[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]



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 Rules and Regulations
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  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, [email protected], 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