[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]



 ========================================================================
 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 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
----------------------------------------------------------------------------------------------------------------
(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