80_FR_33267 80 FR 33155 - Implementation of OMB Guidance on Drug-Free Workplace Requirements

80 FR 33155 - Implementation of OMB Guidance on Drug-Free Workplace Requirements

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33155-33157
FR Document2015-14163

The National Endowment for the Arts (NEA) is adopting the Office of Management and Budget (OMB) guidance on drug-free workplace requirements for financial assistance. It is removing its regulation implementing the Governmentwide common rule and issuing a new regulation to adopt the OMB guidance. 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 regulatory actions constitute an administrative simplification that would make no substantive change in NEA's policy or procedures for drug-free workplace.

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33155-33157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14163]



========================================================================
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. 80, No. 112 / Thursday, June 11, 2015 / Rules 
and Regulations

[[Page 33155]]



NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

2 CFR Part 3256

45 CFR Part 1155

RIN 3135-AA24


Implementation of OMB Guidance on Drug-Free Workplace 
Requirements

AGENCY: National Endowment for the Arts.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Endowment for the Arts (NEA) is adopting the 
Office of Management and Budget (OMB) guidance on drug-free workplace 
requirements for financial assistance. It is removing its regulation 
implementing the Governmentwide common rule and issuing a new 
regulation to adopt the OMB guidance. 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 regulatory actions constitute an 
administrative simplification that would make no substantive change in 
NEA's policy or procedures for drug-free workplace.

DATES: This rule is effective on June 11, 2015.

FOR FURTHER INFORMATION CONTACT: Sarah Weingast, Assistant General 
Counsel, (202) 682-5796.

SUPPLEMENTARY INFORMATION: Please note that the proposed rule for this 
regulatory change, filed March 23, 2015, originally designated 2 CFR 
part 3255 for the Implementation of the OMB Guidance. No comments were 
received regarding the proposed rule during the 30 day comment period. 
This final rule, however has redesignated this Implementation of OMB 
Guidance to part 3256 so that the originally-designated part may be 
used for other regulations.

A. Background

    On November 18, 1988, Congress enacted the Drug-Free Workplace Act 
of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.) 
as a part of omnibus drug legislation. Federal agencies issued an 
interim final common rule to implement the Act as it applied to grants 
(53 FR 4946, January 31, 1989). The rule was a subpart of the 
Governmentwide 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). The updated common rule was redrafted 
in plain language and adopted as a separate part, independent from the 
common rule on nonprocurement suspension and debarment. 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) 
Governmentwide 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) 
Governmentwide 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 Governmentwide 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 locates OMB's guidance and all of the agencies' implementing 
regulations in 2 CFR.

B. The Current Regulatory Actions

    As the OMB guidance requires, the NEA is taking two regulatory 
actions. First, we are removing the drug-free workplace common rule 
from 45 CFR part 1155. Second, to replace the common rule, we are 
issuing a brief regulation in 2 CFR part 3256 to adopt the 
Governmentwide policies and procedures in the OMB guidance.
    Please note that the proposed rule for this regulatory change, 
filed March 23, 2015, originally designated 2 CFR part 3255 for the 
Implementation of the OMB Guidance. No comments were received regarding 
the proposed rule during the 30 day comment period. The final rule, 
however has redesignated this Implementation of OMB Guidance to part 
3256 so that the originally-designated part may be used for other 
regulations.

1. 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 did not seeking to revisit substantive issues that 
were resolved during the development of the final common rule in 2003. 
We invited 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 1155. No comments were received by the 
close of the thirty day comment period.

2. 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 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

[[Page 33156]]

rule in 2002, and a second time by OMB as guidance in 2008--and adopted 
each time after resolution of the comments received.
    This final rule is solely an administrative simplification that 
would make no substantive change in the NEA policy or procedures for 
drug-free workplace. We therefore believe that the rule is 
noncontroversial and did not expect to receive adverse comments, 
although we are invited comments on any unintended substantive change 
this rule makes. No comments were received by the close of the thirty-
day comment period and this rule becomes effective on June 11, 2015 
without further action.

3. Executive Order 12866

    OMB has determined this rule to be not significant for purposes of 
E.O. 12866.

4. 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.

5. 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.

6. 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.

