Implementation of OMB Guidance on Drug-Free Workplace Requirements, 3699-3701 [2016-01078]
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3699
Rules and Regulations
Federal Register
Vol. 81, No. 14
Friday, January 22, 2016
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 COMMERCE
Office of the Secretary
2 CFR Part 1329
15 CFR Part 29
[Docket No. 0907271171–6029–03]
RIN 0605–AA43
Implementation of OMB Guidance on
Drug-Free Workplace Requirements
U.S. Department of Commerce.
Final rule.
AGENCY:
ACTION:
The U.S. Department of
Commerce (Commerce) is removing its
regulation implementing the prior
government-wide common rule on drugfree workplace requirements for
financial assistance, and issuing a new
regulation to adopt updated Office of
Management and Budget (OMB)
guidance on the topic. This action
implements OMB’s initiative to
streamline and consolidate into one title
of the Code of Federal Regulations (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
Commerce’s policy or procedures for
drug-free workplace.
DATES: This rule will be effective on
February 22, 2016.
FOR FURTHER INFORMATION CONTACT: Gary
Johnson, Gjohnso3@doc.gov, 202 482–
1679.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The Drug-Free Workplace Act of 1988,
Public Law 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. Subsequent to its
enactment, Federal agencies issued a
common interim final rule to implement
VerDate Sep<11>2014
16:27 Jan 21, 2016
Jkt 238001
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
common rule was updated in 2003, to,
among other things, account for changes
in circumstances and to ensure the rule
was written in plain language. (68 FR
66534, November 26, 2003).
In 2004, OMB established Title 2 of
the CFR as the new central location for
OMB guidance and agencyimplementing regulations concerning
grants and agreements (69 FR 26276,
May 11, 2004). In conjunction with that
action, 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
finalized (74 FR 28149, June 15, 2009)
government-wide guidance for 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.
On May 25, 2010, Commerce
proposed new regulations to implement
OMB’s guidelines on drug-free
workplace requirements (75 FR 29215).
Specifically, Commerce proposed to
take two regulatory actions: (1)
Removing its drug-free workplace
common rule from 15 CFR part 29; and
(2) replacing the common rule with a
regulation at 2 CFR part 1329 adopting
OMB’s government-wide policies and
procedures for a drug-free workplace.
Commerce proposed, and this final rule
enacts, no substantive change to either
the Department’s or the Government’s
policies on a drug-free workplace, but
instead merely moves the location of the
policy in the Code of Federal
Regulations from one part to another.
Commerce received no comments on
this proposed rulemaking, and now is
PO 00000
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Fmt 4700
Sfmt 4700
making that proposed action final.
There are no changes from the proposed
rule, which is adopted in final form as
it was proposed.
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))
Pursuant to section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)), at the proposed rule stage, the
Chief Counsel for Regulation certified to
the Chief Counsel for Advocacy at the
Small Business Administration that this
rule will not have a significant
economic impact on a substantial
number of small entities. No comments
were received in response to the
proposed rule. Accordingly, no
regulatory flexibility analysis was
required, and none was prepared.
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 does 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 does 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 1329
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
15 CFR Part 29
Administrative practice and
procedure, Drug abuse, Grant programs,
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3700
Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
Subpart C—Requirements for Recipients
Who Are Individuals
1329.300 Whom in the Department of
Commerce does a recipient who is an
individual notify about a criminal drug
conviction?
Reporting and recordkeeping
requirements.
Issued this 14th day of January 2016 at
Washington, DC.
Barry E. Berkowitz,
Director for Acquisition Management and
Procurement Executive.
Accordingly, for the reasons set forth
in the preamble, and under the
authority of 5 U.S.C. 301 and 41
U.S.C.701 et seq., the U. S. Department
of Commerce proposes to add 2 CFR
part 1329 and remove 15 CFR part 29 as
follows:
Title 2—Grants and Agreements
PART 1329—REQUIREMENTS FOR
DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
1. Add Part 1329 in Subtitle B,
Chapter XIII, to read as follows:
■
Subpart D—Responsibilities of Agency
Awarding Officials
1329.400 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
1329.500 Who in the Department of
Commerce determines that a recipient
other than an individual violated the
requirements of this part?
1329.505 Who in the Department of
Commerce determines that a recipient
who is an individual violated the
requirements of this part?
