Implementation of OMB Guidance on Drug-Free Workplace Requirements, 22205-22207 [2010-8989]
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22205
Rules and Regulations
Federal Register
Vol. 75, No. 81
Wednesday, April 28, 2010
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.
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
2 CFR Part 2245
45 CFR Part 2545
RIN 3045–AA53
(1) Electronically through the Federal
government’s one-stop rulemaking Web
site at https://www.regulations.gov.
(2) By mail sent to: Irshad AbdalHaqq, Office of the General Counsel,
Corporation for National and
Community Service, 1201 New York
Ave. NW., Room 10609, Washington,
DC 20525
(3) By hand delivery or by courier to
the Corporation’s mailroom at Room
8100 using the name and mailing
address in paragraph (2) above, between
9 a.m. and 4 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Irshad Abdal-Haqq at 202–606–6675, or
by e-mail at iabdal-haqq@cns.gov.
SUPPLEMENTARY INFORMATION:
Background
Implementation of OMB Guidance on
Drug-Free Workplace Requirements
sroberts on DSKD5P82C1PROD with RULES
AGENCY: Corporation for National and
Community Service.
ACTION: Final rule.
SUMMARY: The Corporation for National
and Community Service (CNCS or the
Corporation) is removing its regulation
implementing the Government-wide
common rule on drug-free workplace
requirements for financial assistance,
currently located within part 2545 of
title 45 of the Code of Federal
Regulations (CFR), and issuing a new
regulation to adopt the Office of
Management and Budget (OMB)
guidance at 2 CFR part 182. 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 the
Corporation’s policy or procedures for
drug-free workplace.
DATES: This final rule is effective on
June 28, 2010 without further action.
Submit comments by May 28, 2010 on
any unintended changes this action
makes in the Corporation’s policies and
procedures for drug-free workplace. All
comments on unintended changes will
be considered and, if warranted, the
Corporation will revise the rule.
ADDRESSES: You may submit comments,
identified by the title of this rulemaking,
by either of the following methods:
VerDate Mar<15>2010
16:00 Apr 27, 2010
Jkt 220001
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 Government-wide
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].
The agencies proposed an update to
the drug-free workplace common rule in
2002 [67 FR 3266, January 23, 2002] and
finalized it in 2003 [68 FR 66534,
November 26, 2003]. At that time, the
updated common rule was redrafted in
plain language and each agency
relocated the drug-free workplace
coverage to its own CFR part and
removed it from the subpart in the
suspension and debarment common
rule. Based on an amendment to the
drug-free workplace requirements in 41
U.S.C. 702 [Pub. L. 105–85, div. A, title
VIII, Sec. 809, Nov. 18, 1997, 111 Stat.
1838], the update also allowed multiple
enforcement options from which
agencies could select, rather than
requiring use of a certification in all
cases.
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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]
Government-wide 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 Government-wide
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 collocates OMB’s guidance and all of
the agencies’ implementing regulations
in 2 CFR.
The Current Regulatory Actions
As the OMB guidance requires, the
Corporation is taking two regulatory
actions. First, we are removing the drugfree workplace common rule from 45
CFR part 2545. Second, to replace the
common rule, we are issuing a brief
regulation in 2 CFR part 2245 to adopt
the Government-wide 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 change 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 2545.
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
E:\FR\FM\28APR1.SGM
28APR1
22206
Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations
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 the
Corporation 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
effective on June 28, 2010 without
further action, unless we receive
adverse comment by May 28, 2010. 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 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 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.
sroberts on DSKD5P82C1PROD with RULES
Federalism (Executive Order 13132)
This regulatory action does not have
Federalism implications, as set forth in
Executive Order 13132. It will not have
Section of OMB
guidance
16:00 Apr 27, 2010
2 CFR Part 2245
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
45 CFR Part 2545
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
■ Accordingly, for the reasons set forth
in the preamble, and under the
authority of 5 U.S.C. 301 and 42 U.S.C.
12561c(c), the Corporation amends the
Code of Federal Regulations, Title 2,
subtitle B, chapter XXII, and Title 45,
chapter XXV, part 2545, as follows:
Title 2—Grants and Agreements
1. Add part 2245 in Subtitle B,
Chapter XXII, to read as follows:
■
PART 2245—REQUIREMENTS FOR
DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
Sec.