7. 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 3256

    Administrative practice and procedure, Drug abuse, Grant programs, 
Reporting and recordkeeping requirements.

45 CFR Part 1155

    Administrative practice and procedure, Drug abuse, Grant programs, 
Loan programs, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the National Endowment for 
the Arts amends 2 CFR chapter XXXII and 45 CFR chapter XI as follows:

Title 2--Grants and Agreements

CHAPTER XXXII--NATIONAL ENDOWMENT FOR THE ARTS

0
1. In title 2, chapter XXXII, add part 3256 to read as follows:

PART 3256--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL 
ASSISTANCE)

Sec.
3256.100 What does this part do?
3256.105 Does this part apply to me?
3256.110 What policies and procedures must I follow?
Subpart A--[Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
3256.200 Whom in the NEA does a recipient other than an individual 
notify about a criminal drug conviction?
Subpart C--Requirements for Recipients Who Are Individuals
3256.300 Whom in the NEA does a recipient who is an individual 
notify about a criminal drug conviction?
Subpart D--Responsibilities of NEA Awarding Officials
3256.400 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
3256.500 Who in the NEA determines that a recipient other than an 
individual violated the requirements of this part?
3256.505 Who in the NEA determines that a recipient who is an 
individual violated the requirements of this part?
Subpart F--[Reserved]

    Authority:  41 U.S.C. 701 et seq.


Sec.  3256.100  What does this part do?

    This part requires that the award and administration of NEA 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 NEA's grants and cooperative agreements; 
and
    (b) Establishes NEA 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.  3256.105  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 an NEA grant or cooperative agreement; or
    (b) NEA awarding official.


Sec.  3256.110  What policies and procedures must I follow?

    (a) General. You must follow the policies and procedures specified 
in the 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 guidance in 2 CFR part 182, this part supplements 
four sections of that 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
      Section of OMB guidance            where         supplementation
                                     supplemented         clarifies
------------------------------------------------------------------------
(1) 2 CFR 182.225(a)..............            Sec.  Whom in the NEA a
                                          3256.200   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 NEA a
                                          3256.300   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 NEA is
                                          3256.500   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 NEA is
                                          3256.505   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.
------------------------------------------------------------------------


[[Page 33157]]

    (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 
NEA's policies and procedures are the same as those in the OMB 
guidance.

Subpart A--[Reserved]

Subpart B--Requirements for Recipients Other Than Individuals


Sec.  3256.200  Whom in the NEA 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 NEA awarding official or 
other designee for each award that it currently has.

Subpart C--Requirements for Recipients Who Are Individuals


Sec.  3256.300  Whom in the NEA 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 NEA awarding official or other designee 
for each award that he or she currently has.

Subpart D--Responsibilities of NEA Awarding Officials


Sec.  3256.400  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 this 
part, which adopts the Governmentwide 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.  3256.500  Who in the NEA determines that a recipient other than 
an individual violated the requirements of this part?

    The Chairman of the National Endowment for the Arts is the official 
authorized to make the determination under 2 CFR 182.500.


Sec.  3256.505  Who in the NEA determines that a recipient who is an 
individual violated the requirements of this part?

    The Chairman of the National Endowment for the Arts is the official 
authorized to make the determination under 2 CFR 182.505.

Subpart F--[Reserved]

Title 45--Public Welfare

PART 1155--[REMOVED]

0
2. Under the authority of 20 U.S.C. 959(a)(1), part 1155 is removed.

Kathy N. Daum,
Director, Office of Administrative Services.
[FR Doc. 2015-14163 Filed 6-10-15; 8:45 am]
 BILLING CODE 7537-01-P



                                                                                                                                                                                           33155

                                           Rules and Regulations                                                                                          Federal Register
                                                                                                                                                          Vol. 80, No. 112

