
recipient who is an individual violated the
requirements of this part?
Subpart B—Requirements for
Recipients Other Than Individuals
§ 382.225 Whom in HHS does a recipient
other than an individual notify about a
criminal conviction?
A recipient other than an individual
that is required under 2 CFR 182.225(a)
to notify Federal agencies about an
employee’s conviction for a criminal
drug offense must notify each HHS
office from which it currently has an
award.
Subpart C—Requirements for
Recipients Who Are Individuals
The agency head is the official
authorized to make the determination
under 2 CFR 182.505.
Subpart F—(Reserved)
Title 45—Public Welfare
CHAPTER I—DEPARTMENT OF HEALTH
AND HUMAN SERVICES
PART 82—[REMOVED]
2. Under the authority of 5 U.S.C. 301,
remove part 82.
■
[FR Doc. E9–27024 Filed 11–10–09; 8:45 am]
§ 382.300 Whom in HHS does a recipient
who is an individual notify about a criminal
drug conviction?
A recipient who is an individual and
is required under 2 CFR 182.300(b) to
notify Federal agencies about a
conviction for a criminal drug offense
must notify each HHS office from which
it currently has an award.
BILLING CODE 4151–AE–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0687; Directorate
Identifier 2009–NM–033–AD; Amendment
39–16080; AD 2009–23–08]
RIN 2120–AA64
§ 382.400 What method do I use as an
agency awarding official to obtain a
recipient’s agreement to comply with the
OMB guidance?
WReier-Aviles on DSKGBLS3C1PROD with RULES
Subpart D—Responsibilities of Agency
Awarding Officials
Airworthiness Directives; Empresa
´
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ
190 Airplanes
To obtain a recipient’s agreement to
comply with applicable requirements in
the OMB guidance at 2 CFR part 182,
you must include the following term or
condition in the award:
Drug-free workplace. You as the
recipient must comply with drug-free
workplace requirements in Subpart B
(or Subpart C, if the recipient is an
individual) of part 382, which adopts
the Governmentwide implementation (2
CFR part 182) of sec. 5152–5158 of the
Drug-Free Workplace Act of 1988 (Pub.
L. 100–690, Title V, Subtitle D; 41
U.S.C. 701–707).
VerDate Nov<24>2008
13:02 Nov 10, 2009
Jkt 220001
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
It has been found the occurrence of two
events of aircraft being dispatched with the
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Fmt 4700
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*
*
*
*
The unsafe condition is a cargo door
opening during flight, which could
result in reduced structural integrity
and consequent rapid decompression of
the airplane. We are issuing this AD to
require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective
December 17, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 17, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–2848;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on August 18, 2009 (74 FR
41642), and proposed to supersede AD
2007–06–53, Amendment 39–15035 (72
FR 21088, April 30, 2007). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI
states:
It has been found the occurrence of two
events of aircraft being dispatched with the
cargo door opened without indication. In one
of the events the aircraft took off with the
cargo door opened.
The unsafe condition is a cargo door
opening during flight, which could
result in reduced structural integrity
and consequent rapid decompression of
the airplane. Required actions include
repetitive inspections of the forward
and aft cargo doors to detect signs of
interference between the lock handle
and the aft edge liner assembly and
E:\FR\FM\12NOR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58189-58191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27024]
========================================================================
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. 217 / Thursday, November 12, 2009 /
Rules and Regulations
[[Page 58189]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
2 CFR Part 382
45 CFR Part 82
Implementation of OMB Guidance on Drug-Free Workplace
Requirements
AGENCY: Department of Health and Human Services.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services (HHS or the
Department) is removing its regulation implementing the Governmentwide
common rule on drug-free workplace requirements for financial
assistance, and issuing a new regulation to adopt Office of Management
and Budget (OMB) guidance. This regulatory action implements the OMB's
initiative to streamline and consolidate into one title of the CFR all
Federal regulations on drug-free workplace requirements for financial
assistance. These changes constitute an administrative simplification
that would make no substantive change in HHS policy or procedures for
drug-free workplace.
DATES: This final rule is effective on January 11, 2010 without further
action. Written comments must be received on or before 5 p.m. (Eastern
Standard Time) on December 14, 2009 on any unintended changes this
action makes in HHS policies and procedures for drug-free workplace.
All comments on unintended changes will be considered and, if
warranted, HHS will revise the rule.
ADDRESSES: You may submit comments by either of the following methods:
E-mail: Nancy.Weisman@hhs.gov, or by mail: Nancy Weisman, HHS, Office
of Grants Policy, Oversight and Evaluation, 200 Independence Ave., SW.,
Room 514-D Hubert H. Humphrey Building, Washington, DC 20201. Please
state ``2 CFR part 382'' on the subject line.
