[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR17.605]



[Page 200-201]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 17_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 

GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table 

of Contents

 

           Subpart F_Drug-Free Workplace Requirements (Grants)

 

Sec. 17.605  Definitions.



    (a) Except as amended in this section, the definitions of Sec. 

17.105 apply to this subpart.

    (b) For purposes of this subpart--

    (1) Controlled substance means a controlled substance in schedules I 

through V of the Controlled Substances Act (21 U.S.C. 812), and as 

further defined by regulation at 21 CFR 1308.11 through 1308.15;

    (2) Conviction means a finding of guilt (including a plea of nolo 

contendere) or imposition of sentence, or both, by any judicial body 

charged with the responsibility to determine violations of the Federal 

or State criminal drug statutes;

    (3) Criminal drug statute means a Federal or non-Federal criminal 

statute involving the manufacture, distribution, dispensing, use, or 

possession of any controlled substance;

    (4) Drug-free workplace means a site for the performance of work 

done in connection with a specific grant at which employees of the 

grantee are prohibited from engaging in the unlawful manufacture, 

distribution, dispensing, possession, or use of a controlled substance;

    (5) Employee means the employee of a grantee directly engaged in the 

performance of work under the grant, including:

    (i) All ``direct charge'' employees;

    (ii) All ``indirect charge'' employees, unless their impact or 

involvement is insignificant to the performance of the grant; and,

    (iii) Temporary personnel and consultants who are directly engaged 

in the performance of work under the grant and who are on the grantee's 

payroll.



This definition does not include workers not on the payroll of the 

grantee (e.g., volunteers, even if used to meet a matching requirement; 

consultants or independent contractors not on the payroll; or employees 

of subrecipients or subcontractors in covered workplaces);



[[Page 201]]



    (6) Federal agency or agency means any United States executive 

department, military department, government corporation, government 

controlled corporation, any other establishment in the executive branch 

(including the Executive Office of the President), or any independent 

regulatory agency;

    (7) Grant means an award of financial assistance, including a 

cooperative agreement, in the form of money, or property in lieu of 

money, by a Federal agency directly to a grantee. The term grant 

includes block grant and entitlement grant programs, whether or not 

exempted from coverage under the grants management government-wide 

common rule on uniform administrative requirements for grants and 

cooperative agreements. The term does not include technical assistance 

that provides services instead of money, or other assistance in the form 

of loans, loan guarantees, interest subsidies, insurance, or direct 

appropriations; or any veterans' benefits to individuals, i.e., any 

benefit to veterans, their families, or survivors by virtue of the 

service of a veteran in the Armed Forces of the United States;

    (8) Grantee means a person who applies for or receives a grant 

directly from a Federal agency (except another Federal agency);

    (9) Individual means a natural person;

    (10) State means any of the States of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, any territory or 

possession of the United States, or any agency of a State, exclusive of 

institutions of higher education, hospitals, and units of local 

government. A State instrumentality will be considered part of the State 

government if it has a written determination from a State government 

that such State considers the instrumentality to be an agency of the 

State government.