                                                                                                                                                          Thursday, June 11, 2015



                                           This section of the FEDERAL REGISTER                    part 3256 so that the originally-                      the agency previously issued in its own
                                           contains regulatory documents having general            designated part may be used for other                  CFR title with a brief regulation in 2
                                           applicability and legal effect, most of which           regulations.                                           CFR adopting the Governmentwide
                                           are keyed to and codified in the Code of                                                                       policies and procedures. One advantage
                                           Federal Regulations, which is published under           A. Background
                                                                                                                                                          of this approach is that it reduces the
                                           50 titles pursuant to 44 U.S.C. 1510.                      On November 18, 1988, Congress                      total volume of drug-free workplace
                                           The Code of Federal Regulations is sold by
                                                                                                   enacted the Drug-Free Workplace Act of                 regulations. A second advantage is that
                                           the Superintendent of Documents. Prices of              1988 (Pub. L. 100–690, Title V, Subtitle               it locates OMB’s guidance and all of the
                                           new books are listed in the first FEDERAL               D; 41 U.S.C. 701, et seq.) as a part of                agencies’ implementing regulations in 2
                                           REGISTER issue of each week.                            omnibus drug legislation. Federal                      CFR.
                                                                                                   agencies issued an interim final
                                                                                                   common rule to implement the Act as                    B. The Current Regulatory Actions
                                           NATIONAL FOUNDATION ON THE                              it applied to grants (53 FR 4946, January                As the OMB guidance requires, the
                                           ARTS AND THE HUMANITIES                                 31, 1989). The rule was a subpart of the               NEA is taking two regulatory actions.
                                                                                                   Governmentwide common rule on                          First, we are removing the drug-free
                                           National Endowment for the Arts                         nonprocurement suspension and                          workplace common rule from 45 CFR
                                                                                                   debarment. The agencies issued a final                 part 1155. Second, to replace the
                                           2 CFR Part 3256                                         common rule after consideration of                     common rule, we are issuing a brief
                                                                                                   public comments (55 FR 21681, May 25,                  regulation in 2 CFR part 3256 to adopt
                                           45 CFR Part 1155                                        1990).                                                 the Governmentwide policies and
                                                                                                      The agencies proposed an update to                  procedures in the OMB guidance.
                                           RIN 3135–AA24
                                                                                                   the drug-free workplace common rule in                   Please note that the proposed rule for
                                           Implementation of OMB Guidance on                       2002 (67 FR 3266, January 23, 2002) and                this regulatory change, filed March 23,
                                           Drug-Free Workplace Requirements                        finalized it in 2003 (68 FR 66534,                     2015, originally designated 2 CFR part
                                                                                                   November 26, 2003). The updated                        3255 for the Implementation of the OMB
                                           AGENCY:    National Endowment for the                   common rule was redrafted in plain                     Guidance. No comments were received
                                           Arts.                                                   language and adopted as a separate part,               regarding the proposed rule during the
                                           ACTION:   Final rule.                                   independent from the common rule on                    30 day comment period. The final rule,
                                                                                                   nonprocurement suspension and                          however has redesignated this
                                           SUMMARY:   The National Endowment for                   debarment. Based on an amendment to                    Implementation of OMB Guidance to
                                           the Arts (NEA) is adopting the Office of                the drug-free workplace requirements in                part 3256 so that the originally-
                                           Management and Budget (OMB)                             41 U.S.C. 702 (Pub. L. 105–85, div. A,                 designated part may be used for other
                                           guidance on drug-free workplace                         title VIII, Sec. 809, Nov. 18, 1997, 111               regulations.
                                           requirements for financial assistance. It               Stat. 1838), the update also allowed
                                                                                                                                                          1. Invitation To Comment
                                           is removing its regulation implementing                 multiple enforcement options from
                                           the Governmentwide common rule and                      which agencies could select, rather than                  Taken together, these regulatory
                                           issuing a new regulation to adopt the                   requiring use of a certification in all                actions are solely an administrative
                                           OMB guidance. This regulatory action                    cases.                                                 simplification and are not intended to
                                           implements the OMB’s initiative to                         When it established Title 2 of the CFR              make any substantive change in policies
                                           streamline and consolidate into one title               as the new central location for OMB                    or procedures. In soliciting comments
                                           of the CFR all Federal regulations on                   guidance and agency implementing                       on these actions, we did not seeking to
                                           drug-free workplace requirements for                    regulations concerning grants and                      revisit substantive issues that were
                                           financial assistance. These regulatory                  agreements (69 FR 26276, May 11,                       resolved during the development of the
                                           actions constitute an administrative                    2004), OMB announced its intention to                  final common rule in 2003. We invited
                                           simplification that would make no                       replace common rules with OMB                          comments specifically on any
                                           substantive change in NEA’s policy or                   guidance that agencies could adopt in                  unintended changes in substantive
                                           procedures for drug-free workplace.                     brief regulations. OMB began that                      content that the new part in 2 CFR
                                           DATES: This rule is effective on June 11,
                                                                                                   process by proposing (70 FR 51863,                     would make relative to the common rule
                                           2015.                                                   August 31, 2005) and finalizing (71 FR                 at 45 CFR part 1155. No comments were
                                                                                                   66431, November 15, 2006)                              received by the close of the thirty day
                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   Governmentwide guidance on                             comment period.
                                           Sarah Weingast, Assistant General                       nonprocurement suspension and
                                           Counsel, (202) 682–5796.                                                                                       2. Administrative Procedure Act
                                                                                                   debarment in 2 CFR part 180.
                                           SUPPLEMENTARY INFORMATION: Please                          As the next step in that process, OMB                  Under the Administrative Procedure
                                           note that the proposed rule for this                    proposed for comment (73 FR 55776,                     Act (5 U.S.C. 553), agencies generally
                                           regulatory change, filed March 23, 2015,                September 26, 2008) and finalized (74                  propose a regulation and offer interested
                                           originally designated 2 CFR part 3255                   FR 28149, June 15, 2009)                               parties the opportunity to comment
Lhorne on DSK2VPTVN1PROD with RULES