FOR FURTHER INFORMATION CONTACT: Nancy Weisman at (202) 260-4573, or e-
mail her at Nancy.Weisman@hhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The Drug-Free Workplace Act of 1988 [Pub. L. 100-690, Title V,
Subtitle D; 41 U.S.C. 701, et seq.] was enacted as a part of omnibus
drug legislation on November 18, 1988. Federal agencies issued an
interim final common rule to implement the act as it applied to grants
[54 FR 4946, January 31, 1989]. The rule was a subpart of the
Governmentwide common rule on nonprocurement suspension and debarment.
The agencies issued a final common rule after consideration of public
comments [55 FR 21681, May 25, 1990].
On November 26, 2003 [68 FR 66534], the agencies updated the common
rule on drug-free workplace requirements and converted it to plain
language. Each agency at that time also relocated the drug-free
workplace coverage to its own CFR part and removed it from the subpart
in the suspension and debarment common rule.
When it established Title 2 of the CFR as the new central location
for OMB guidance and agency implementing regulations concerning grants
and agreements [69 FR 26276, May 11, 2004], OMB announced its intention
to replace common rules with OMB guidance that agencies could adopt in
brief regulations. OMB began that process by proposing [70 FR 51863,
August 31, 2005] and finalizing [71 FR 66431, November 15, 2006]
Governmentwide guidance on nonprocurement suspension and debarment in 2
CFR part 180.
As the next step in that process, OMB proposed for comment [73 FR
55776, September 26, 2008] and finalized [74 FR 28149, June 15, 2009]
Governmentwide guidance with policies and procedures to implement drug-
free workplace requirements for financial assistance. The guidance
requires each agency to replace the common rule on drug-free workplace
requirements that the agency previously issued in its own CFR title
with a brief regulation in 2 CFR adopting the Governmentwide policies
and procedures. One advantage of this approach is that it reduces the
total volume of drug-free workplace regulations. A second advantage is
that it co-locates OMB's guidance and all of the agencies' implementing
regulations in 2 CFR.
The Current Regulatory Actions
As the OMB guidance requires, HHS is taking two regulatory actions.
First, we are removing the drug-free workplace common rule from 45 CFR
part 82. Second, to replace the common rule, we are issuing a brief
regulation in 2 CFR part 382 to adopt the Governmentwide policies and
procedures in the OMB guidance.
Invitation To Comment
Taken together, these regulatory actions are solely an
administrative simplification and are not intended to make any
substantive changes in policies or procedures. In soliciting comments
on these actions, we therefore are not seeking to revisit substantive
issues that were resolved during the development of the final common
rule in 2003. We are inviting comments specifically on any unintended
changes in substantive content that the new part in 2 CFR would make
relative to the common rule at 45 CFR part 82.
Administrative Procedure Act
Under the Administrative Procedure Act (5 U.S.C. 553), agencies
generally propose a regulation and offer interested parties the
opportunity to comment before it becomes effective. However, as
described in the ``Background'' section of this preamble, the policies
and procedures in this regulation have been proposed for comment two
times--one time by Federal agencies as a common rule in 2002 and a
second time by OMB as guidance in 2008--and adopted each time after
resolution of the comments received.
This direct final rule is solely an administrative simplification
that would make no substantive change in HHS policy or procedures for
drug-free workplace. We therefore believe that the rule is
noncontroversial and do not expect to receive adverse comments,
although we are inviting comments on any unintended substantive change
this rule makes.
Accordingly, we find that the solicitation of public comments on
this direct final rule is unnecessary and that ``good cause'' exists
under 5 U.S.C. 553(b)(B) and 553(d) to make this rule
[[Page 58190]]
effective on January 11, 2010 without further action, unless we receive
adverse comment by December 14, 2009. If any comment on unintended
changes is received, it will be considered and, if warranted, we will
publish a timely revision of the rule.
Executive Order 12866
OMB has determined this rule to be not significant for purposes of
E.O. 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This proposed regulatory action will not have a significant adverse
impact on a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This proposed regulatory action does not contain a Federal mandate
that will result in the expenditure by State, local, and tribal
governments, in aggregate, or by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Federalism (Executive Order 13132)
This proposed regulatory action does not have Federalism
implications, as set forth in Executive Order 13132. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
List of Subjects
2 CFR Part 382
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
45 CFR Part 82
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
Dated: November 2, 2009.
Kathleen Sebelius,
Secretary, Department of Health and Human Services.
0
Accordingly, for the reasons set forth in the preamble, and under the
authority of 5 U.S.C. 301, HHS amends the Code of Federal Regulations,
Title 2, Subtitle B, chapter III, and Title 45 CFR, chapter I, part 82,
as follows:
Title 2--Grants and Agreements
0
1. Add part 382 in Subtitle B, Chapter III, to read as follows:
Sec.
PART 382--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
382.10 What does this part do?
382.20 Does this part apply to me?
382.30 What policies and procedures must I follow?
Subpart A--[Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
Sec. 382.225 Whom in HHS does a recipient other than an individual
notify about a criminal drug conviction?