Subpart F—Definitions [Reserved]
PART 1329—REQUIREMENTS FOR
DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
Authority: 5 U.S.C. 301; 41 U.S.C. 701–
707.
Sec.
1329.10 What does this part do?
1329.20 Does this part apply to me?
1329.30 What policies and procedures must
I follow?
This part requires that the award and
administration of Department of
Commerce 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 Department of
§ 1329.10
Subpart A—Purpose and Coverage
[Reserved]
Subpart B—Requirements for Recipients
Other Than Individuals
1329.225 Whom in the Department of
Commerce does a recipient other than an
individual notify about a criminal drug
conviction?
Section of OMB
guidance
Section in this
part where
supplemented
§ 1329.225
(2) 2 CFR 182.300(b)
§ 1329.300
(3) 2 CFR 182.500 ....
§ 1329.500
(4) 2 CFR 182.505 ....
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(1) 2 CFR 182.225(a)
§ 1329.505
Subpart A—Purpose and Coverage
[Reserved]
16:27 Jan 21, 2016
Jkt 238001
§ 1329.20
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 Department of
Commerce grant or cooperative
agreement; or
(b) Department of Commerce
awarding official.
§ 1329.30 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
Whom in the Department of Commerce 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 the Department of Commerce 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 Department of Commerce 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 Department of Commerce 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,
Department of Commerce policies and
procedures are the same as those in the
OMB guidance.
VerDate Sep<11>2014
What does this part do?
Commerce’s grants and cooperative
agreements; and
(b) Establishes Department of
Commerce 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.
Subpart B—Requirements for
Recipients Other Than Individuals
Subpart C—Requirements for
Recipients Who Are Individuals
§ 1329.225 Whom in the Department of
Commerce does a recipient other than an
individual notify about a criminal drug
conviction?
§ 1329.300 Whom in the Department of
Commerce does a recipient who is 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 each
Department of Commerce office from
which it currently has an award.
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 Department of
Commerce office from which it
currently has an award.
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
Subpart D—Responsibilities of Agency
Awarding Officials
§ 1329.400 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 2
CFR part 1329, which adopts the
Govemmentwide 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
§ 1329.500 Who in the Department of
Commerce determines that a recipient other
than an individual violated the requirements
of this part?
The Secretary of Commerce or
designee determines that a recipient
other than an individual violated the
requirements of this part.
§ 1329.505 Who in the Department of
Commerce determines that a recipient who
is an individual violated the requirements of
this part?
The Secretary of Commerce or
designee determines that a recipient
who is an individual violated the
requirements of this part.
Subpart F—Definitions [Reserved]
Title 15—Commerce and Foreign Trade
PART 29—[REMOVED AND
RESERVED]
■
2. Remove and reserve part 29.
[FR Doc. 2016–01078 Filed 1–21–16; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
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7 CFR Part 301
[Docket No. APHIS–2015–0079]
Black Stem Rust; Additions of RustResistant Species and Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Direct final rule.
AGENCY:
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16:27 Jan 21, 2016
Jkt 238001
We are amending the black
stem rust quarantine and regulations by
adding nine varieties to the list of rustresistant Berberis species and varieties.
This action will allow for the interstate
movement of these newly developed
varieties without unnecessary
restrictions.
DATES: This rule will be effective on
March 22, 2016, unless we receive
written adverse comments or written
notice of intent to submit adverse
comments on or before February 22,
2016. If we receive written adverse
comments or written notice of intent to
submit adverse comments, we will
publish a document in the Federal
Register withdrawing this rule before
the effective date.
ADDRESSES: You may submit comments
or written notice of intent to submit
adverse comments by either of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2015-0079.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2015–0079, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2015-0079 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Mr.
Randolph Cadet, National Policy
Manager, Black Stem Rust, Pest
Management, PHP, PPQ, APHIS, 4700
River Road, Unit 26, Riverdale, MD
20737–1231; (301) 851–2094.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Black stem rust is one of the most
destructive plant diseases of small
grains that is known to exist in the
United States. The disease is caused by
a fungus (Puccinia graminis) that
reduces the quality and yield of infected
wheat, oat, barley, and rye crops. In
addition to infecting small grains, the
fungus lives on a variety of alternate
host plants that are species of the genera
Berberis, Mahoberberis, and Mahonia.