                                           for the Implementation of the OMB                       Governmentwide guidance with policies                  before it becomes effective. However, as
                                           Guidance. No comments were received                     and procedures to implement drug-free                  described in the ‘‘Background’’ section
                                           regarding the proposed rule during the                  workplace requirements for financial                   of this preamble, the policies and
                                           30 day comment period. This final rule,                 assistance. The guidance requires each                 procedures in this regulation have been
                                           however has redesignated this                           agency to replace the common rule on                   proposed for comment two times—one
                                           Implementation of OMB Guidance to                       drug-free workplace requirements that                  time by federal agencies as a common


                                      VerDate Sep<11>2014   13:58 Jun 10, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\11JNR1.SGM   11JNR1


                                           33156              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations

                                           rule in 2002, and a second time by OMB                   List of Subjects                                       3256.505 Who in the NEA determines that
                                           as guidance in 2008—and adopted each                                                                                a recipient who is an individual violated
                                                                                                    2 CFR Part 3256                                            the requirements of this part?
                                           time after resolution of the comments
                                           received.                                                  Administrative practice and                          Subpart F—[Reserved]
                                              This final rule is solely an                          procedure, Drug abuse, Grant programs,
                                                                                                    Reporting and recordkeeping                              Authority: 41 U.S.C. 701 et seq.
                                           administrative simplification that would
                                           make no substantive change in the NEA                    requirements.
                                                                                                                                                           § 3256.100   What does this part do?
                                           policy or procedures for drug-free                       45 CFR Part 1155                                         This part requires that the award and
                                           workplace. We therefore believe that the                                                                        administration of NEA grants and
                                                                                                      Administrative practice and
                                           rule is noncontroversial and did not                                                                            cooperative agreements comply with
                                                                                                    procedure, Drug abuse, Grant programs,
                                           expect to receive adverse comments,                                                                             Office of Management and Budget
                                                                                                    Loan programs, Reporting and
                                           although we are invited comments on                                                                             (OMB) guidance implementing the
                                                                                                    recordkeeping requirements.
                                           any unintended substantive change this                                                                          portion of the Drug-Free Workplace Act
                                           rule makes. No comments were received                      For the reasons stated in the
                                                                                                    preamble, the National Endowment for                   of 1988 (41 U.S.C. 701–707, as
                                           by the close of the thirty-day comment                                                                          amended, hereafter referred to as ‘‘the
                                           period and this rule becomes effective                   the Arts amends 2 CFR chapter XXXII
                                                                                                    and 45 CFR chapter XI as follows:                      Act’’) that applies to grants. It thereby—
                                           on June 11, 2015 without further action.
                                                                                                                                                             (a) Gives regulatory effect to the OMB
                                           3. Executive Order 12866                                 Title 2—Grants and Agreements                          guidance (subparts A through F of 2
                                                                                                                                                           CFR part 182) for the NEA’s grants and
                                             OMB has determined this rule to be                     CHAPTER XXXII—NATIONAL ENDOWMENT
                                                                                                    FOR THE ARTS                                           cooperative agreements; and
                                           not significant for purposes of E.O.
                                                                                                                                                             (b) Establishes NEA policies and