2245.10 What does this part do?
2245.20 Does this part apply to me?
2245.30 What policies and procedures must
I follow?
Subpart A—[Reserved]
Subpart B—Requirements for Recipients
Other Than Individuals
2245.225 Whom in the Corporation does a
recipient other than an individual notify
about a criminal drug conviction?
Subpart C—Requirements for Recipients
Who Are Individuals
2245.300 Whom in the Corporation does a
recipient who is an individual notify
about a criminal drug conviction?
Subpart D—Responsibilities of Agency
Awarding Officials
2245.400 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
2245.500 Who in the Corporation
determines that a recipient other than an
Authority: 41 U.S.C. 701–707; 42 U.S.C.
12644.
§ 2245.10
What does this part do?
This part requires that the award and
administration of the Corporation’s
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 Corporation’s
grants and cooperative agreements; and
(b) Establishes the Corporation’s
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 Government-wide
implementing regulations.
§ 2245.20
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 a Corporation grant or
cooperative agreement; or
(b) A Corporation awarding official.
§ 2245.30 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.
What the supplementation clarifies
§ 2245.225
Jkt 220001
individual violated the requirements of
this part?
2245.505 Who in the Corporation
determines that a recipient who is an
individual violated the requirements of
this part?
Subpart F—[Reserved]
List of Subjects
Section in this
part where
supplemented
(1) 2 CFR 182.225(a) ....
VerDate Mar<15>2010
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.
Whom in the Corporation a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace.
PO 00000
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Fmt 4700
Sfmt 4700
E:\FR\FM\28APR1.SGM
28APR1
Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations
Section of OMB
guidance
Section in this
part where
supplemented
What the supplementation clarifies
(2) 2 CFR 182.300(b) ....
§ 2245.300
(3) 2 CFR 182.500 ........
§ 2245.500
(4) 2 CFR 182.505 ........
§ 2245.505
(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,
the Corporation’s policies and
procedures are the same as those in the
OMB guidance.
Subpart A—Purpose and Coverage
[Reserved]
Whom in the Corporation 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 the Corporation 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.
Who in the Corporation 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.
(Pub. L. 100–690, Title V, Subtitle D; 41
U.S.C. 701–707).
Subpart E—Violations of This Part and
Consequences
§ 2245.500 Who in the Corporation
determines that a recipient other than an
individual violated the requirements of this
part?
The Corporation’s Chief Executive
Officer or designee is authorized to
make the determination under 2 CFR
182.500.
Subpart B—Requirements for
Recipients Other Than Individuals
§ 2245.225 Whom in the Corporation does
a recipient other than an individual notify
about a criminal drug conviction?
§ 2245.505 Who in the Corporation
determines that a recipient who is an
individual violated the requirements of this
part?
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 the
Corporation’s awarding official or other
designee.
The Corporation’s Chief Executive
Officer or designee is authorized to
make the determination under 2 CFR
182.500.
Subpart C—Requirements for
Recipients Who Are Individuals
Chapter XXV—Corporation for National and
Community Service
§ 2245.300 Whom in the Corporation does
a recipient who is an individual notify about
a criminal drug conviction?
PART 2545—[REMOVED]
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 the Corporation’s awarding
official or other designee.
Subpart F—[Reserved]
Title 45—Public Welfare
2. Under the authority of 5 U.S.C. 301,
and 42 U.S.C. 12651c(c), remove part
2545.
■
Dated: April 14, 2010.
Frank R. Trinity,
General Counsel.
[FR Doc. 2010–8989 Filed 4–27–10; 8:45 am]
BILLING CODE 6050–$$–P
sroberts on DSKD5P82C1PROD with RULES
§ 2245.400 What method do I use as an
Agency Awarding Official to obtain a
recipient’s agreement to comply with the
OMB guidance?