The fungus is spread from host to host
by windborne spores.
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3701
The black stem rust quarantine and
regulations, which are contained in 7
CFR 301.38 through 301.38–8 (referred
to below as the regulations), quarantine
the conterminous 48 States and the
District of Columbia and govern the
interstate movement of certain plants of
the genera Berberis, Mahoberberis, and
Mahonia, known as barberry plants. The
species of these plants are categorized as
either rust-resistant or rust-susceptible.
Rust-resistant plants do not pose a risk
of spreading black stem rust or of
contributing to the development of new
races of the rust; rust-susceptible plants
do pose such risks. Section 301.38–2 of
the regulations includes a listing of
regulated articles and indicates those
species and varieties of the genera
Berberis, Mahoberberis, and Mahonia
that are known to be rust-resistant.
Although rust-resistant species are
included as regulated articles, they may
be moved into or through protected
areas if accompanied by a certificate. In
accordance with the procedures
described below under ‘‘Dates,’’ this
direct final rule will add the following
B. thunbergii varieties to the list of rustresistant Berberis species in § 301.38–
2(a)(1):
• B. thunbergii ‘BailAnna’ Moscato;
• B. thunbergii ‘BailElla’ Lambrusco;
• B. thunbergii ‘Daybreak’;
• B. thunbergii ‘BailErin’ Limoncello;
• B. thunbergii ‘BailJulia’ Toscana;
• B. thunbergii ‘NCBT1’;
• B. thunbergii x calliantha ‘NCBX3’;
• B. thunbergii x media ‘NCBX1’; and
• B. thunbergii x media ‘NCBX2’.
The addition of these species is based
on recent testing to determine rust
resistance conducted by the Agricultural
Research Service of the United States
Department of Agriculture (USDA) at its
Cereal Disease Laboratory in St. Paul,
MN. The testing is performed in the
following manner: In a greenhouse, the
suspect plant or test subject is placed
under a screen with a control plant—a
known rust-susceptible species of
Berberis, Mahoberberis, or Mahonia.
Infected wheat stems, a primary host of
black stem rust, are placed on top of the
screen. The plants are moistened and
maintained in 100 percent humidity.
This causes the spores to swell and fall
on the plants lying under the screen.
The plants are then observed for 7 days
at 20–80 percent relative humidity. If
the rust-susceptible plant shows signs of
infection after 7 days and the test plants
do not, the test results indicate that the
test plants are rust-resistant. This test
must be performed 12 times, and all 12
tests must yield the same result before
USDA can make a determination as to
whether the test plants are rustresistant. The test may be conducted on
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]]>Agencies
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Rules and Regulations]
[Pages 3699-3701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01078]
========================================================================
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. 81, No. 14 / Friday, January 22, 2016 / Rules
and Regulations
[[Page 3699]]
DEPARTMENT OF COMMERCE
Office of the Secretary
2 CFR Part 1329
15 CFR Part 29
[Docket No. 0907271171-6029-03]
RIN 0605-AA43
Implementation of OMB Guidance on Drug-Free Workplace
Requirements
AGENCY: U.S. Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Commerce (Commerce) is removing its
regulation implementing the prior government-wide common rule on drug-
free workplace requirements for financial assistance, and issuing a new
regulation to adopt updated Office of Management and Budget (OMB)
guidance on the topic. This action implements OMB's initiative to
streamline and consolidate into one title of the Code of Federal
Regulations (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
Commerce's policy or procedures for drug-free workplace.
DATES: This rule will be effective on February 22, 2016.
FOR FURTHER INFORMATION CONTACT: Gary Johnson, Gjohnso3@doc.gov, 202
482-1679.
SUPPLEMENTARY INFORMATION:
Background
The Drug-Free Workplace Act of 1988, Public Law 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. Subsequent to its enactment,
Federal agencies issued a common interim final 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
common rule was updated in 2003, to, among other things, account for
changes in circumstances and to ensure the rule was written in plain
language. (68 FR 66534, November 26, 2003).
In 2004, OMB 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). In
conjunction with that action, 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 finalized (74 FR 28149, June
15, 2009) government-wide guidance for 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.
On May 25, 2010, Commerce proposed new regulations to implement
OMB's guidelines on drug-free workplace requirements (75 FR 29215).