Subpart C--Requirements for Recipients Who Are Individuals
Sec. 382.300 Whom in HHS does a recipient who is an individual notify
about a criminal drug conviction?
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 382.400 What method do I use as an agency awarding official to
obtain a recipient's agreement to comply with the OMB guidance?
Subpart E--Violations of This Part and Consequences
Sec. 382.500 Who in HHS determines that a recipient other than an
individual violated the requirements of this part?
Sec. 382.505 Who in HHS determines that a recipient who is an
individual violated the requirements of this part?
Subpart F--[Reserved]
Authority: 41 U.S.C. 701-707.
Sec. 382.10 What does this part do?
This part requires that the award and administration of HHS grants
and cooperative agreements comply with Office of Management and Budget
(OMB) guidance implementing the portion of the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701-707, as amended, hereafter referred to as ``the
Act'') that applies to grants. It thereby--
(a) Gives regulatory effect to the OMB guidance (Subparts A through
F of 2 CFR part 182) for the HHS grants and cooperative agreements; and
(b) Establishes HHS policies and procedures for compliance with the
Act that are the same as those of other Federal agencies, in
conformance with the requirement in 41 U.S.C. 705 for Governmentwide
implementing regulations.
Sec. 382.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB
guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR
182.115(b)) apply to you if you are a--
(a) Recipient of an HHS grant or cooperative agreement; or
(b) HHS awarding official.
Sec. 382.30 What policies and procedures must I follow?
(a) General. You must follow the policies and procedures specified
in applicable sections of the OMB guidance in Subparts A through F of 2
CFR part 182, as implemented by this part.
(b) Specific sections of OMB guidance that this part supplements.
In implementing the OMB guidance in 2 CFR part 182, this part
supplements four sections of the guidance, as shown in the following
table. For each of those sections, you must follow the policies and
procedures in the OMB guidance, as supplemented by this part.
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Section in this part
Section of OMB guidance where supplemented What the supplementation clarifies
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(1) 2 CFR 182.225(a)................. Sec. 382.225......... Whom in HHS a recipient other than an individual
must notify if an employee is convicted for a
violation of a criminal drug statute in the
workplace.
(2) 2 CFR 182.300(b)................. Sec. 382.300......... Whom in HHS a recipient who is an individual
must notify if he or she is convicted of a
criminal drug offense resulting from a
violation occurring during the conduct of any
award activity.
(3) 2 CFR 182.500.................... Sec. 382.500......... Who in HHS is authorized to determine that a
recipient other than an individual is in
violation of the requirements of 2 CFR part
182, as implemented by this part.
[[Page 58191]]
(4) 2 CFR 182.505.................... Sec. 382.505......... Who in HHS is authorized to determine that a
recipient who is an individual is in violation
of the requirements of 2 CFR part 182, as
implemented by this part.
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(c) Sections of the OMB guidance that this part does not
supplement. For any section of OMB guidance in Subparts A through F of
2 CFR part 182 that is not listed in paragraph (b) of this section, HHS
policies and procedures are the same as those in the OMB guidance.
Subpart A--[Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
Sec. 382.225 Whom in HHS does a recipient other than an individual
notify about a criminal conviction?
A recipient other than an individual that is required under 2 CFR
182.225(a) to notify Federal agencies about an employee's conviction
for a criminal drug offense must notify each HHS office from which it
currently has an award.
Subpart C--Requirements for Recipients Who Are Individuals
Sec. 382.300 Whom in HHS does a recipient who is an individual notify
about a criminal drug conviction?
A recipient who is an individual and is required under 2 CFR
182.300(b) to notify Federal agencies about a conviction for a criminal
drug offense must notify each HHS office from which it currently has an
award.
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 382.400 What method do I use as an agency awarding official to
obtain a recipient's agreement to comply with the OMB guidance?
To obtain a recipient's agreement to comply with applicable
requirements in the OMB guidance at 2 CFR part 182, you must include
the following term or condition in the award:
Drug-free workplace. You as the recipient must comply with drug-
free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of part 382, which adopts the
Governmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the
Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D;
41 U.S.C. 701-707).
Subpart E--Violations of This Part and Consequences
Sec. 382.500 Who in HHS determines that a recipient other than an
individual violated the requirements of this part?
The agency head is the official authorized to make the
determination under 2 CFR 182.500.
Sec. 382.505 Who in HHS determines that a recipient who is an
individual violated the requirements of this part?
The agency head is the official authorized to make the
determination under 2 CFR 182.505.
Subpart F--(Reserved)
Title 45--Public Welfare
CHAPTER I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 82--[REMOVED]
0
2. Under the authority of 5 U.S.C. 301, remove part 82.
[FR Doc. E9-27024 Filed 11-10-09; 8:45 am]
BILLING CODE 4151-AE-P