                                           12866.                                                   ■ 1. In title 2, chapter XXXII, add part               procedures for compliance with the Act
                                           4. Regulatory Flexibility Act of 1980                    3256 to read as follows:                               that are the same as those of other
                                           (5 U.S.C. 605(b))                                                                                               Federal agencies, in conformance with
                                                                                                    PART 3256—REQUIREMENTS FOR
                                                                                                                                                           the requirement in 41 U.S.C. 705 for
                                             This regulatory action will not have a                 DRUG–FREE WORKPLACE
                                                                                                                                                           Governmentwide implementing
                                           significant adverse impact on a                          (FINANCIAL ASSISTANCE)
                                                                                                                                                           regulations.
                                           substantial number of small entities.                    Sec.
                                                                                                    3256.100 What does this part do?                       § 3256.105   Does this part apply to me?
                                           5. Unfunded Mandates Act of 1995 (Sec.
                                           202, Pub. L. 104–4)                                      3256.105 Does this part apply to me?                     This part and, through this part,
                                                                                                    3256.110 What policies and procedures                  pertinent portions of the OMB guidance
                                             This regulatory action does not                             must I follow?                                    in subparts A through F of 2 CFR part
                                           contain a Federal mandate that will                      Subpart A—[Reserved]                                   182 (see table at 2 CFR 182.115(b))
                                           result in the expenditure by State, local,                                                                      apply to you if you are a—
                                           and tribal governments, in aggregate, or                 Subpart B—Requirements for Recipients
                                                                                                    Other Than Individuals                                   (a) Recipient of an NEA grant or
                                           by the private sector of $100 million or                                                                        cooperative agreement; or
                                           more in any one year.                                    3256.200 Whom in the NEA does a
                                                                                                        recipient other than an individual notify            (b) NEA awarding official.
                                           6. Paperwork Reduction Act of 1995 (44                       about a criminal drug conviction?                  § 3256.110 What policies and procedures
                                           U.S.C., Chapter 35)                                      Subpart C—Requirements for Recipients                  must I follow?
                                             This regulatory action will not impose                 Who Are Individuals                                      (a) General. You must follow the
                                           any additional reporting or                              3256.300 Whom in the NEA does a                        policies and procedures specified in the
                                           recordkeeping requirements under the                         recipient who is an individual notify              applicable sections of the OMB
                                           Paperwork Reduction Act.                                     about a criminal drug conviction?                  guidance in subparts A through F of 2
                                                                                                    Subpart D—Responsibilities of NEA                      CFR part 182, as implemented by this
                                           7. Federalism (Executive Order 13132)
                                                                                                    Awarding Officials                                     part.
                                             This regulatory action does not have                   3256.400 What method do I use as an                      (b) Specific sections of OMB guidance
                                           Federalism implications, as set forth in                     agency awarding official to obtain a               that this part supplements. In
                                           Executive Order 13132. It will not have                      recipient’s agreement to comply with the           implementing the guidance in 2 CFR
                                           substantial direct effects on the States,                    OMB guidance?                                      part 182, this part supplements four
                                           on the relationship between the national                 Subpart E—Violations of This Part and                  sections of that guidance, as shown in
                                           government and the States, or on the                     Consequences                                           the following table. For each of those
                                           distribution of power and                                3256.500 Who in the NEA determines that                sections, you must follow the policies
                                           responsibilities among the various                           a recipient other than an individual               and procedures in the OMB guidance, as
                                           levels of government.                                        violated the requirements of this part?            supplemented by this part.