Specifically, Commerce proposed to take two regulatory actions: (1)
Removing its drug-free workplace common rule from 15 CFR part 29; and
(2) replacing the common rule with a regulation at 2 CFR part 1329
adopting OMB's government-wide policies and procedures for a drug-free
workplace. Commerce proposed, and this final rule enacts, no
substantive change to either the Department's or the Government's
policies on a drug-free workplace, but instead merely moves the
location of the policy in the Code of Federal Regulations from one part
to another.
Commerce received no comments on this proposed rulemaking, and now
is making that proposed action final. There are no changes from the
proposed rule, which is adopted in final form as it was proposed.
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))
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), at the proposed rule stage, the Chief Counsel for
Regulation certified to the Chief Counsel for Advocacy at the Small
Business Administration that this rule will not have a significant
economic impact on a substantial number of small entities. No comments
were received in response to the proposed rule. Accordingly, no
regulatory flexibility analysis was required, and none was prepared.
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 does 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 does 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 1329
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
15 CFR Part 29
Administrative practice and procedure, Drug abuse, Grant programs,
[[Page 3700]]
Reporting and recordkeeping requirements.
Issued this 14th day of January 2016 at Washington, DC.
Barry E. Berkowitz,
Director for Acquisition Management and Procurement Executive.
Accordingly, for the reasons set forth in the preamble, and under
the authority of 5 U.S.C. 301 and 41 U.S.C.701 et seq., the U. S.
Department of Commerce proposes to add 2 CFR part 1329 and remove 15
CFR part 29 as follows:
Title 2--Grants and Agreements
PART 1329--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)
0
1. Add Part 1329 in Subtitle B, Chapter XIII, to read as follows:
PART 1329--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)
Sec.
1329.10 What does this part do?
1329.20 Does this part apply to me?
1329.30 What policies and procedures must I follow?
Subpart A--Purpose and Coverage [Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
1329.225 Whom in the Department of Commerce does a recipient other
than an individual notify about a criminal drug conviction?
Subpart C--Requirements for Recipients Who Are Individuals
1329.300 Whom in the Department of Commerce does a recipient who is
an individual notify about a criminal drug conviction?
Subpart D--Responsibilities of Agency Awarding Officials
1329.400 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
1329.500 Who in the Department of Commerce determines that a
recipient other than an individual violated the requirements of this
part?
1329.505 Who in the Department of Commerce determines that a
recipient who is an individual violated the requirements of this
part?
Subpart F--Definitions [Reserved]
Authority: 5 U.S.C. 301; 41 U.S.C. 701-707.
Sec. 1329.10 What does this part do?
This part requires that the award and administration of Department
of Commerce 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 Department of Commerce's grants and
cooperative agreements; and
(b) Establishes Department of Commerce 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. 1329.20 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 Department of Commerce grant or cooperative
agreement; or
(b) Department of Commerce awarding official.
Sec. 1329.30 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 part What the supplementation
Section of OMB guidance where clarifies
supplemented
------------------------------------------------------------------------
(1) 2 CFR 182.225(a).......... Sec. Whom in the Department
1329.225 of Commerce 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. Whom in the Department
1329.300 of Commerce 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. Who in the Department of
1329.500 Commerce 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. Who in the Department of
1329.505 Commerce 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,
Department of Commerce 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. 1329.225 Whom in the Department of Commerce 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 each Department of Commerce
office from which it currently has an award.
Subpart C--Requirements for Recipients Who Are Individuals
Sec. 1329.300 Whom in the Department of Commerce 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 Department of Commerce office from which
it currently has an award.
[[Page 3701]]
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 1329.400 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 2 CFR
part 1329, which adopts the Govemmentwide 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. 1329.500 Who in the Department of Commerce determines that a
recipient other than an individual violated the requirements of this
part?
The Secretary of Commerce or designee determines that a recipient
other than an individual violated the requirements of this part.
Sec. 1329.505 Who in the Department of Commerce determines that a
recipient who is an individual violated the requirements of this part?
The Secretary of Commerce or designee determines that a recipient
who is an individual violated the requirements of this part.
Subpart F--Definitions [Reserved]
Title 15--Commerce and Foreign Trade
PART 29--[REMOVED AND RESERVED]
0
2. Remove and reserve part 29.
[FR Doc. 2016-01078 Filed 1-21-16; 8:45 am]
BILLING CODE 3510-DT-P
