[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Rules and Regulations]
[Pages 22205-22207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8989]
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Rules and Regulations
Federal Register
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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.
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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 http://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 [email protected].
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
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(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]
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