                                                                                   Section in
                                                                                    this part
                                             Section of OMB guidance                                                                  What the supplementation clarifies
                                                                                     where
                                                                                 supplemented

                                           (1) 2 CFR 182.225(a) .........           § 3256.200     Whom in the NEA a recipient other than an individual must notify if an employee is convicted for
                                                                                                    a violation of a criminal drug statute in the workplace.
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                                           (2) 2 CFR 182.300(b) .........           § 3256.300     Whom in the NEA a recipient who is an individual must notify if he or she is convicted of a crimi-
                                                                                                    nal drug offense resulting from a violation occurring during the conduct of any award activity.
                                           (3) 2 CFR 182.500 .............          § 3256.500     Who in the NEA 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 .............          § 3256.505     Who in the NEA 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.



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                                                              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations                                               33157

                                              (c) Sections of the OMB guidance that                § 3256.505 Who in the NEA determines                   Corrections
                                           this part does not supplement. For any                  that a recipient who is an individual violated
                                                                                                   the requirements of this part?                            In the Federal Register of May 26,
                                           section of OMB guidance in subparts A                                                                          2015, in FR Doc. 2015–12648, please
                                           through F of 2 CFR part 182 that is not                   The Chairman of the National                         make the following corrections:
                                           listed in paragraph (b) of this section,                Endowment for the Arts is the official                    1. On page 30004, in the third
                                           the NEA’s policies and procedures are                   authorized to make the determination                   column, correct the ADDRESSES section
                                           the same as those in the OMB guidance.                  under 2 CFR 182.505.                                   to read as follows:
                                           Subpart A—[Reserved]                                    Subpart F—[Reserved]                                   ADDRESSES: The meeting will take place
                                                                                                                                                          at the DoubleTree-Scottsdale, 5401
                                           Subpart B—Requirements for                              Title 45—Public Welfare                                North Scottsdale Road, Scottsdale,
                                           Recipients Other Than Individuals                                                                              Arizona 85250–7090.
                                                                                                   PART 1155—[REMOVED]                                       2. On page 30005, in the second
                                           § 3256.200 Whom in the NEA does a                                                                              column, correct the first paragraph
                                           recipient other than an individual notify               ■ 2. Under the authority of 20 U.S.C.                  under Section II to read as follows:
                                           about a criminal drug conviction?                       959(a)(1), part 1155 is removed.
                                                                                                                                                          II. Seventh Committee Meeting
                                             A recipient other than an individual                  Kathy N. Daum,
                                           that is required under 2 CFR 182.225(a)                                                                          The seventh meeting of the IHBG
                                                                                                   Director, Office of Administrative Services.           Formula Negotiation Rulemaking
                                           to notify Federal agencies about an
                                                                                                   [FR Doc. 2015–14163 Filed 6–10–15; 8:45 am]            Committee will be held on Tuesday,
                                           employee’s conviction for a criminal
                                           drug offense must notify the NEA                        BILLING CODE 7537–01–P                                 August 11, 2015, Wednesday, August
                                           awarding official or other designee for                                                                        12, 2015, and Thursday, August 13,
                                           each award that it currently has.                                                                              2015. On each day, the session will
                                                                                                                                                          begin at approximately 8:30 a.m., and
                                           Subpart C—Requirements for                              DEPARTMENT OF HOUSING AND                              adjourn at approximately 5:30 p.m. The
                                           Recipients Who Are Individuals                          URBAN DEVELOPMENT                                      meeting will take place at the
                                                                                                                                                          DoubleTree-Scottsdale, 5401 North
                                           § 3256.300 Whom in the NEA does a                       24 CFR Chapter IX
                                           recipient who is an individual notify about                                                                    Scottsdale Road, Scottsdale, Arizona.
                                           a criminal drug conviction?                                                                                      Dated: June 8, 2015.
                                                                                                   [Docket No. FR–5650–N–10]
                                              A recipient who is an individual and                                                                        Aaron Santa Anna,