DEPARTMENT OF AGRICULTURE
To obtain a recipient’s agreement to
comply with applicable requirements in
the OMB guidance at 2 CFR part 182,
you must obtain each recipient’s
agreement, as a condition of the award,
to comply with the requirements in
subpart B (or subpart C, if the recipient
is an individual) of 2245, which adopts
the Government-wide implementation
(2 CFR part 182) of sec. 5152–5158 of
the Drug-Free Workplace Act of 1988
7 CFR Part 319
16:00 Apr 27, 2010
Jkt 220001
Animal and Plant Health Inspection
Service
[Docket No. APHIS-2008-0050]
RIN 0579-AC95
Importation of Papayas From Colombia
and Ecuador
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
SUMMARY: We are amending the fruits
and vegetables regulations to allow,
under certain conditions, the
importation of commercial shipments of
fresh papayas from Colombia and
Ecuador into the continental United
States. The conditions for the
importation of papayas from Colombia
and Ecuador include requirements for
field sanitation, hot water treatment,
and fruit fly trapping in papaya
production areas. This action allows for
the importation of papayas from
Colombia and Ecuador while continuing
to provide protection against the
introduction of injurious plant pests
into the continental United States.
DATES: Effective Date: May 28, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothy C. Wayson, Regulatory
Coordination Specialist, Regulatory
Coordination and Compliance, PPQ,
APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737-1231; (301) 7340772.
SUPPLEMENTARY INFORMATION:
Background
Subpart D—Responsibilities of Agency
Awarding Officials
VerDate Mar<15>2010
22207
Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56
through 319.56-50, referred to below as
the regulations), the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
(USDA) prohibits or restricts the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent plant pests from
being introduced into and spread within
the United States.
On April 21, 2009, we published in
the Federal Register (74 FR 1816118166, Docket No. APHIS-2008-0050) a
proposal1 to amend the regulations in
§ 319.56-25 to allow the importation of
commercial consignments of fresh
papayas from Colombia and Ecuador
subject to a systems approach. Section
319.56-25 currently sets out conditions
for the importation of papayas from
Central America and Brazil; we
1 To view the proposed rule and the comments
we received, go to (https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0050).
E:\FR\FM\28APR1.SGM
28APR1
]]>Agencies
[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Rules and Regulations]
[Pages 22205-22207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8989]
========================================================================
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. 75, No. 81 / Wednesday, April 28, 2010 /
Rules and Regulations
[[Page 22205]]
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
2 CFR Part 2245
45 CFR Part 2545
RIN 3045-AA53
Implementation of OMB Guidance on Drug-Free Workplace
Requirements
AGENCY: Corporation for National and Community Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS or
the Corporation) is removing its regulation implementing the
Government-wide common rule on drug-free workplace requirements for
financial assistance, currently located within part 2545 of title 45 of
the Code of Federal Regulations (CFR), and issuing a new regulation to
adopt the Office of Management and Budget (OMB) guidance at 2 CFR part
182. 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 the Corporation's policy or
procedures for drug-free workplace.
DATES: This final rule is effective on June 28, 2010 without further
action. Submit comments by May 28, 2010 on any unintended changes this
action makes in the Corporation's policies and procedures for drug-free
workplace. All comments on unintended changes will be considered and,
if warranted, the Corporation will revise the rule.
ADDRESSES: You may submit comments, identified by the title of this
rulemaking, by either of the following methods:
(1) Electronically through the Federal government's one-stop
rulemaking Web site at https://www.regulations.gov.
(2) By mail sent to: Irshad Abdal-Haqq, Office of the General
Counsel, Corporation for National and Community Service, 1201 New York
Ave. NW., Room 10609, Washington, DC 20525
(3) By hand delivery or by courier to the Corporation's mailroom at
Room 8100 using the name and mailing address in paragraph (2) above,
between 9 a.m. and 4 p.m., Monday through Friday, except on Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Irshad Abdal-Haqq at 202-606-6675, or
by e-mail at iabdal-haqq@cns.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
Government-wide 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].
The agencies proposed an update to the drug-free workplace common
rule in 2002 [67 FR 3266, January 23, 2002] and finalized it in 2003
[68 FR 66534, November 26, 2003]. At that time, the updated common rule
was redrafted in plain language and each agency relocated the drug-free
workplace coverage to its own CFR part and removed it from the subpart
in the suspension and debarment common rule. Based on an amendment to
the drug-free workplace requirements in 41 U.S.C. 702 [Pub. L. 105-85,
div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat. 1838], the
update also allowed multiple enforcement options from which agencies
could select, rather than requiring use of a certification in all
cases.
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]
Government-wide 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]
Government-wide 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 Government-wide 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 collocates OMB's guidance and all of the agencies' implementing
regulations in 2 CFR.
The Current Regulatory Actions
As the OMB guidance requires, the Corporation is taking two
regulatory actions. First, we are removing the drug-free workplace
common rule from 45 CFR part 2545. Second, to replace the common rule,
we are issuing a brief regulation in 2 CFR part 2245 to adopt the
Government-wide 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 change 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 2545.
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
[[Page 22206]]
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 the Corporation 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 effective on June
28, 2010 without further action, unless we receive adverse comment by
May 28, 2010. 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 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 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 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 2245
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
45 CFR Part 2545
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
0
Accordingly, for the reasons set forth in the preamble, and under the
authority of 5 U.S.C. 301 and 42 U.S.C. 12561c(c), the Corporation
amends the Code of Federal Regulations, Title 2, subtitle B, chapter
XXII, and Title 45, chapter XXV, part 2545, as follows:
Title 2--Grants and Agreements
0
1. Add part 2245 in Subtitle B, Chapter XXII, to read as follows:
PART 2245--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)
Sec.
2245.10 What does this part do?
2245.20 Does this part apply to me?
2245.30 What policies and procedures must I follow?
Subpart A--[Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
2245.225 Whom in the Corporation does a recipient other than an
individual notify about a criminal drug conviction?
Subpart C--Requirements for Recipients Who Are Individuals
2245.300 Whom in the Corporation does a recipient who is an
individual notify about a criminal drug conviction?
Subpart D--Responsibilities of Agency Awarding Officials
2245.400 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
2245.500 Who in the Corporation determines that a recipient other
than an individual violated the requirements of this part?
2245.505 Who in the Corporation determines that a recipient who is
an individual violated the requirements of this part?
Subpart F--[Reserved]
Authority: 41 U.S.C. 701-707; 42 U.S.C. 12644.
Sec. 2245.10 What does this part do?
This part requires that the award and administration of the
Corporation's 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 Corporation's grants and cooperative
agreements; and
(b) Establishes the Corporation's 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
Government-wide implementing regulations.
Sec. 2245.20 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 a Corporation grant or cooperative agreement; or
(b) A Corporation awarding official.
Sec. 2245.30 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.
----------------------------------------------------------------------------------------------------------------
Section in this
Section of OMB guidance part where What the supplementation clarifies
supplemented
----------------------------------------------------------------------------------------------------------------
(1) 2 CFR 182.225(a).................... Sec. 2245.225 Whom in the Corporation a recipient other than an
individual must notify if an employee is convicted
for a violation of a criminal drug statute in the
workplace.
[[Page 22207]]
(2) 2 CFR 182.300(b).................... Sec. 2245.300 Whom in the Corporation 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. 2245.500 Who in the Corporation 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.
(4) 2 CFR 182.505....................... Sec. 2245.505 Who in the Corporation 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, the
Corporation's policies and procedures are the same as those in the OMB
guidance.
Subpart A--Purpose and Coverage [Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
Sec. 2245.225 Whom in the Corporation does a recipient other than an
individual notify about a criminal drug 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 the Corporation's awarding
official or other designee.
Subpart C--Requirements for Recipients Who Are Individuals
Sec. 2245.300 Whom in the Corporation 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 the Corporation's awarding official or other
designee.
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 2245.400 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 obtain
each recipient's agreement, as a condition of the award, to comply with
the requirements in subpart B (or subpart C, if the recipient is an
individual) of 2245, which adopts the Government-wide 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. 2245.500 Who in the Corporation determines that a recipient
other than an individual violated the requirements of this part?
The Corporation's Chief Executive Officer or designee is authorized
to make the determination under 2 CFR 182.500.
Sec. 2245.505 Who in the Corporation determines that a recipient who
is an individual violated the requirements of this part?
The Corporation's Chief Executive Officer or designee is authorized
to make the determination under 2 CFR 182.500.
Subpart F--[Reserved]
Title 45--Public Welfare
Chapter XXV--Corporation for National and Community Service
PART 2545--[REMOVED]
0
2. Under the authority of 5 U.S.C. 301, and 42 U.S.C. 12651c(c), remove
part 2545.
Dated: April 14, 2010.
Frank R. Trinity,
General Counsel.
[FR Doc. 2010-8989 Filed 4-27-10; 8:45 am]
BILLING CODE 6050-$$-P