                                           is required under 2 CFR 182.300(b) to                   Native American Housing Assistance                     Assistant General Counsel for Regulations.
                                           notify Federal agencies about a                         and Self-Determination Act of 1996:                    [FR Doc. 2015–14324 Filed 6–10–15; 8:45 am]
                                           conviction for a criminal drug offense                  Negotiated Rulemaking Committee;                       BILLING CODE P
                                           must notify the NEA awarding official                   Notice of Seventh Meeting; Correction
                                           or other designee for each award that he
                                           or she currently has.                                   AGENCY:    Office of the General Counsel,
                                                                                                   HUD.                                                   DEPARTMENT OF EDUCATION
                                           Subpart D—Responsibilities of NEA                       ACTION:Notice of meetings of negotiated                34 CFR Part 222
                                           Awarding Officials                                      rulemaking committee; Correction.
                                                                                                                                                          RIN 1810–AB21
                                           § 3256.400 What method do I use as an                   SUMMARY:    On May 26, 2015, HUD
                                           agency awarding official to obtain a
                                                                                                   published a notice in the Federal                      Impact Aid Program
                                           recipient’s agreement to comply with the
                                           OMB guidance?                                           Register announcing the seventh                        AGENCY:  Office of Elementary and
                                                                                                   meeting of the Indian Housing Block                    Secondary Education, Department of
                                              To obtain a recipient’s agreement to                 Grant (IHBG) program negotiated                        Education
                                           comply with applicable requirements in                  rulemaking committee. The notice
                                           the OMB guidance at 2 CFR part 182,                                                                            ACTION: Final regulations.
                                                                                                   advised the public that the seventh
                                           you must include the following term or                  meeting of the IHBG negotiated                         SUMMARY:   The Secretary amends the
                                           condition in the award: Drug-free                       rulemaking committee will be held on                   Impact Aid Program regulations to
                                           workplace. You as the recipient must                    Tuesday, August 11, 2015, Wednesday,                   reflect changes made to title VIII of the
                                           comply with drug-free workplace                         August 12, 2015, and Thursday, August                  Elementary and Secondary Education
                                           requirements in subpart B (or subpart C,                13, 2015. The published notice                         Act of 1965 (ESEA or Act), as amended
                                           if the recipient is an individual) of this              incorrectly listed the location for the                by various statutes, to delete obsolete
                                           part, which adopts the Governmentwide                   meeting. This document corrects the                    provisions, to correct technical errors,
                                           implementation (2 CFR part 182) of sec.                 address and location for the meeting.                  and to incorporate relevant statutory
                                           5152–5158 of the Drug-Free Workplace                                                                           and regulatory changes from the
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           Act of 1988 (Pub. L. 100–690, Title V,                                                                         Individuals with Disabilities Education
                                           Subtitle D; 41 U.S.C. 701–707).                         Rodger J. Boyd, Deputy Assistant
                                                                                                   Secretary for Native American                          Act (IDEA) and its implementing
                                           Subpart E—Violations of This Part and                   Programs, Office of Public and Indian                  regulations. The Secretary makes minor
                                           Consequences                                            Housing, Department of Housing and                     technical, clarifying, and streamlining
                                                                                                   Urban Development, 451 Seventh Street                  changes for the reader’s convenience,
                                           § 3256.500 Who in the NEA determines                    SW., Room 4126, Washington, DC                         including reordering the regulations that
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                                           that a recipient other than an individual               20410, telephone number 202–401–7914                   implement the section of the Act
                                           violated the requirements of this part?                 (this is not a toll-free number). Hearing-             regarding local contribution rates that
                                             The Chairman of the National                          or speech-impaired individuals may                     are based on generally comparable local
                                           Endowment for the Arts is the official                  access this number via TTY by calling                  educational agencies (LEAs).
                                           authorized to make the determination                    the toll-free Federal Relay Service at 1–              DATES: These regulations are effective
                                           under 2 CFR 182.500.                                    800–877–8339.                                          June 11, 2015.


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Document Created: 2015-12-15 15:07:22
Document Modified: 2015-12-15 15:07:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on June 11, 2015.
ContactSarah Weingast, Assistant General Counsel, (202) 682-5796.
FR Citation80 FR 33155 
RIN Number3135-AA24
CFR Citation2 CFR 3256
45 CFR 1155
CFR AssociatedAdministrative Practice and Procedure; Drug Abuse; Grant Programs; Reporting and Recordkeeping Requirements and Loan Programs

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